TERMS & CONDITIONS
www.SamplesandSavings.com
Last Update: August 9, 2017
The following Terms & Conditions (“Terms &
Conditions”) are applicable to the use of the www.SamplesandSavings.com website
and other affiliated websites (the “Sites”) which is(are) operated by
SamplesAndSavings.com (“we,” “us,” or “our”). Your use of a Site constitutes
your acceptance of these Terms & Conditions and creates a binding contract
between you and us. If you find the Terms & Conditions to be unacceptable,
you must immediately terminate your use of the Site.
Mandatory Arbitration. These Terms & Conditions
contain a mandatory arbitration provision that requires you to individually
arbitrate any disputes or claims you may have with us and waives your right to
participate in a class action or multi-party arbitration. You may opt-out of
the mandatory arbitration provision by providing written notice of your
decision within thirty (30) days of the date that yu first register on the
Site.
How the Site Works. We comb the Internet for links
to sites that offer the best free samples of brand name products including
household goods and health and beauty aids (“Free Sample Links”). We are able
to provide the Free Sample Links at no charge to our consumers by them
providing us with certain information about themselves that enables us to
identify products and services that may interest them and sharing this
information with our marketing partners. Our marketing partners compensate us
for connecting them with interested consumers.
To qualify to get access to the Free Sample Links, you’ll
need to enter a valid e-mail address as well as your name, address, and date of
birth. You may also need to respond to a series of survey questions. You may
also be asked to confirm that all of your information is accurate and agree to
be contacted by our marketing partners, typically via email. In some cases, we
will ask you to consent to be called and/or texted by our marketing partners.
You do not need to consent to be called or texted to purchase the advertised
item or to gain access to the Free Sample Links. Then, you will be presented
with Free Sample Links which enable you to get samples of cosmetics, household
items and other goods or services from your favorite brands. If you click on a
particular link, you’ll usually be directed to a website operated by the
provider of the free sample who may ask for your contact information so they
can send you the free sample. The products and goods and services offered in
the Free Sample Links may change from time to time so please stop back and see
what’s available.
Telemarketing and Text Messages. Where you provide “prior express written consent” within
the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to
receive telephone calls, including artificial voice calls, pre-recorded
messages and/or calls delivered via automated technology and text and SMS
messages to the telephone number(s) that you provided from us and the marketing
partners listed in and hyperlinked to the consent. You are not required to
provide this consent to obtain access to the Free Sample Links and other offers
on the Sites and your consent simply allows us to contact you via these means. If you provide consent, CAC an affiliate of ours and any of
our other affiliates or Marketing Partners named in the consent may send you
SMS messages from their short codes or long codes. Our short codes are
53294, 91982, and 411411; we may acquire additional short codes. Message
Frequency Varies, maximum 15 messages per month. Message and data rates may
apply. Text STOP to opt-out from future messages and HELP for help.
The mobile carriers are not liable for delayed or undelivered messages.
No Representations or Warranties. The Free Sample
Links and other information, samples and services provided on the Site and the
content, information, documents, graphics and images displayed on the Site are
provided by us and our marketing partners, sample providers, sample
manufacturers and other third parties and could include inaccuracies,
typographical errors or other errors. We make no commitment to update or
correct any errors on the Site. You also understand and agree that the
Site may, at times, be inaccessible or inoperable for any reason, including:
(a) equipment or communications malfunctions; (b) periodic maintenance, repairs
or administrative reviews which we may undertake from time-to-time; or (c)
causes beyond our control or which are not foreseeable by us. We will not be
responsible or liable in any way to you or anyone else due to or as a result of
any such inaccessibility or inoperability.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS &
CONDITIONS, NEITHER WE NOR ANY OF OUR MARKETING PARTNERS, SAMPLE PROVIDERS OR
THE SAMPLE MANUFACTURERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE, THE FREE
SAMPLE LINKS OR OTHER GOODS OR SERVICES PROVIDED THEREIN. WE PROVIDE THE SITE
AND OTHER SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES,
LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
WARRANTIES.
Privacy Policy; Confidentiality. Our Privacy Policy
contains terms and conditions that govern our collection and use of the
information you provide us or that we obtain through your use of our Site and
our respective rights relative to that information. In general, we share
information you provide us with our marketing partners. Please review our
Privacy Policy before you use our Site. Your use of the Site indicates your
agreement to our Privacy Policy.
As provided for in the Privacy Policy, we cannot guarantee
your confidential use of the Site. We will not be responsible for any harm that
you or any person may suffer as a result of a breach of confidentiality from your
use of the Site.
Eligibility. The Site is intended for use by United
States residents who are over 13 years of age. We do not represent that all
content, materials and services on our Site are appropriate or available for
use in geographic locations outside the United States, and accessing the Site
from certain locations may be illegal and prohibited. You agree not to access
the Site or any content, materials and services on the Site where prohibited by
law. We are not responsible for your compliance with local laws or other
applicable laws.
Equipment. You are solely responsible for providing
and maintaining all hardware, software, electrical and other physical
requirements for your use of the Site, including telecommunications and
internet access connections and links, web browsers or other equipment,
compatibility, and all other programs or services required to access and use
the Site.
Proprietary Rights. The Site including the Free
Sample Links are made available for your personal, non-commercial use only and
you agree not to copy, duplicate, display, transmit, distribute, modify,
reverse engineer or prepare derivative works of all or any portion of the Site
for any purpose. Portions of the Site are proprietary to us and are protected
by intellectual property laws and treaties, including copyright, trademark,
service mark, trade secret and/or patent laws and we reserve all of our
rights. Some of the services and content on the Site are provided by third
parties and is proprietary to these third parties.
The names of companies and products that we do not own and
that are mentioned on the Site may be the trademarks of their respective
owners. Any use of the protected services and/or content belonging to us or
third parties without the express written permission of the owner thereof is
strictly prohibited.
You may not use the Site to sell a product or service, or to
increase traffic to your website for commercial reasons, such as advertising
sales. You may not take the search results and reformat and display them, or
mirror the Site home page or search results pages on your website.
Site Links and Third-Party Sites. The Site contains
the Free Sample Links and other links to third party websites which are
independent of the Site. We make no representation or warranty as to the
accuracy, value, integrity, completeness or authenticity of the information or
opinions contained in the Free Sample Links or any other linked website. We do
not endorse any website contained within the Free Sample Links or any other
linked website, or the products or services described therein and are not
responsible for and disclaim all liability for these third party websites. You
should review the terms and conditions and privacy policies applicable to these
third party websites.
Furthermore, these links may lead to websites or links that
contain offensive and objectionable content or which may contain dangerous
computer viruses. You assume, and we hereby disclaim, all responsibility for
any of the content on these websites or for any damage sustained by users of
these websites.
Fraudulent Activity Policy. We strictly prohibit
user fraud and abuse relating to access to and use of the Site. In accessing
the Site, or any other activities, products or services offered by or through
the Site, you represent and warrant that: (a) all information you supply is
complete and accurate, (b) you are not acting in violation of any applicable
laws, rule or regulations or of these Terms & Conditions, and (c) you will
not circumvent or attempt to circumvent any provision these Terms &
Conditions or any security feature on the Site or engage in any activity that
interrupts or attempts to interrupt the Site’s operation. We may take action,
including disabling a user’s account, if we deem that a user is exhibiting
unusual patterns of behavior and/or randomly and/or excessively clicking on a
link or links after performing a search.
Choice of Law. You agree that these Terms &
Conditions constitute the agreement between you and us and shall be construed
and governed in accordance with the laws of the State of New York, regardless
of the conflicts of law provisions of the jurisdiction where you live or in any
other jurisdiction.
Arbitration/Dispute Resolution. If you have a
dispute concerning any aspect of these Terms & Conditions or the Site, you
should first contact customer support on our Site or by completing a customer
support ticket. If Customer Support doesn’t resolve your dispute to your
satisfaction, you can start a formal dispute proceeding by completing a Dispute
Form. Completing a Dispute Form will elevate your dispute and we will attempt
to resolve the matter to your satisfaction within thirty (30) days of our
receipt of your Dispute Form. We may choose to provide you with a final written
settlement offer during this process. If we provide you with a final written
settlement offer and you don’t accept it, or we can’t otherwise satisfactorily
resolve your dispute, you can submit your dispute for resolution by arbitration
before the American Arbitration Association (“AAA”) in the county where you
live by filing a separate Demand for Arbitration online by following the
instructions at https://apps.adr.org/webfile/. You will need our mailing
address to file online which is:
SamplesandSavings
c/o SamplesAndSavingsOnline USA
5 Brewster Street #2009
Glen Cove, NY 11542
If we have a dispute, we will submit our dispute for
resolution by arbitration before the AAA in New York, NY. If either party files
for arbitration, it will be conducted in accordance with the then current AAA
Commercial Arbitration Rules. The arbitrator will have exclusive authority to
resolve any dispute including any claim that all or any part of the Terms &
Conditions, including this provision, are unenforceable. If you proceed to
arbitration, we will pay all AAA filing, administration and arbitrator fees
unless the arbitrator determines that your claim is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)). For claims you bring of Ten Thousand Dollars
($10,000.00) or less, you can choose whether the arbitration proceeds in
person, by telephone or based only on submissions. The arbitrator may award any
form of individual or equitable relief, including injunctive relief. Any award
will be final and conclusive to the parties and may be entered in any court of
competent jurisdiction. If you initiate arbitration and the arbitrator awards
you relief that is greater than our final written settlement offer made before
an arbitrator was selected, then we will pay you a minimum recovery of Five
Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred
by your attorney, if any, including fees reasonably accrued for investigating,
preparing and pursuing the claim in arbitration. Although under some laws we
may have a right to an award of attorneys’ fees and expenses if we prevail in
arbitration, we agree that we will not seek such an award from you. You and
your attorneys are not required to keep the results of the arbitration
confidential. This provision shall not be construed to preclude any party from
seeking injunctive relief to protect its rights pending an outcome in
arbitration.
You agree to the entry of injunctive relief to stop such a
lawsuit or to remove you as a participant in such a suit. The Terms &
Conditions do not constitute a waiver of any of your rights and remedies to
pursue a claim individually and not as a class action in binding arbitration as
provided above. This provision preventing you from bringing, joining or
participating in class action lawsuits is an independent agreement. You may
opt-out of this Arbitration/Dispute Resolution Provision by providing written
notice of your decision within thirty (30) days of the date that you first use
our Site.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE
DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS
YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A
CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON
RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE
AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, WILL NOT
BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US,
AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, FOR ANY
CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED
WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE AND THE
SERVICES.
IN ALL CASES, WE AND OUR MARKETING PARTNERS, SAMPLE
PROVIDERS AND SAMPLE MANUFACTURERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
THAT IS NOT REASONABLY FORESEEABLE.
Indemnification. You agree to indemnify, hold
harmless and defend us, our shareholders, directors, employees and agents from
and against any action, cause, claim, damage, debt, demand or liability,
including reasonable costs and attorney’s fees, asserted by any person or
entity, arising out of or relating to: (a) these Terms & Conditions and/or
any breach or alleged or threatened breach by you; (b) your use of the Site or
any search results or other content or materials or services transmitted or
received by you; (c) any unacceptable or objectionable use of the Site by you;
or (d) any negligent or willful misconduct by you.
Integration and Conflicting Terms; Severability. These
Terms & Conditions and the Privacy Policy as referenced herein, constitute
the complete and exclusive agreement between you and us with respect to use of
the Site and supersedes any and all prior or contemporaneous communications,
representations, statements, agreements and understandings, whether in oral,
written or electronic form, between you and us concerning the use of the Site.
These Terms & Conditions and the Privacy Policy shall be construed as
consistent with each other whenever possible, but if such construction is
unreasonable due to conflicting terms, the terms of the terms of the Privacy
Policy shall control over the Terms & Conditions.
Any provision of these Terms & Conditions which is
determined by a court of competent jurisdiction to be unenforceable in any
jurisdiction shall be severable from these Terms & Conditions in that
jurisdiction without in any way invalidating the remaining provisions of these
Terms & Conditions. The unenforceability of any provision in a given
jurisdiction shall not make that provision unenforceable in any other
jurisdiction.