Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 13 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by us at any
time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
- Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks, registered trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
- Fraud: By becoming a member, you confirm that the
information provided in this form is true and that you agree to abide by
the Terms and Conditions of use of this site. Membership is limited to
one account per person and one account per household. Please note that
your membership can be cancelled without notice if it is determined that
false or misleading information has been provided, the Terms and
Conditions of use have been violated, or other abuses have occurred as
determined by LuckySamples in its sole discretion. If membership has
been revoked, the company reserves the right to refuse application or
readmission to the membership program.
- Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site
grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other
use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site, including this Agreement, without
further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information
or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
agreement.
- limits. All responsibility or liability for any
damages caused by viruses contained within the electronic file
containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum
liability to you under all circumstances will be equal to the purchas
price you pay for any goods, services or information.
- Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
- Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase or
otherwise obtain certain goods or services. You understand that we do not
operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE
OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
on merchant sites or any other site linked to our site.
- third-party merchant policies. all rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations
or commitments on behalf of the other.
- Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
- Payments. You represent and warrant that if you are
purchasing something from us or from our Merchants that (i) any credit
card information you supply is true, correct and complete, (i) charges
incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including
any applicable taxes.
- Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans," "intends" and
similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts
and other information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and
shall not be subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and hereafter
existing rights of every kind and nature regarding the Submissions and
shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
- Return Policy. If a sample received by you proves to
be defective or not to your reasonable satisfaction, please contact us
within 90 days of the original order with the name of the sample and the
issue(s) relating to the sample and we will promptly send out a new
sample with our apologies.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR
PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR
USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH
USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS, OR
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS.
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE
WAIVING ANY CLAIM THAT CHICAGO, ILLINOIS OR THE NORTHERN DISTRICT OF
ILLINOIS IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF
VENUE. This site is created and controlled by LuckySamples in
the State of Illinois, USA. As such, the laws of Illinois will govern
the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of
conflicts of laws.
- Lapsed Accounts: In order to keep LuckySamples'
membership roster current, if a Member does not access his or her account
for a period of ninety days or more, LuckySamples may, in its sole
discretion, terminate such Member's account [and reduce Member's
LuckyPoints to zero]. LuckySamples will endeavor to notify a Member of
LuckySamples' intent to terminate such Member's account by notice to such
Member's provided email address at least fifteen days prior to
deactivation. If the Member fails to respond to such email notice with
fifteen days after the day it is sent by LuckySamples, such Member's
account will be terminated as noted above. Therefore, LuckySamples
strongly recommends that all Members keep their accounts and contact data
current and in use. While LuckySamples desires to prevent active
accounts from being terminated prematurely, LuckySamples has no
obligation to maintain accounts that appear to LuckySamples to have been
abandoned. Each Member agrees that failure to access his or her account
for ninety days or more conclusively indicates that such Member's account
has been abandoned and that the account may therefore be terminated.
- Verify Members' Address: LuckySamples reserves the
right to contact a Member via email to verify the accuracy of account
information (including the Member's correct name and address) that is
needed to provide the Member with the samples or other information he or
she requested from LuckySamples.
- Referral Program: As a member of LuckySamples you may
refer up to 10 people total to our site and earn LuckyPoints. Although
you may refer an unlimited number of people to our site, LuckySamples
has no obligation to reward points for any referrals above and beyond the
first 10.
- Recipes: The recipes contained within this website are provided in good faith from LuckySamples members. LuckySamples does not test these recipes nor verify the claims within them. Should you choose to take advantage of the ideas in the recipes you do so of your own volition and discretion. The information within the Recipes should be used responsibly and is not intended to replace professional advice. As LuckySamples provides this forum for its members, LuckySamples bears no responsibility for the information provided within this forum. LuckySamples shall have no liability to any person or entity with respect to any loss or damage caused by or alleged to be caused directly or indirectly by the suggestions, hints, tips or instructions contained within this site. By submitting a recipe to LuckySamples you are authorizing LuckySamples permission to post the recipe on our website, including the first name and state of the person submitting the recipe.
