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What we collect:
Occasionally SampleADay.com has contests. If you are the winner of a contest, in order for us to provide you with your prize, you may be required to provide basic details such as name and address information. Unless otherwise noted, we will not use any information you give outside the scope of the contests. Contests are always void where prohibited by law and we always reserve the right to substitute any prize for a prize of equal or greater value. Unless otherwise noted only one entry is allowed per person or household. Additional rules and conditions may apply.
Google’s use of the DART cookie enables it to serve ads to you based on their visit to your sites and other sites on the Internet.
Third Party Information:
Your personal information submitted through forms on this site may be given to third parties who are limited by law or by contract from using the information for secondary purposes beyond the purposes stated below.
1. To help provide the samples you request to you.
2. To help provide efficient customer service to you.
3. To provide marketing specifically related to the samples that you receive.
This Website User Agreement governs your (“you”, “buyer”, “subscriber” and “your”) use of this website and the relationship between you and SMA Distributing Inc. D.B.A. SampleADay.com (“Company”), owner of sampleaday.com, UkSamples.com, CanadaSamples.com, AustraliaSamples.com, FreeSamplesBaby.com, HalfOffPlus.com and other websites on the SMA Distributing Inc. network.
Your use of sampleaday.com, UKSamples.com, AustraliaSamples.com, FreeSamplesBaby.com, HalfOffPlus.com, CanadaSamples.com and all other websites owned by SMA Distributing Inc. (“Website”) are governed by this Website User Agreement (“Agreement”). Company reserves the right to update or change this Agreement at any time and for any reason without notice to you, and you agree that by continuing to use this Website after we make any changes to this Agreement and post them on the Internet, that you are bound by the then current version of this Agreement. By visiting or using this Website, you agree to the following:
1. Your act of visiting or using this Website has the same legal force and effect as a written contract with your written signature and that you won’t challenge the validity, enforceability or admissibility of this Agreement on the grounds that you agreed to it electronically. You also agree that you have had an opportunity to print a copy of this Agreement for your records.
2. IN NO EVENT SHALL COMPANY AND/OR WEBSITE, OR ANY CONTRACTORS OR AGENTS OF COMPANY AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE LINKED SITES BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, OR ANY PRODUCTS ASSOCIATED, WHETHER BASED ON WARRANTY, CONTRACT, EQUITY, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
3. You agree that in no event Shall Company and/or Website, or any contractors or agents of company and/or website, be liable to you for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or misuse of any sample received or the use or misuse of any information you provide. You further acknowledge that SampleADay.com is not responsible for the fulfillment of any sample requests and that all samples come from third party suppliers NOT sampleaday.com . You understand that SampleADay.com has no control over how any information that you provide to third party linked sites are used. You also acknowledge that SampleADay.com makes no warranties expressed or implied about any samples you receive through the site or any third party website that you may give information to.
4. You agree that in no event Shall Company and/or Website, or any contractors or agents of company and/or website, be liable to you for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages) for the non fulfillment of any offer or sample request or us and misuse of information. You agree that unless otherwise indicated any offer made is limited to one per household, family or mailing address and is limited to US residents..
6. Subscriber Conduct:
(A) Subscriber shall use website for lawful purposes only. Subscriber shall not post or transmit any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in company’s discretion restricts or inhibits any other Subscriber from using or enjoying website will not be permitted. Subscriber shall not use website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with website.
(B) Website may copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Website maybe copyrighted as a collective work under the United States copyright laws. SMA Distributing Inc. may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. If the copyright is owned by SMA Distributing Inc., subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SMA Distributing Inc. . In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of website, Subscriber automatically grants, or warrants that the owner of such material has expressly granted SMA Distributing Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants SMA Distributing Inc. the right to edit, copy, publish and distribute any material made available on website by Subscriber.
(D) The foregoing provisions of Section 6 are for the benefit of SMA Distributing Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. You agree that exclusive jurisdiction for any claim or dispute against SMA Distributing, Inc. or its Linked Sites arising out of your use of this Website or purchase of its products shall be governed by Michigan law without regard to its conflict of law principles, and that any such claim or action shall only be filed in the state or federal courts sitting in Oakland County, Michigan and you agree and expressly consent to the exercise of exclusive personal jurisdiction in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
8. You understand that SMA Distributing Inc., makes no claim to any of the linked free samples or the trademarks related to them.
Last Modified 8/3/2010 9:23 PM EST
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