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this Agreement may be superseded by expressly designated legal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.