Using the Walmart Sites means accepting these Terms
The Terms govern access to and use of all Walmart Sites. By using them you affirm you are of legal age, or that a parent or guardian has consented on your behalf. If you violate or do not agree to the Terms, your access is described as unauthorized. Additional terms apply to some services, such as Walmart Pharmacy, Walmart+ and Gift Cards, and are incorporated by reference.
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These Terms of Use govern your access to and use of all Walmart Sites among other things.
you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent
If you violate or do not agree to these Terms of Use, then your access to and use of the Walmart Sites is unauthorized.
Additional terms and conditions apply to some services offered on the Walmart Sites (e.g., Walmart Pharmacy, Walmart +, and Gift Cards) or through other channels.
Not stated here
Feature-specific terms such as Walmart Pharmacy and Gift Card terms were not supplied.
Legal Rights & Agreement Rules · Context
“Walmart” and “Walmart Entities” are defined broadly
“Walmart” means Wal-Mart.com USA, LLC and Walmart Inc., any subsidiaries of Wal-Mart Stores, Inc. including ones formed or acquired in the future, and their affiliates, directors, officers, employees and agents. “Walmart Entities” adds Walmart's suppliers, vendors, contractors and licensors, and receives many of the disclaimers and liability limits.
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When we say “Walmart,” we mean Wal-Mart.com USA, LLC and Walmart Inc., and any subsidiaries of Wal-Mart Stores, Inc. (including any subsidiaries that Walmart Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents.
But when we say “Walmart Entities,” we mean Walmart; its suppliers, vendors, contractors, and licensors.
“Walmart Sites” covers walmart.com, the apps and generative AI features
“Walmart Sites” means www.walmart.com, the Walmart Apps (the official Walmart App for iPhone and Android) and all related functionality, services and Content, including Chatbots and other Generative AI Features. “You” covers any user of a Walmart Site and any person who has notice of the Terms, and “Terms of Use” includes all other terms and policies Walmart posts on the Sites and their updates.
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When we say “Walmart Sites,” we mean www.walmart.com, the Walmart Apps, and all related functionality, (including but not limited to Chatbots and other Generative AI Features, defined in Section 16.J), services, and Content offered by or for Walmart on or through www.walmart.com and the Walmart Apps
the official “Walmart App” for iPhone and Android
any user (like you!) of any Walmart Site and any person who has notice of these Terms of Use
these Terms of Use and all other terms and policies posted by Walmart on the Walmart Sites (and any updates by Walmart to these Terms of Use and those terms and policies)
Walmart may update the Terms; continued use means acceptance
Walmart may update the Terms by notifying you by any reasonable means, including posting a revised version. Changes do not apply to disputes between you and Walmart arising before the date the revised terms were posted or notice was given. You agree it is your responsibility to check Walmart.com for updates, and by continuing to use the Sites or otherwise engaging with Walmart after changes are posted you accept the updated Terms. The “Last Updated” legend shows when they last changed.
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We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Walmart Sites.
Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.
You agree that it your responsibility to regularly check Walmart.com for any updated Terms of Use.
by continuing to use or access any of the Walmart Sites or otherwise engaging with Walmart after we post any changes, you accept the updated Terms of Use
Legal Rights & Agreement Rules · Restriction or exception
No spam or hidden metadata using Walmart’s name; no helping others break rules
You will not use the Sites or Walmart's name, logo or brand to send unsolicited or unauthorized Content such as advertising, email, junk mail or spam, or use meta tags or hidden text with a Walmart trademark, logo, URL or product name without written consent. You also will not attempt, permit, encourage, assist or allow any third party to do anything the section prohibits.
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You will not use the Walmart Sites or Walmart’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation
use any meta tags or other hidden text or metadata utilizing a Walmart trademark, logo, URL, or product name without Walmart’s written consent
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section
Legal Rights & Agreement Rules · Restriction or exception
Materials are informational; verify before relying and no warranty of accuracy
Materials are for educational and informational purposes only and errors may appear. You should confirm important facts before acting in reliance on them. Walmart Entities make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of Materials and assume no responsibility for consequences of actions or inaction based on them.
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The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Walmart Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.
THE WALMART ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
Legal Rights & Agreement Rules · Restriction or exception
Health and pharmacy Materials do not replace a medical professional
Materials related to health, wellness, prescriptions or pharmaceuticals are not intended to substitute for diagnosis, treatment or advice of a medical professional, do not cover all uses, precautions, side effects and interactions, and should not be construed to indicate that any drug is safe or effective for you. You are told to consult the product information and a medical professional before using any prescription or over-the-counter drug.
Supporting quotations
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL
SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU
CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL
data: health
Legal Rights & Agreement Rules · Restriction or exception
Listings may be inaccurate; returning the product is the sole remedy
Products may be offered by Walmart or third parties. Walmart makes no representations about the completeness, accuracy, reliability or timeliness of listings, descriptions, images, specifications or prices, and information and availability can change without notice. Colors and measures may be approximate. Walmart is not responsible for goods and services provided by third parties, including any Walmart Entity, Marketplace Retailers and advertisers. If a Product is not as described, your sole remedy is to return it in unused condition, in accordance with Walmart's return policy, excluding products not eligible for return.
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Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
certain weights, measures, and similar descriptions are approximate and are for convenience only
Walmart is not responsible for, and cannot guarantee the performance of goods and services provided by third parties, including any Walmart Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link.
If you find a Product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Walmart’s return policy.
we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish
Legal Rights & Agreement Rules · Restriction or exception
Children’s products are sold to adults; you certify age on restricted items
Products for children's use are intended for sale to adults. Some videos, movies, games and other Products carry age restrictions or are for mature audiences only, and by ordering an age-restricted item you certify that you satisfy the age restrictions. Walmart has no liability for content on the Sites that you find offensive, indecent or objectionable.
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We sell Products for children’s use; however, these Products are intended for sale to adults.
Walmart has no liability to you for content on the Walmart Sites that you find to be offensive, indecent, or objectionable.
By ordering an age restricted item, you certify that you satisfy the age restrictions.
data: demographics
Legal Rights & Agreement Rules · Restriction or exception
Third-party sites are used at your own risk and under their own terms
References to third parties' names, products or links to third-party sites are not an endorsement. Walmart is not responsible for the content of linked sites, including social media or mobile app platforms the Sites interact with, or for operators' acts or omissions. Your use of any such site or platform is at your own risk and governed by that third party's terms and policies.
Supporting quotations
are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services
Walmart is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Walmart Sites operate or otherwise interact
Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
Legal Rights & Agreement Rules · Restriction or exception
Export and customs laws apply; no transfers to prohibited places or parties
You acknowledge that goods and software or technology from the Sites are subject to U.S. customs and export control laws and possibly those of other countries, and you agree to comply. You warrant that no Materials will be accessed from, downloaded in, transferred to or exported to any territory or person to which they could not be transferred directly from the United States without a license, including persons on U.S. Treasury or Commerce Department restricted-party lists.
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are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws
no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license
including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List
Legal Rights & Agreement Rules · Context
Third-party technology and open source materials are subject to their own terms
The Sites may include third-party technologies and open source materials. Your use of them is subject to the Terms and to the applicable third-party terms set out at a linked page that is incorporated by reference.
Supporting quotations
The Walmart Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties
Not stated here
The Third-party Software and Licensing Notices were not supplied.
Legal Rights & Agreement Rules · Context
Promotion rules can supplement or override these Terms
Sweepstakes, contests, raffles, surveys, games and similar promotions may be governed by separate or supplemental rules. If promotion rules conflict with the Terms, the promotion rules govern, and the section directs you to review those rules and the Privacy Policy.
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may be governed by rules that are separate from or supplement these Terms of Use
If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
please review the applicable rules as well as our Privacy Policy
Not stated here
Individual promotion rules were not supplied.
Legal Rights & Agreement Rules · Restriction or exception
Marketplace orders are fulfilled and handled by third-party retailers
Walmart operates a marketplace that lets Marketplace Retailers sell alongside Walmart products. Marketplace orders are fulfilled by the third-party retailer or, in certain cases, by Walmart on its behalf as service provider. The retailer, not Walmart, is responsible for processing, delivery, international shipping, returns and customer service, except where Walmart performs certain fulfillment or support on its behalf. Products can be returned only to that retailer under its return policy. To the fullest extent provided by law, Walmart has no responsibility or liability for any Marketplace Retailer, its products or representations.
Supporting quotations
all Walmart Marketplace orders will be fulfilled by the third party Marketplace Retailer or, in certain cases, by Walmart on behalf of the Marketplace Retailer as its service provider
The Marketplace Retailer (and not Walmart) will be responsible for all processing, delivery, international shipping (if applicable), returns, and customer service related to your Walmart Marketplace order, except to the extent Walmart performs certain fulfillment or customer support services on the Marketplace Retailer’s behalf.
Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy.
To the fullest extent provided by applicable law, Walmart has no responsibility or liability for any Marketplace Retailer, their products, or representations.
Legal Rights & Agreement Rules · Restriction or exception
iOS Walmart App: Apple is not a party and disclaims support and warranty
For the iOS Walmart App, Apple is not a party to the Terms, does not own or take responsibility for the app, and provides no warranty except any purchase-price refund. Apple is not responsible for maintenance, support or claims such as product liability, legal conformity, consumer protection or IP infringement, and inquiries or complaints must go to Walmart. Your license is limited to a non-transferable license to use the app on an Apple-branded device you own or control, subject to Apple's Usage Rules and any applicable third-party agreements such as your wireless data service.
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Apple is not a party to these Terms of Use and does not own and is not responsible for any Walmart App. Apple is not providing any warranty for the Walmart App except, if applicable, to refund the purchase price for it.
Any inquiries or complaints relating to the use of the Walmart App, including those pertaining to intellectual property rights, must be directed to Walmart
The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Walmart App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you
you must comply with the terms of any third-party agreement applicable to you when using the Walmart App, such as your wireless data service agreement
or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service
Legal Rights & Agreement Rules · Restriction or exception
iOS users warrant they are not embargoed; Apple may enforce the Terms
iOS users represent and warrant they are not in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of the Terms and may enforce them against you, though Walmart's right to enter into, rescind or terminate any variation, waiver or settlement does not require any third party's consent.
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you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof
Walmart’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party
Legal Rights & Agreement Rules · Restriction or exception
Restaurant orders: Walmart delivers but disclaims food safety
Restaurants sell food and drink items on the Sites, prepare the orders, and Walmart delivers on the Restaurant's behalf as its service provider, sometimes through independent third-party delivery contractors. Walmart does not prepare Restaurant Items, is not responsible for food safety, and does not verify menu, nutrition, ingredient or allergen information supplied by the Restaurant. To the fullest extent provided by law it has no responsibility or liability for any Restaurant or its items. Delivery fees on Restaurant Items are paid to Walmart.
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Restaurant orders will be prepared by the Restaurant and delivered by Walmart on behalf of the Restaurant as its service provider.
Walmart may contract with third party delivery services, who are independent contractors and not Walmart employees
Walmart does not prepare the Restaurant Items and is not responsible for the safety of the food or other products sold by the Restaurants.
nutrition, ingredient and/or allergen information
Walmart does not independently verify and is not responsible for their accuracy.
Delivery fees that are part of the transaction for Restaurant Items are paid to Walmart.
Legal Rights & Agreement Rules · Restriction or exception
Photo Center content is downloaded at your own risk
Content, including photos and software, obtained through the Photo Center is downloaded or obtained at your own discretion and risk, and you are solely responsible for damage to your computer system or data loss from downloading or uploading such material. You may be exposed to photos you find objectionable and take sole responsibility for that exposure.
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any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the Walmart Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material
Your use of the Walmart Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
Legal Rights & Agreement Rules · Restriction or exception
Registry for Good: charity promotion rules; Walmart may terminate
Charities may promote or link to their registry only on their own website, social media account or page, offline mailings or email, and only with Walmart trademarks, logos and content Walmart makes available, within stated limits. They may not mislead, imply Walmart funds or endorses them, request or use other customers' account information, modify or suppress site features, or frame the registry. Walmart may terminate a charity's participation or suspend access for violations, in addition to other remedies.
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Charities may only promote or link to their Registry for Good on their own website, user-generated content published through a social media account, or page belonging to the Charity, offline mailings, or email correspondence
Charities may not promote or link to the Registry for Good, or the Registry for Good Site, in a way that is misleading, illegal, or confusing to viewers
Charities may not state, or imply that Walmart funds, endorses, supports or is otherwise engaged in business with a Charity.
Charities may not request, collect, obtain, store, cache, or otherwise use any account information of, or used by, other Walmart customers.
Charities may not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Walmart Content or the Registry for Good Site.
Charities may not frame your Registry for Good or the Registry for Good Site
Walmart reserves the right to terminate any Charity participation in the Registry for Good, or suspend access to the Registry for Good site for violation of these Terms
Legal Rights & Agreement Rules · Restriction or exception
Generative AI Output may be wrong; verify before acting
The Sites may include Chatbots and other Generative AI, and Materials may be generated by Generative AI. Output may be inaccurate, incomplete, out of date, misleading or contain errors, or the features may misunderstand your Input and answer a different question. You should review and verify Output before purchases or other transactions. Pricing information generated by Generative AI may be inaccurate or out of date, does not constitute an offer to sell or acceptance of an offer at the stated price, and Section 8.B governs pricing.
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The Walmart Sites may include Chatbots and other Generative AI, and Materials on the Walmart Sites may be generated by Generative AI
the information, responses and recommendations generated for you and other users through Generative AI Features (collectively, the “Output”) may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions, or the Generative AI Features may misunderstand the Content that you input (the “Input”) and may be responding to a different question than asked
You should review and verify the Output before making any purchases, engaging in other transactions from the Walmart Sites, or taking any other action based on any such Output.
Pricing information provided by Generative AI Features does not constitute an offer to sell the item at the stated price or acceptance of an offer to purchase the item at the stated price.
Refer to Walmart’s Terms of Use at Section 8.B. Pricing Information; Availability for further information on item pricing.
Legal Rights & Agreement Rules · Restriction or exception
Output is general information, not for key decisions, and may not be unique
Output is intended for general informational purposes only and should not be used as the basis for legal, safety, health, regulatory or similarly important decisions. Users are solely responsible for independently verifying Output and for decisions based on it. Output may not be unique across users and Walmart or a third party may receive the same or similar Output. Outputs generated for other users are not considered your Content, but you are responsible for any Input you submit.
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You should not use any Output provided by the Generative AI Features as the basis for making any legal, safety, health, regulatory, or similarly important decision.
Users of the Generative AI Features are solely responsible for independently verifying and evaluating the Output, and for any decisions they make based on the Output.
the Output from the Generative AI Features may not be unique across users, and the Generative AI Features may generate or return the same or similar Output to Walmart or a third party
Outputs that are requested by and generated for other users are not considered your Content. However, you are responsible for any Input you submit to the Generative AI Features.
Legal Rights & Agreement Rules · Restriction or exception
Generative AI features are provided “as is”; Walmart Entities disclaim liability
The Generative AI Features are provided on an “as is” and “as available” basis, and Walmart Entities make no representations or warranties, including on merchantability, accuracy and fitness for a particular purpose, and do not warrant uninterrupted, accurate or error-free operation or that Content and Materials processed or generated will be secure, not lost or altered. Walmart Entities will not be liable for your use or inability to use the features, inaccurate information they generate, or Materials they generate.
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The Generative AI Features are provided on an “as is” and “as available” basis, and the Walmart Entities do not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy
that any Content and Materials processed or generated by the Generative AI Features will be secure, not lost, or altered
Walmart Entities will not be liable for your use or inability to use the Generative AI Features, any inaccurate information generated by the Generative AI Features, or any Materials generated by the Generative AI Features or generated from the Walmart Sites.
Legal Rights & Agreement Rules · Restriction or exception
“As is” provision of the Sites; you assume interception and data-loss risk
The Sites, Content, Materials, products, services and functionality, and Walmart store locations, are provided on an “as is” and “as available” basis. No Walmart Entity makes representations or warranties about operation or items made available, and to the fullest extent permissible they disclaim all warranties, including implied warranties of merchantability and fitness and any warranties for merchandise offered. The section does not limit a manufacturer's product warranty. You assume full responsibility for use of the Sites and agree that information you send or receive may be intercepted, and that no Walmart Entity is responsible for loss or damage to your property or data from materials you access or download. Some states do not allow limits on implied warranties.
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THE WALMART SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WALMART SITES, AND/OR WALMART STORE LOCATIONS, ARE PROVIDED BY WALMART ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WALMART ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY WALMART TO YOU.
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WALMART SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES
NO WALMART ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE WALMART SITES
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Qualifications & exceptions
Subject to applicable law; a manufacturer's own product warranty is not limited.
data: content
Legal Rights & Agreement Rules · Restriction or exception
Liability exclusions and a cap of fees paid in the prior six months
To the fullest extent provided by law, Walmart Entities will not be liable for indirect, special, incidental or consequential losses or damages of any nature, including lost profits, goodwill or data, even if advised of the possibility. Subject to that, no Walmart Entity will be liable for damages in excess of the fees you paid in connection with use of the Walmart Sites during the six-month period preceding the date the claim arose.
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WALMART ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA
NO WALMART ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WALMART SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE
Qualifications & exceptions
Applies to the fullest extent provided by applicable law.
Not stated here
The section does not state exceptions for injury, fraud or similar claims.
Legal Rights & Agreement Rules · Restriction or exception
No liability for defamatory, offensive or illegal conduct of sellers or users
To the fullest extent provided by law, no Walmart Entity will be liable for any defamatory, offensive or illegal conduct of any seller, including any Marketplace Retailer, shopper or other user of the Walmart Sites.
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NO WALMART ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE WALMART SITES
Legal Rights & Agreement Rules · Restriction or exception
You must defend and indemnify Walmart Entities, even for groundless claims
You agree to defend (at Walmart's option), indemnify and hold the Walmart Entities harmless from liabilities, claims, damages, costs and expenses, including attorneys' fees, expert fees and ESI costs, arising from or related to your misuse of the Sites or any breach of the Terms. This applies regardless of whether matters are groundless, fraudulent or false and regardless of cause. Walmart may assume exclusive defense and control at its expense, and you must cooperate.
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You agree to defend (at Walmart’s option), indemnify, and hold the Walmart Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including but not limited to those related to electronically stored information (hereinafter, “ESI”), expert fees, attorneys’ fees and costs, arising from or related to your misuse of the Walmart Sites or any breach by you of these Terms of Use.
You agree to defend and indemnify the Walmart Entities regardless of whether such matters are groundless, fraudulent, or false, and regardless of the cause or alleged cause thereof.
Walmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you
Legal Rights & Agreement Rules · Restriction or exception
Disputes go to binding individual arbitration, with a small-claims exception
All disputes arising out of or related to the Terms or any aspect of the relationship with Walmart, whatever the legal theory, will be resolved through final and binding arbitration before a single neutral arbitrator rather than by a judge or jury, and each side waives the right to sue in court and to a jury trial. As an exception, either party may bring an individual action in small claims court in the United States if it is within that court's jurisdiction and is not removed, appealed or refiled in a court of general jurisdiction.
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YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WALMART
WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY
YOU AND WALMART AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY
you or Walmart may bring an action in small claims court in the United States if (i) it is brought on an individual basis; (ii) the claim is within the scope of the small claims court’s jurisdiction; and (iii) the claim is not removed, appealed, or otherwise transferred to or refiled in any court of general jurisdiction
Qualifications & exceptions
Small claims exception must be individual and stay within that court.
Not stated here
The supplied text does not describe a way to opt out of arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Class action waiver: claims only on an individual basis
Any arbitration will take place on an individual basis, and you and Walmart waive the right to have any covered dispute brought, heard, administered, resolved or arbitrated as a class arbitration, class action or collective action, to the maximum extent permitted by law. Nothing precludes you from bringing issues to government agencies, which may seek relief against Walmart for you if applicable law allows.
Supporting quotations
YOU AND WALMART AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS.
You and Walmart each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, or collective action to the maximum extent permitted by law.
Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies
Starting arbitration: written Demand with original signatures; tolling
Arbitration must be started by a written Demand sent only by first-class mail, FedEx or UPS within the statute of limitations period, delivered to Walmart Inc.'s Legal Department in Bentonville, Arkansas. The Demand must include contact details, the legal claims and factual basis, the remedy sought with a good-faith amount in controversy, and original personal signatures of the party and any representative; digital, scanned or electronic signatures do not count. The party's signature verifies under penalty of perjury that the facts are true. Compliance tolls limitation periods for 90 days, after which they continue unless the Demand is filed in arbitration or administered under the bellwether process.
Supporting quotations
shall be initiated by You or Walmart by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period
Walmart Inc. Legal Department, 1 Customer Drive, Mailstop 0215, Bentonville, AR 72716
a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy
“original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature
shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct
tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand for ninety (90) days
Filing with the AAA 60+ days after the Demand; arbitrator decides arbitrability
A party seeking arbitration submits a copy of the Demand to the American Arbitration Association sixty or more days after the Demand is initiated, and the arbitration is not considered filed until then. It is administered under the AAA Consumer Arbitration Rules and Mediation Procedures and Mass Arbitration Supplementary Rules, except as the Terms modify them. The arbitrator, not a court or agency, has exclusive authority over interpretation, applicability, enforceability or formation of the arbitration agreement.
Supporting quotations
A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated
The arbitration shall not be considered as filed with the AAA unless and until there is compliance with Section 20.3 of these Terms of Use.
AAA Consumer Arbitration Rules and Mediation Procedures and AAA Mass Arbitration Supplementary Rules, except to the extent modified by these Terms of Use
the arbitrator, and not any court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement
Either party may file dispositive motions permitted by the Federal Rules of Civil Procedure without the arbitrator's permission. Discovery from the opposing party or third parties must be proportional to the needs of the claim, decided by the arbitrator when requested. Calls, conferences and hearings occur by teleconference or videoconference unless the arbitrator finds an in-person hearing appropriate, in which case it will be at a reasonably convenient location if practicable. You and a Walmart employee must attend all calls, conferences and hearings.
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You or Walmart may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator.
The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute
The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate.
You and an employee of Walmart shall attend all arbitrator calls, conferences, and hearings.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration costs: offers of judgment and fee-shifting for frivolous claims
A party may make a written offer of judgment at least seven days before the hearing; if the other side declines and fails to obtain a more favorable award, it loses post-offer costs and bears the offering party's post-offer costs, which may include expert fees. If the arbitrator finds a claim, counterclaim, appeal or violation frivolous, in bad faith or for harassment, it shall award the opposing party attorneys' fees, costs, expenses and all AAA charges, and may enter that award against a party, its attorneys or both.
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A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing. If a party declines an offer of judgment and fails to obtain a more favorable award, the declining party shall not be entitled to its post-offer costs and shall be responsible for the offering party’s post-offer costs. The arbitrator may decide to include expert fees in said costs.
If the arbitrator finds that a party’s claim, counterclaim, appeal, or violation of Section 20.30 was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party their attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
The arbitrator may enter such award against a party, any of their attorneys, or both.
Not stated here
Section 20.30 is referenced but is not visible in the supplied text; the Terms do not state who pays AAA fees generally.
Legal Rights & Agreement Rules · Restriction or exception
Arbitrator applies the Terms and awards only individual relief; limited appeal
The arbitrator will follow the Terms and the law and may award relief only in favor of the individual party seeking it, only as needed for that party's claim. The award binds you and Walmart but has no preclusive effect on disputes with others, even with the same counsel. Either party may appeal an award that manifestly disregards the law by giving the AAA notice within 30 days; a single arbitrator hears the appeal unless the parties agree to a panel, chosen from the AAA Appellate Panel.
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The arbitrator will follow these Terms of Use and the law.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim.
it shall have no preclusive effect on disputes between Walmart and other parties, even if represented by the same counsel on the same or similar issues
You or Walmart may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties.
The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration confidentiality and limits on sharing awards with other arbitrations
All matters relating to the arbitration or award, including its existence, discovery and the award, are confidential and may be disclosed only as necessary to conduct the arbitration, obtain a provisional court remedy, enforce or challenge the award, communicate with government agencies, or as required by law or the agreement. Before confirming an award the party must give notice, and if the other side performs within 15 business days the notifying party will not seek confirmation. A party may disclose information about an arbitration it participated in to another arbitration only in stated cases, including where opposing parties are redacted or they consent.
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All matters relating to the arbitration or the award, including the fact of the arbitration, any discovery exchanged as part of the arbitration, and the award itself, shall be confidential and shall not be disclosed by any party or their attorneys
except as necessary to conduct the arbitration, as is strictly necessary to obtain a provisional remedy that must be obtained in court, to enforce or challenge the award, to communicate with government agencies, as required by law, or as otherwise allowed by the Arbitration Agreement
performs their obligation under the award within 15 business days of such notice
the identifying information of the opposing party or parties is redacted or otherwise not disclosed
the opposing party or parties to the original arbitration consents
Legal Rights & Agreement Rules · Procedure
Bellwether process: 25 or more similar Demands are staged through ten test cases
If 25 or more Demands involving common questions of law or fact are initiated by claimants represented by the same law firm, coordinated firms or representative, they are administered under the bellwether process. Claimants and Walmart each choose five Demands, ten in total, to be filed with the AAA, each decided individually by a different arbitrator without preclusive effect. Remaining Demands may be filed after 90 days from when all bellwether demands are arbitrated and appeals exhausted, with limitations tolled. A court may enforce the paragraph with injunctive or other relief.
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If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative
The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA
After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA.
The statute of limitations shall be tolled during this process.
a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief
Legal Rights & Agreement Rules · Restriction or exception
If the class waiver is invalid, the dispute goes to court, not arbitration
If a covered dispute is filed as a class, collective or representative action and the Class Action Waiver is held invalid or unenforceable for that dispute, the Arbitration Agreement does not apply to it and it proceeds in a court designated in Section 22, not as a class arbitration. If another provision of Section 20 is invalid for a particular dispute, that provision is severed and the rest of the Terms remain enforceable to the maximum extent permitted.
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If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, or representative action and (ii) if the Class Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim
If any provision of Section 20 other than the Class Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use
as designated in Section 22 of these Terms of Use, and not as a class, collective, or representative arbitration
The Federal Arbitration Act governs arbitration; Texas law is the fallback
The Federal Arbitration Act governs interpretation and enforcement of Section 20. If it is found not to apply to any portion, Texas law applies without regard to choice-of-law principles of other jurisdictions.
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The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms of Use. If the FAA is found not to apply to any portion of Section 20 of these Terms of Use, then the applicable laws of the State of Texas shall apply
Legal Rights & Agreement Rules · Context
Entire agreement; no partnership or employment relationship created
The Terms are the complete agreement between you and Walmart and supersede prior agreements and representations on their subject matter. They do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship. Headings are for reference only, and “including” means “without limitation”.
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These Terms of Use represent the complete agreement and understanding between you and Walmart and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.
do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Walmart
Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”
Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
Legal Rights & Agreement Rules · Restriction or exception
Texas law governs; court cases go to Collin County or Eastern District of Texas
Except as provided in the arbitration section, the Terms are governed by Texas law. Court cases other than U.S. small claims, including actions to compel arbitration or disputes the arbitration agreement does not cover, must be brought exclusively in the U.S. District Court for the Eastern District of Texas, Sherman Division, or the state courts of Collin County, Texas, and both sides agree to those courts' jurisdiction and venue. Cases filed elsewhere will be transferred or dismissed without prejudice, and the transfer or dismissal cannot be denied for inconvenience or similar considerations.
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THESE TERMS OF USE SHALL BE INTERPRETED AND GOVERNED BY THE APPLICABLE LAWS OF THE STATE OF TEXAS
FOR ANY CASES INITIATED IN COURT (OTHER THAN SMALL CLAIMS COURT IN THE UNITED STATES), INCLUDING ANY ORIGINAL ACTION TO COMPEL ARBITRATION, OR TO WHICH THE ARBITRATION AGREEMENT DOES NOT APPLY PURSUANT TO SECTION 20.7, THE CASE MUST BE BROUGHT AND LITIGATED EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS, SHERMAN DIVISION, OR THE STATE COURTS OF COLLIN COUNTY, TEXAS
Any action filed in any other court (other than an appropriate small claims court in the United States) will be transferred to, or dismissed without prejudice for refiling only in
Legal Rights & Agreement Rules · Restriction or exception
Severability, no waiver, assignment and notice: Walmart may assign freely
Except as provided in Section 20, unenforceable provisions are severed or reformed only as needed. Walmart's failure to act on a breach is not a waiver. You may not assign, transfer or sublicense your rights or obligations without Walmart's prior written consent, while Walmart may do so without restriction. Notices to you, including of changes, may be made by posting to the Sites, email or regular mail, and printed versions are admissible in proceedings to the same extent as other business records.
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if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be severed or reformed only to the extent necessary to make it enforceable
The failure of Walmart to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Walmart Sites or by e-mail (including in each case via links), or by regular mail.
Except as provided in Section 20 above, if any provision of these Terms of Use is held to be unenforceable for any reason
Parental control filtering software is commercially available
The Terms notify you that parental control protections such as hardware, software or filtering services are commercially available and may assist in limiting minors' access to harmful material, and identify a third-party site listing providers. Walmart says it does not endorse any of the products or services listed there.
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parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors
we do not endorse any of the products or services listed on such site
Legal Rights & Agreement Rules · Context
Contact details; email may not be secure; California complaint contact
Questions or comments can go to Walmart's help page or by mail to its San Bruno, California address. Email communications will not necessarily be secure, so you should not include credit card or other sensitive information in email. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail or telephone.
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If you have any questions or comments, please contact us at https://walmart.com/help, or by mail at the following address: Walmart.com; 850 Cherry Ave., San Bruno, CA 94066.
e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs