Revised April 11, 2019
This following Agreement Terms and Conditions governs the access to your access and usage of the services (the "Online Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using the Online Services and the Materials. By accessing or using the Online Services and Materials, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Online Services and Materials. If you don't have the legal authority to bind, please press the "I do not accept" button below. If you utilize the Online Services in a manner inconsistent with these Terms and Conditions, SampleHawk (the “Company”) may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Online Services and Materials shall be deemed your conclusive acceptance of the modified Agreement.
1. AUTHORIZED COMMUNICATIONS; INFORMATION YOU PROVIDE TO THE COMPANY
1.1 By utilizing the Online Services or Materials, you acknowledge you have agreed to receive electronic mail, telephone calls, postal mail, and other communications from the Company, its agents, affiliates, independent contractors, successors, and assigns. You agree the Company may contact you with regard to these Terms and Conditions, the Online Services and Materials, opportunities in which you may be interested, and other related purposes.
2. MANDATORY ARBITRATION
2.1 These Terms contain a Mandatory Arbitration Provision below that requires you to arbitrate individually any disputes or claims you may have with us and our affiliates, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third party beneficiaries of the Mandatory Arbitration Provision. For example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims you may have regarding any telemarketing or SMS/text messages you receive are subject to the Mandatory Arbitration Provision. The Mandatory Arbitration Provision also 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 SampleHawk.
3. LICENSE; RESTRICTIONS ON USE
3.1 Except for distributions in compliance with these Terms and Conditions, you may not distribute any Materials, Online Services, or software associated with or derived from it, modify, copy, license, or create derivative works from the same, unless you obtain the Company's express written permission in advance.
3.2 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to you.
This license includes:
(a) The right to display Materials to no more than one person at a time.
(b) The right to obtain a printout of any online Materials via printing commands of the Online Services and to create a single printout of the online Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts");
3.3 Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials. You may not print or download any online Materials without using the printing or downloading commands of the Online Services.
3.4 All rights, titles, and interests (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Covered Party. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
3.5 Except as specifically provided herein, you may not use the Online Services or Materials in any fashion that infringes the copyrights or proprietary interests therein.
3.6 You may not remove or obscure the copyright notice or other notices contained in Materials.
4. ACCESS TO SERVICES
4.1 Only subscribers of the Materials may access and use the Online Services.
4.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
4.3 You may be restricted from accessing certain Materials otherwise available in the Online Services.
4.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services may be otherwise changed without notice.
4. COMPANY REPRESENTATIONS; LIMITED WARRANTY
5.1 The Company represents and warrants it has the right and authority to make the Online Services and Materials available pursuant to these Terms and Conditions.
5.2 The Company represents and warrants it shall take all necessary steps to comply with the CAN SPAM Act of 2003 (as the same is amended from time to time) and any and all other applicable laws with respect to advertising and marketing.
45.3 The Company and its affiliates, officers, directors, employees, subcontractors, agents, successors, or assigns, make no representations or warranty, express or implied, as to the accuracy, earnings claims, content, and advertising materials on its web sites or in the Materials. In the event that any advertisement is inaccurate, your sole remedy is for the Company to remedy such inaccuracy within fifteen (15) working days of it being notified of the inaccuracy. You understand and agree that the online content and advertising copy therein solely represents hypothetical examples and does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims for the user.
5.4 The content, claims, and representations of independent third-party testimonials from users of the Online Services and Materials is not subject to Company's prior approval and no representation or warranty is given by the Company to the accuracy of such testimonials. The Company does not undertake to review the contents of any testimonials and any such review of, and approval by, the Company shall not be deemed to constitute an acceptance by the Company that such testimonial is provided in accordance with the Terms of the Agreement, nor shall it constitute a waiver of the its rights hereunder. You understand and agree that the online content, claims, and representations of such third party testimonials does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims by the Company for the user.
5.5 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
6. CUSTOMER'S REPRESENTATIONS AND WARRANTIES
6.1 Any buyer, customer, end user, consumer or any other party that utilizes the Online Services or Materials in any way (the "Customer") represents and warrants that the Customer will not utilize the Online Services or Materials in such a fashion that will violate any law, statute, ordinance, or regulation, including, without limitation, false or deceptive advertising laws or the CAN SPAM Act of 2003 (as the same is amended from time to time).
6.2 The Customer represents and warrants that the Customer will not utilize the Online Services or Materials to infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights.
6.3 The Customer represents and warrants that the Customer will not utilize the Online Services or Materials to display any material that may be considered defamatory, libelous, pornographic, obscene, or contain any viruses, Trojan horses, worms, or other harmful programs.
6.4 The Customer represents and warrants that the Customer is authorized to use the credit card, debit card, or any other payment means which the Customer is using to pay for and acquire the Online Services or Materials.
7. LIMITATION OF LIABILITY
7.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
7.2 "Covered Party" means SampleHawk.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of SampleHawk.com or its affiliates.
7.3 "The Company" means SampleHawk.com.
7.4 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.5 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8.1 The Company reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, so you will be apprised of any changes. Your continued use of the Online Services or Materials after any such change shall constitute your express consent to be bound by such changes.
8.2 Charges and Payment Terms may be changed in accordance with the applicable price schedule; all other provisions may be changed by the Company immediately. Your access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.
8.3 The Company may terminate your access to the Online Services. The effective date of termination shall be ten (10) days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The Company may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
8.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the Company. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the Company should be sent to: SampleHawk 10685-B Hazelhurst Dr #7902, Houston TX 77043.
8.5 The failure of the Company or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
8.6 If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
8.7 You may not assign your rights or delegate your duties under your access to the Online Services without the prior written consent of the Company.
8.8 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois and Cook County.