Terms and Conditions
You agree to comply with and be bound by the Agreement, in its entirety, when you access: (a) the Site; (b) the Site’s viewable text, graphics and other material (collectively, “Content”); (c) a variety of printable, web-based coupons ("Printable Coupons") and online coupon codes ("Coupon Codes," and together with Printable Coupons, “Coupons”), as made available on or through the Site by SamplesUp’sTM third-party coupon provider partners ("Coupon Providers"); (d) the sample program (“Sample Program”), that will enable you to register for the opportunity to receive free samples and other discounted merchandise (collectively, the “Samples”), as made available on the Site by SamplesUp’sTM third-party sample providers (“Sample Providers,” and together with the Coupon Providers, the “Merchants”); (e) links to SamplesUp’sTM social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook® (“Social Media Websites”); and/or (f) certain promotions, contests and/or sweepstakes offered by SamplesUpTM by and through the Site, and otherwise, from time to time (collectively, “Contests,” and together with the Site, Content, Coupons, Samples and Social Media Pages, the “SamplesUpTM Offerings”).
By using and/or accessing the SamplesUpTM Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE SamplesUpTM OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that SamplesUpTM is not in any way affiliated with Facebook, nor are the SamplesUpTM Offerings endorsed, administered or sponsored by Facebook.
1.SCOPE OF AGREEMENT; MODIFICATION
By using the SamplesUpTM Offerings, you agree to be bound by, and to comply with, the terms and conditions of the Agreement. If you are dissatisfied with the SamplesUpTM Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the SamplesUpTM Offerings. The Agreement constitutes the entire and only agreement between you and SamplesUpTM with respect to your use of the SamplesUpTM Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and SamplesUpTM with respect to the SamplesUpTM Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the SamplesUpTM Offerings. By your continued use of any of the SamplesUpTM Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.
The SamplesUpTM Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The SamplesUpTM Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the SamplesUpTM Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the SamplesUpTM Offerings. SamplesUpTM does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. SamplesUpTM does not guarantee that the SamplesUpTM Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the SamplesUpTM Offerings through your wireless device. You are fully responsible for all such charges and SamplesUpTM has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In order to register and access the SamplesUpTM Offerings and/or enter a Contest, you must first fully complete the applicable registration form located on the Site ("Form"). Depending on which of the SamplesUpTM Offerings you are attempting to access, the information that you must supply on the Form may include some or all of the following: (a) full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) gender; and (g) any other information requested on the Form (collectively, "Form Registration Data"). In addition, where you enter a Contest and, where applicable, is selected as a potential prize winner in connection therewith, SamplesUpTM may collect some or all of the following: (i) Social Security Number (for prize winners); (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for prize winners); and (iii) any other information requested in connection with the applicable Contest (collectively, “Contest Registration Data,” and together with the Form Registration Data, the “Registration Data”).
SamplesUpTM may terminate your access to the SamplesUpTM Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where SamplesUpTM believes that you are: (A) in any way in breach of the Agreement; and/or (B) engaged in any improper conduct in connection with the SamplesUpTM Offerings.
Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and/or through the Site and/or other SamplesUpTM Offerings. The Content is compiled, distributed and displayed by SamplesUpTM, as well as third-party content providers, such as Merchants and/or advertisers (collectively, “Third-Party Providers”). SamplesUpTM does not control the Content provided by Third-Party Providers that is made available by and through the SamplesUpTM Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. SamplesUpTM does not represent or warrant that the Content and other information posted by and through the SamplesUpTM Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that SamplesUpTM will not be responsible for, and SamplesUpTM undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that SamplesUpTM shall have no obligation and incur no liability to such users in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
From time-to-time, SamplesUpTM offers Contests by and through the SamplesUpTM Offerings. By providing true and accurate information in connection with the applicable Contest Form(s) and agreeing to the Contest Rules applicable to each Contest, users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Contest promotion. Each user understands and agrees that SamplesUpTM shall not be liable to such user or any third-party for any claim in connection with that user’s participation in any of the Contests.
The following terms and conditions apply to all Coupons made available by and through the SamplesUpTM Offerings, except as otherwise specified on (or in association with) a particular Coupon and except as otherwise required by law. All persons accepting, printing, using or attempting to use any Coupon (each, a "Consumer") agree to the terms of this Section 7.
All Coupons are issued by the participating Merchants and made available by and through the SamplesUpTM Offerings. The Merchants are the holders and issuers of the Coupons and under no circumstances shall SamplesUpTM be deemed the holder, issuer or seller of any Coupon. The law applicable to the Coupons shall be the law of the state where the interaction between the applicable Merchant and applicable Consumer occurs. As the holder and issuer of a Coupon, each Merchant is solely responsible for the value and redemption of that Coupon and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Consumer and compliance with all laws including, without limitation, unclaimed property and escheatment laws relating to that Coupon. Coupons are subject to all limitations stated on (and/or associated with) the Coupons or imposed by the applicable Merchants. Neither SamplesUpTM, nor the applicable Merchant, is responsible for lost or stolen Coupons.
The Coupons may provide a discounted price from the actual value of the applicable Merchant’s product(s) or service(s). The discount is available until the expiration date stated on the face of the Coupon. After a Coupon has expired, that Coupon may not be redeemed, nor does that Coupon have any value, unless otherwise required by law or allowed by the applicable Merchant. A Consumer's redemption of a Coupon constitutes an acceptance of that redemption and a waiver of any and all claims associated with that Coupon. Coupons may not be redeemed for products or services other than those specified on the applicable Coupons or as otherwise specifically permitted by this Section 7.
Coupons are not transferable without notice to and acceptance of SamplesUpTM and/or the applicable Merchant(s), as applicable, unless such transfer is permitted pursuant to applicable law. No resale of Coupons is permitted unless such resale is permitted pursuant to applicable law. Coupons should be treated as if the Coupons were cash. Coupons are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. Coupons may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to the Merchant, except as required by applicable law. The issuance of any credits for Coupons is at the sole discretion of the applicable Merchants, except as required by applicable law. All restaurant Coupons are valid for dine in only unless otherwise stated on the applicable Coupons. Coupons may not be used for alcohol, prior balances, shipping or handling, tips, gratuities or other fees, except as expressly provided on the applicable Coupons, as allowed by the applicable Merchants or as otherwise permitted by applicable law. Unless otherwise stated on the applicable Coupon, the Coupon value does not include sales, value added or use taxes, which may be charged to the Consumer separately by the Merchant at the time that the Consumer redeems the Coupon. Any attempted redemption of a Coupon in violation of this Section 7 will render that Coupon void.
Each Consumer hereby knowingly fully waives and releases SamplesUpTM and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and/or rights of any nature whatsoever arising from or related to any act or omission of any Merchant in connection with any Coupon, the provision of the services and products relating to any Coupon and/or compliance by any Merchant with applicable law including, without limitation, unclaimed property and escheatment laws. SamplesUp’sTM sole role is as the marketing agent for the Merchants, and the applicability of, and compliance with, any relevant law relating to any Coupon is solely determined by and the obligation of the applicable Merchants. In the event of a conflict between the Agreement and the terms and conditions associated with a Coupon, the terms and conditions associated with the Coupon itself will control.
Void where prohibited. Please be advised that SamplesUpTM does not itself provide the Coupons, or the associated products or services, and the ultimate terms and conditions of any such Coupons, and associated products and/or services, will be determined by the Merchants providing the Coupons. SamplesUpTM is not responsible for Coupons that are lost, late, illegible, misdirected, damaged, incomplete or incorrect.
The Coupons contain descriptions that are provided directly by the Merchants, manufacturers and/or distributors of such Coupons, as applicable. SamplesUpTM does not represent or warrant that the descriptions of such Coupons are accurate or complete. As a result, SamplesUpTM has no control over the quality, safety or legality of the Coupons. You understand and agree that SamplesUpTM is not responsible or liable in any manner whatsoever for: (a) your use of, or inability to use and/or qualify for, any Coupon; (b) any dispute between you and any Merchant; or (c) any modification, suspension or discontinuation of any Coupon offered by any Merchant.
All taxes associated with the receipt and/or redemption of Coupons are the sole responsibility of the applicable Consumer.
In order to participate in the Sample Program, users must: (a) select a Sample; (b) complete the applicable Sample Program registration Form; and (c) view one (1) or more offers (“Sample Program Offers”); provided, that NO PURCHASE OF, OR SIGNING UP FOR ANY, SAMPLE PROGRAM OFFERS IS NECESSARY TO RECEIVE SAMPLES. After viewing the requisite number of Sample Program Offers, the user may gain entry into a then-available Contest and have a chance to win a Sample. The featured Sample size and type may vary, and Samples are limited in quantity and subject to availability. As such, SamplesUpTM reserves the right to substitute Samples with a similar product based on availability. Void where prohibited. Samples are non-transferable and cannot be redeemed for cash. Please be advised that, in many instances, SamplesUpTM does not itself provide the Sample Program Offers, or the associated products or services, and the ultimate terms and conditions of any such third-party Sample Program Offers, and associated products and/or services, will be determined by the third-party(ies) providing the Sample Program Offers. Each Merchant is solely responsible for any and all bodily injury, illness, allergic reactions, damages, claims, liabilities and costs suffered by or relating to any Consumer in connection with the use of any Sample. Samples are subject to specific terms, conditions and limitations imposed by the applicable Merchants.
The Samples contain descriptions that are provided directly by the manufacturers or distributors of such Samples. SamplesUpTM does not represent or warrant that the descriptions of such Samples are accurate or complete. As a result, SamplesUpTM has no control over the quality, safety or legality of the Samples.
You understand and agree that SamplesUpTM is not responsible or liable in any manner whatsoever for: (i) your use of, or inability to use and/or qualify for, any Sample and/or Sample Program Offer; (ii) any dispute between you and any Merchant and/or third-party provider of a Sample and/or Sample Program Offer; or (iii) any modification, suspension or discontinuation of any Sample and/or Sample Program Offer.
9.SOCIAL MEDIA PAGES
The Site contains links to the various SamplesUpTM Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that SamplesUpTM shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Users are solely responsible for their interactions with other users, Merchants, Third-Party Providers and other third-parties featured through the SamplesUpTM Offerings. Because SamplesUpTM is not involved in interactions with other users and third-parties, in the event that you have a dispute with one or more users, Merchants, Third-Party Providers and/or other third-parties, you hereby release SamplesUpTM from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the SamplesUpTM Offerings, and associated Content in accordance with the Agreement. SamplesUpTM may terminate this license at any time for any or no reason. You may use the SamplesUpTM Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the SamplesUpTM Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the SamplesUpTM Offerings or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by SamplesUpTM. SamplesUpTM reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the SamplesUpTM Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on SamplesUpTM infrastructure. Your right to use the SamplesUpTM Offerings is not transferable.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the SamplesUpTM Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the SamplesUpTM Offerings is strictly prohibited. You do not acquire ownership rights in or to the SamplesUpTM Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through the SamplesUpTM Offerings. The “SamplesUp” name and logo, and all associated graphics, icons and service names, are trademarks of Lead Cactus LLC.
All Coupon and Sample trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any SamplesUpTM trademark without SamplesUp’sTM express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the SamplesUpTM Offerings by SamplesUpTM does not constitute a waiver of any right in or to such information and/or materials.
13.EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the SamplesUpTM Offerings.
You agree to indemnify and hold SamplesUpTM, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the SamplesUpTM Offerings; (b) your breach of the Agreement; (c) any dispute between you and any user, Merchant, Third-Party Provider or other third-party; (d) any claim that SamplesUpTM is obligated to pay any taxes in connection with your receipt and/or redemption of Coupons and/or Samples; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of SamplesUpTM, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15.DISCLAIMER OF WARRANTIES.
THE SamplesUpTM OFFERINGS, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE SamplesUpTM OFFERINGS (COLLECTIVELY, THE “TOTAL OFFERINGS”) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SamplesUpTM MAKES NO WARRANTY THAT: (A) THE TOTAL OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE TOTAL OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR COUPONS AND/OR SAMPLES; (D) THE COUPONS WILL BE HONORED BY THE APPLICABLE MERCHANT; (E) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE COUPONS OR OTHER TOTAL OFFERINGS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERINGS WILL BE ACCURATE OR RELIABLE. THE TOTAL OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SamplesUpTM OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SamplesUpTM, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER SamplesUpTM OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SamplesUpTM SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SamplesUpTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOTAL OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SamplesUpTM OFFERINGS; (C) THE FAILURE TO QUALIFY FOR COUPONS AND/OR SAMPLES FROM ANY MERCHANT, OR ANY SUBSEQUENT DENIAL OF PRODUCTS AND/OR SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) WHETHER THE COUPONS ARE HONORED BY THE APPLICABLE MERCHANT; (F) WHETHER YOU REALIZE ANY ECONOMIC BENEFIT FROM USE OF THE SamplesUpTM OFFERINGS; AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE SamplesUpTM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SamplesUpTM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SamplesUpTM. THE ABILITY TO USE THE TOTAL OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You may be transferred to Merchant, Third-Party Provider, Social Media Websites and other third-party owned or operated websites through links or frames contained on the Site or otherwise made available by and through the SamplesUpTM Offerings. You are cautioned to read such websites’ terms and conditions and privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your personal and non-personal information. Because SamplesUpTM has no control over such third-party websites and/or resources, you hereby acknowledge and agree that SamplesUpTM is not responsible for the availability of such third-party websites and/or resources. Furthermore, SamplesUpTM does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials on or made available from such third-party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such Merchant, Third-Party Provider, Social Media Website and/or its/their respective website(s) by SamplesUpTM and any association with the operator(s) is provided solely for your convenience. You agree that SamplesUpTM has no liability whatsoever in connection with such third-party websites and/or your usage thereof.
Any attempt by any individual, whether or not a SamplesUpTM customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the SamplesUpTM Offerings is a violation of criminal and civil law and SamplesUpTM will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and/or in equity.
19.DISPUTE RESOLUTION PROVISIONS
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the SamplesUpTM Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in Los Angeles, CA, in accordance with the then current commercial arbitration rules of a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims 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. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against SamplesUpTM and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that SamplesUpTM incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Should any part of the 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 any SamplesUpTM Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Contest Rules, insofar as an applicable Contest promotion is concerned, the Contest Rules shall govern; and (b) any Coupon terms, insofar as a Coupon is concerned, the applicable Coupon terms shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. SamplesUpTM may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
21.CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
If you have questions about the SamplesUp Offerings or the Agreement, please e-mail us at: support@SamplesUp.com; or send us mail to: 11847 Gorham Ave P1, Los Angeles, CA 90049