The following Terms & Conditions (“Terms & Conditions”) are applicable to the use of the www.SampleStork.com website and other affiliated websites (the “Sites”) which is(are) operated by Covalent Media Group, LLC (“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 you first register on the Site.
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 users 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.
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.
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.
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.
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.
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.
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.
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.
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/.
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.
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.
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.
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.