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Last Updated Monday, April 20 2009

Terms and Conditions Agreement:

Welcome to the Web site operated by Samplesaint, Inc. ("Samplesaint", "our" or "we"), an Illinois company. We deliver promotional items (such as coupons, promo codes, samples and trial offers) on behalf of companies we work with (our "Clients") to visitors and members ("you", "your" or "Members") at our Web site www.Samplesaint.com (the "Site"). By using this Site, you are agreeing to comply with and be bound by the following Terms and Conditions outlined in this Terms and Conditions Agreement ("Agreement"). Please review the following terms carefully. If you do not agree to these terms, you have no right from Samplesaint to obtain information from or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties.

Introduction:

You agree to the Terms and Conditions outlined in this Agreement with respect to this Web site. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time without specific notice to you. You should visit this page from time to time to review the then-current Agreement because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Limited Right to Use:

The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).

Indemnification:

You agree to indemnify, defend and hold Samplesaint and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.

Nontransferable:

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

Use of Offers:

If you download offers from this Site ("Offers"), use of those Offers is subject to the terms that accompany each offer. You may not download or use the Offers until you have read and accepted the terms of each Offer.

User Submissions:

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Samplesaint will have no obligations with respect to the Communications. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

With respect to these Communications, you grant Samplesaint and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Samplesaint and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate our site's policies and will not cause injury to any person or entity; and that you will indemnify Samplesaint or its affiliates for all claims resulting from content you supply. Samplesaint has the right but not the obligation to monitor and edit or remove any activity or content. Samplesaint takes no responsibility and assumes no liability for any content posted by you or any third party.

User Chat Rooms:

Samplesaint may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Samplesaint, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Linking:

Links to the Site. You are granted a limited, nonexclusive right to create a hypertext link to the home page of the Site provided such link does not portray Samplesaint or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Samplesaint or Samplesaint logo or other proprietary graphic or trademark of Samplesaint to link to this Site without the express written permission of Samplesaint. This limited right may be revoked at any time.

Third-Party Links. Samplesaint reserves the right to link to Clients and to other Merchant sites where we have no relationship. Samplesaint makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of Samplesaint and Samplesaint is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. When leaving Samplesaint, you should be aware that Samplesaint' terms and policies no longer govern, and, therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

Your Account:

To become a registered user of Samplesaint, you will need to sign-up and create an account. By signing up, you agree that the information provided is accurate and you agree to Samplesaint Terms of Use and Privacy Policy. When your account is confirmed, you will be provided with a username and password whereupon you will be able to access member features of Samplesaint. To use member features on the Site, you must have cookies and javascript enabled. Samplesaint recommends using Internet Explorer 7.x or higher, FireFox 3.0 or higher or Safari x.x or higher. Failure to have cookies and javascript enabled may result in certain features not to work and transactions not to be tracked. Samplesaint use of cookies and sessions are explained in the Privacy Policy.

If you use any part of the Site that requires a user name or password, you will be responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify Samplesaint immediately. Samplesaint reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Samplesaint may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Samplesaint be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction of Samplesaint under this provision, any compromise of the confidentiality of your account or password and any unauthorized access to your account or use of your password. Any unauthorized use of this Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Applicable Laws:

This Site is administered by Samplesaint from its offices in Illinois. Samplesaint makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This Agreement will be governed by and construed in accordance with the laws of Illinois, without giving effect to any principles of conflicts of laws. Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Disclaimer" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of Cook County and the United States District Court for Illinois with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Copyright Complaints:

Samplesaint respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Samplesaint' copyright agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Samplesaint' Copyright Agent for notice of claims of copyright infringement on this Site can be reached here.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:

THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAMPLESAINT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT,

REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

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