Samples Avenue™ Terms and Conditions
Effective Date: April 7th, 2016.
The Samples may contain food items, cosmetics, hair care products and other consumer products that may include ingredients that you are allergic to. You should always check the ingredients associated with a Sample to avoid potential allergic reactions. If you have or suspect that you are having an allergic reaction or other adverse health event, please contact your health care provider immediately.
- SCOPE/MODIFICATION OF AGREEMENT
The Agreement constitutes the entire and only agreement between you and Samples Avenue™ with respect to your use of the Samples Avenue™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and Samples Avenue™ with respect to the Samples Avenue™ 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 Samples Avenue™ Offerings. By your continued use of any of the Samples Avenue™ 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 or incurred charges). Therefore, you should regularly check the Site for updates and/or changes.
The Samples Avenue™ Offerings are available only to individuals who are residents of the United States, who can enter into legally binding contracts under applicable law and that are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, are unable to enter into legally binding contracts under applicable law and/or are not a citizen of the United States, you do not have permission to use and/or access the Samples Avenue™ Offerings.
In order to register for a Site account (“Account“) and access the Samples Avenue™ Offerings, enter a Promotion and/or qualify for a Sample, you must first fully complete the applicable registration form located at the Site (“Form“). Depending on which of the Samples Avenue™ Offerings you are attempting to access, the information that you must supply on the Form may include some or all of the following: (a) your full name; (b) your full mailing address; (c) your telephone number; (d) your e-mail address; (e) your date of birth; (f) your gender; and (g) any other information requested on the Form (collectively, “Registration Data“). You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password.
- TERMINATION/CANCELLATION OF ACCOUNTS
Samples Avenue™ may, at its sole discretion, terminate any end-user’s Account with or without prior notice: (a) where that end-user violates any provision of the Agreement and/or engages in any fraudulent activity; (b) where that end-user acts in any manner that could negatively impact the business interests or reputation of Samples Avenue™; (c) where that end-user otherwise acts unlawfully in connection with Samples Avenue™ and/or the Samples Avenue™ Offerings; and/or (d) for any other reason in the sole and exclusive discretion of Samples Avenue™.
If your Account is terminated by Samples Avenue™, you may not re-enroll or join under a new Account without obtaining Samples Avenue’s™ prior written authorization. If you are dissatisfied with the Samples Avenue™ Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the Samples Avenue™ Offerings.
Subject to the terms and conditions of the Agreement, end-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 Samples Avenue™ Offerings. The Content is compiled, distributed and displayed by Samples Avenue™, as well as third-party content providers, such as Merchants and/or advertisers (collectively, “Third-Party Providers”). Samples Avenue™ does not control the Content provided by Third-Party Providers that is made available by and through the Samples Avenue™ 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. Samples Avenue™ does not represent or warrant that the Content and other information posted by and/or through the Samples Avenue™ Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Samples Avenue™ will not be responsible for, and Samples Avenue™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. Users agree that Samples Avenue™ shall have no obligation and incur no liability to such end-users in connection with any Content. Users 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, Samples Avenue™ offers Promotions by and through the Samples Avenue™ Offerings. By providing true and accurate information in connection with the applicable Promotions Form(s) and agreeing to the Contest Rules applicable to each Promotion, end-users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotions, if any. Each end-user understands and agrees that Samples Avenue™ shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Promotions.
- SAMPLE PROGRAM
In order to participate in the Sample Program, end-users must: (a) select a Sample; (b) complete the applicable Sample Program registration Form; and (c) complete a survey and/or view a series of offers (collectively, “Sample Program Offers”), provided THAT NO PURCHASE OF, OR SIGNING UP FOR, ANY SAMPLE PROGRAM OFFERS IS NECESSARY TO RECEIVE SAMPLES. The featured Samples and Sample Program Offers shall be governed by terms, conditions and restrictions imposed by the applicable third party(ies) providing the Samples and/or Sample Program Offers, as applicable, including, without limitation, the Merchant(s). Without limiting the foregoing, the featured Sample size and type may vary, and Samples are limited in quantity and subject to availability. Void where prohibited. Samples are non-transferable and cannot be redeemed for cash. Please be advised that Samples Avenue™ does not itself provide the Samples and/or Sample Program Offers, or the associated products or services, and the ultimate terms and conditions of any such Samples and/or Sample Program Offers, and associated products and/or services, will be determined by the third party(ies) providing the Samples and/or Sample Program Offers including, without limitation, the Merchant(s).
The Samples contain descriptions that are provided directly by the manufacturers or distributors of such Samples. Samples Avenue™ does not represent or warrant that the descriptions of such Samples are accurate or complete. As a result, Samples Avenue™ has no control over the quality, safety or legality of the Samples.
You understand and agree that Samples Avenue™ 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) for any dispute between you and any Merchant or other third party provider of a Sample and/or Sample Program Offer, as applicable; or (iii) any modification, suspension or discontinuation of any Sample and/or Sample Program Offer.
All taxes associated with the receipt of Samples are the sole responsibility of the applicable end-user.
- LICENSE GRANT
As a Site-user, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the Samples Avenue™ Offerings, and associated Content in accordance with the Agreement. Samples Avenue™ may terminate this license at any time for any or no reason. You may use the Samples Avenue™ Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the Samples Avenue™ 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 Samples Avenue™ 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 Samples Avenue™. Samples Avenue™ 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 Samples Avenue™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Samples Avenue™ infrastructure. Your right to use the Samples Avenue™ Offerings is not transferable.
- PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Samples Avenue™ 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 Samples Avenue™ Offerings is strictly prohibited. You do not acquire ownership rights in or to the Samples Avenue™ Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and/or through the Samples Avenue™ Offerings. All trademarks, brand names, custom graphics, icons and service names associated with the Samples are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any Samples Avenue™ trademark without Samples Avenue’s™ 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 Samples Avenue™ Offerings by Samples Avenue™ does not constitute a waiver of any right in or to such information and/or materials.
- 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/or through the Samples Avenue™ Offerings.
You agree to indemnify and hold Samples Avenue™, 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 use of the Samples Avenue™ Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site-user, Merchant, Third-Party Provider or other third party; (d) any claim that Samples Avenue™ is obligated to pay any taxes in connection with your receipt and/or redemption of Samples; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Samples Avenue™, its parents, 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.
- DISCLAIMER OF WARRANTIES
THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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, SAMPLES AVENUE™ MAKES NO WARRANTY THAT: (A) THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR SAMPLES; (D) THE SAMPLE REQUESTS WILL BE HONORED BY THE APPLICABLE MERCHANT; (E) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE SAMPLES AVENUE™ OFFERINGS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ OFFERINGS WILL BE ACCURATE OR RELIABLE. THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMPLES AVENUE™, ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER SAMPLES AVENUE™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ OFFERINGS; (C) THE FAILURE TO QUALIFY FOR 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 SAMPLE REQUESTS ARE HONORED BY THE APPLICABLE MERCHANT; (F) WHETHER YOU REALIZE ANY ECONOMIC BENEFIT FROM USE OF THE SAMPLES AVENUE™ OFFERINGS; AND (G) ANY OTHER MATTER RELATING TO THE SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™ 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 SAMPLES AVENUE™. THE ABILITY TO USE THE SAMPLES AVENUE™ OFFERINGS, ANY SAMPLES, 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 THROUGH THE SAMPLES AVENUE™ OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- THIRD PARTY WEBSITES
You may be transferred to Merchant, Third-Party Provider and other third-party owned or operated websites through links or frames contained on the Site or otherwise made available by and through the Samples Avenue™ 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 information. Because Samples Avenue™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Samples Avenue™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Samples Avenue™ 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 and/or its/their respective website(s) by Samples Avenue™ and any association with the operator(s) is provided solely for your convenience. You agree that Samples Avenue™ has no liability whatsoever in connection with such third party websites and/or your usage thereof.
- LEGAL WARNING
Any attempt by any individual, whether or not a Samples Avenue™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Samples Avenue™ Offerings is a violation of criminal and civil law and Samples Avenue™ 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.
- 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 Samples Avenue™ 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 New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. 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. 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 Samples Avenue™ 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 Samples Avenue™ 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 Samples Avenue™ 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 Promotion is concerned, the Contest Rules shall govern; and (b) any Sample terms, insofar as a Sample is concerned, the applicable Sample 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. Samples Avenue™ 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.
- CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-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 e-mail to: email@example.com
- CONTACT US
If you have questions about the Samples Avenue™ Offerings or the Agreement, please contact us via U.S. mail at: 350 Lincoln Road Miami Beach, FL 33139; call us at: 1-855-378-7943; or e-mail us at: firstname.lastname@example.org.