Terms of Use

1. OUR WEBSITE

Our Website is dedicated to sharing the promotions and offers of Our advertisers with members of Our community. We advise users of new promotions and offers, and then We provide the tools by which users can accept an offer or promotion from an advertiser, or share information about such promotion or offer. Any products or services advertised on this Website or made available to you by any of Our partners after you leave the Website are by and remain the sole responsibility of the respective product vendors and service providers.

Privacy
Our Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Website in accordance with the Privacy Policy. The Privacy Policy sets out your rights and our responsibilities with regard to your personal information. Company will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Company, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.

2. SIGN-UP

Registration is not required to use Our Website, but you will only be able to receive the featured samples or freebies if you specifically sign up to receive them. If you elect to sign up, you will be asked to provide certain information , including without limitation, your name, email address, address, phone number, and date of birth. In an effort to provide you with the most relevant samples or freebies available, you may also be asked to provide other information including but not limited to your relationship status, whether or not you ever use coupons, health matters, and your employment status.

3. INTELLECTUAL PROPERTY

We and Our licensors own certain intellectual property rights in the Website, including but not limited to Our trademarks, code, databases, design features, and “Content” (such as text, images, artwork, audio, and video files). You may not reproduce, display, copy, distribute or otherwise use for any commercial purposes any portion of this Website without Our or the respective licensors’ permission, as appropriate. If for any reason at any time you seek the ability to reuse any copyrightable material or trademarks, please contact Us in order to enter into a license, which will authorize your intended use of the materials.

4. ADVERTISERS

Our Website contains links to the websites of third party advertisers, which websites are not owned or maintained by Us and over which We have no control. If you click on a link to view a third party offer, our Privacy Policy and Terms will no longer be applicable. We do not intend that links to third party offers be referrals to or endorsements of the linked entities and their offers, or of any product or service that such linked party offers. Company is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.

Your dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for exercising common sense and reasonable caution in any dealing with any third party advertiser. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of your interactions with such third parties. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.

5. COPYRIGHT INFRINGEMENT

This Website respects third party intellectual property rights. Please notify Our designated agent for copyright infringement immediately if you ever suspect that your copyright in any Content has been infringed. All notifications should include the following information:

• Identification of the copyright owner
• Description of the infringed right
• Location of infringing content
• Your contact information, including address, telephone number, and email address; and
• Confirmation of your identity, made under penalty of perjury

DMCA Policy

We are in compliance with 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (DMCA). It is Our policy to respond to any infringement notices and take appropriate actions under the DMCA and other applicable intellectual property laws. The following elements must be included in your copyright infringement claim:

• Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Provide sufficient contact information so that we may contact you. You must also include a valid email address.
• You must identify in sufficient detail the copyrighted work claimed to have been infringed, including specific description and location of where the material is located on our website.
• You must provide a detailed description of the specific location of where the original copyrighted material is.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.

6. MAINTENANCE OF WEBSITE

We employ commercially reasonable practices to maintain Our Website and keep it operational. If We identify malware, bugs, errors, or other technical problems, We will promptly assign technicians to address and resolve the issue. If you find an issue with Our Website at any time, please promptly notify Us of the problem. We cannot guarantee continuous access to Our Website, nor can We assume any liability for any delay, interruption or downtime.

7. USER RESPONSIBILITIES

You represent and warrant: (i) You are the person you claim to be in your interactions with the Website and the Service; (ii) You will use the Website and Service in full compliance with all applicable laws and regulations and will not use them to defraud, harm, or impersonate another person; (iii) You will not use this Website or the contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of us or any third party; and (iv) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

Prohibited Conduct
Our Website should only be used by users who are acting appropriately. The following activities are all considered to be “prohibited conduct”:

• Posting or submitting any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
• Using the Website for illegal purposes;
• Sharing information or initiating communications with information you are under an obligation not to disclose
• Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering all or part of the Website
• Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website or platform’s infrastructure, servers, data, or network
• Using or attempting to use any engine, software tool, agent, or other device or mechanism to navigate or search the Website other than generally available third party browsers
• Posting or submitting any content that contains software viruses or any computer code designed to interrupt, destroy, or limit functionality of the Website
• Using any means of automatically searching or mining data from the Website; or
• Stalking, harassing, or threatening any user of the Website.

8. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES

You agree that We will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages arising out of or in connection with your reliance on this Website and any Content posted herein, your use of any coupon or discount offers referenced on Our Website, or your interaction with any third parties as a result of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if We have been advised of the possibility of such damages). Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

9. WARRANTY DISCLAIMER

You agree and acknowledge that your access to and use of the Website is provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis, without warranties of any kind either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, or freedom from computer viruses. You solely assume all risks for the use of this Website and your reliance on any Content posted herein. Company Parties expressly disclaim any liability for the accuracy, reliability, completeness, or validity of any information, freebies, coupons, deals, samples, sweepstakes, and/or discount offer posted to this website or for the quality of any product or service that you purchase as a result of a coupon, deal, or discount offer made available through this Website. In addition, Company Parties disclaim any liability for the continued availability of and/or your receipt of any freebies, coupons, deals, samples, or discount offers featured on Our Website, as well as any liability for any failure by an advertiser to honor for any reason any freebie, coupon, deal, sample, or discount offer listed on our Website.

COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, FEATURES, PRODUCTS, OR SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU SOLELY ASSUME ALL RISKS FOR THE USE OF THIS WEBSITE AND YOUR RELIANCE ON ANY CONTENT POSTED HEREIN. COMPANY PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR INTERACTING OR DOING BUSINESS WITH ANY ADVERTISER WHICH HAS ANY INFORMATION, FREEBIE, COUPON, DEAL, SAMPLE, SWEEPSTAKES, OR DISCOUNT OFFER POSTED TO THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PRE-SCREEN THIRD PARTIES WHO USE OUR WEBSITE, AND YOU ASSUME ALL RISKS FOR CONDUCTING ADEQUATE DUE DILIGENCE ON SUCH THIRD PARTY BEFORE DOING BUSINESS OR FURTHER INTERACTING WITH SUCH PARTY.

YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY OF ANY ITEM OR AN OFFER ADVERTISED ON OUR WEBSITE, OR ANY GUARANTEES THAT YOU WILL BE SATISFIED WITH ANY PURCHASE.

TO THE EXTENT PERMITTED BY LAW, WE AND THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY PARTIES FURTHER DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND TO YOUR COMPUTER, YOUR INTERNET ACCESS, OR YOUR DATA AS A RESULT OF YOUR USE OF THIS WEBSITE OR INTERACTION WITH THIRD PARTIES INTRODUCED THROUGH THIS WEBSITE. WE FURTHER DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND TO YOUR COMPUTER, YOUR INTERNET ACCESS, OR YOUR DATA AS A RESULT OF YOUR USE OF THIS WEBSITE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE OR SERVICE WILL OPERATE BUG-FREE, UNINTERRUPTED, SECURELY, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.

FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY, ITS WEBSITE, OR ITS PRODUCTS AND SERVICES. COMPANY PARTIES DISCLAIM ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS MADE IN ANY ADVERTISEMENT, COUPON, OR OFFER, OR FROM ANY ADVERSE CONSEQUENCES WHICH ARISE FROM YOUR MAKING A PURCHASE OR INTERACTING WITH ANY THIRD PARTY WITH WHOM YOU ARE INTRODUCED THROUGH THIS WEBSITE.

10. INDEMNIFICATION

By using the Website, You agree to indemnify, defend, and hold harmless WowSamples, its Marketing Partners, licensors, subsidiaries, affiliates, officers, directors, employees, independent contractors, representatives, agents, and other users from and against any loss, third party claim, liability, demand, expense, or settlement including without limitation reasonable attorneys’ fees and arbitration costs, made by any third party arising from or in any way related to, without limitation: (a) your use or attempted use of this Website or any third party websites, (b) your submission of Content, (c) your purchase of any item advertised on or made available through this Website or interaction with any third party that you meet through this Website, (d) your infringement or violation of any third party’s rights; or (e) your violation of any other term or condition set forth in these Terms.

No Resale of Service
WowSamples Service is non-transferable. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree to use the Service for personal, non-commercial purposes. By using the Service, you acknowledge and agree to comply with these usage restrictions.

11. RELEASE OF CLAIMS

To the maximum extent permitted by applicable law, you hereby release our officers, directors, employees, independent contractors, representatives, and agents and waive all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to (a) your use of this Website, (b) your purchase of any item advertised on this Website, (c) your reliance on any discount, offer, or couponing strategy referenced on this Website, or (d) your decision to interact or do business with any third party introduced to you through this Website.

12. ELIGIBILITY

The Services offered on this Website are not available to persons under the age of eighteen (18) years old to persons who are not legal residents of the United States. By using this Website, applying for, or using any of its Services, you represent and warrant that You are at least 18 years old (19 in some states) and a U.S. citizen or permanent resident. By using the Service, you represent that you meet these requirements.

Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by Company, its Subsidiaries, affiliates, and/or its lending partners. You agree to use the Website and Services solely for your personal, non-commercial use, and you acknowledge and agree to comply with all applicable usage restrictions.

13. E-SIGN CONSENT

By entering the information requested in the prompts and/or fields on the Website and clicking “Get My Samples,” “Submit,” (or a similarly worded button) and submitting your request to Us, you confirm that you intend to sign and adopt such as Your electronic signature; and consent and agree that We may provide you with electronic communications and disclosures via email at the email address you provided; and that your electronic signature on agreements and documents has the same effect as if you signed them in writing.

You have the right to withdraw consent at no charge by emailing Us at [email protected]. Withdrawal of your consent may result in termination of Your access to the Website. You are responsible for providing Us with true and accurate information, including Your contact information, and may update your information by emailing Us.

14. FEEDBACK AND SUGGESTIONS

Feedback and suggestions are encouraged on this Website. If you provide such feedback to us, you agree and acknowledge that We have the right to use the ideas or feedback you provide. You agree to grant to Us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your messages and feedback into Our intellectual property.

15. CONTACT CONSENT

By providing your telephone number or email address in any submission on the Website, you consent to receive communications from us and our marketing partners as specified in the consent language that is part of the submission(s). This includes, but is not limited to, promotional emails, text messages, and phone calls related to the offers and services available through our Website. You may withdraw your consent at any time by contacting us at [email protected] or by using the unsubscribe mechanism provided in any communication you receive.

16. CONSENT TO VOICE RECORDING AND MONITORING

By contacting WowSamples.com by phone, you consent to the Company’s right to record or monitor your communications in accordance with applicable laws, including 18 U.S.C. § 2511 et seq., California Penal Code § 630 et seq., and other relevant state statutes regulating call monitoring and recording. You grant the Company permission to record and use the information from these calls as outlined in the Privacy Policy. We are not required to monitor or record calls for purposes of accuracy, completeness, or quality, but may do so at our discretion.

17. GOVERNING LAW; DISPUTE RESOLUTION

You agree that the Terms of Use, including the validity and construction thereof, and the interpretation of the rights and duties arising under such, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of law principles.

You also agree that except as otherwise provided by applicable law, and except for any injunctive relief claims, any and all controversies and disputes arising in connection with your use of the Website, these Terms of Use, and the Privacy Policy shall be resolved by binding arbitration administered by a single, neutral arbitrator appointed by JAMS in accordance with its Comprehensive Arbitration Rules & Procedures, as then in effect. The place of arbitration shall be at the JAMS location in Pennsylvania. In addition to the laws of Pennsylvania, the United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW OR BY A JUDGE OR JURY. THE PARTIES ALSO HEREBY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED.

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to your use of the Website and/or these Terms of Use must be brought within one (1) year after such claim or cause of action arose or it shall be forever barred.

ARBITRATION PROCEDURES
All arbitration proceedings, including any filings, hearings, awards, and related communications, shall remain strictly confidential between the parties, except as required by law or as necessary to enforce or challenge an arbitration award in a court of competent jurisdiction. Neither party shall disclose the existence, content, or outcome of any arbitration without the prior written consent of the other party.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or We may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through Our Services.

Prohibition of Class and Representative Actions and Non-Individualized Relief
This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

YOU AND WE ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, PARTIES 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 ANY PURPORTED CLASS OR REPRESENTATIVE ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, OR ANY SUBSIDIARYIES, AFFILIATES, AGENTS, MARKETING PARTNERS, OR ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE, INCLUDING BUT NOT LIMITED TO ACTIONS UNDER THE TELEPHONE CONSUMER PROTECTION ACT 47 U.S.C. § 227 et seq.

Unless both you and Us (or relevant subsidiaries, affiliates, agents, or Marketing Partners if party is named within the aforementioned claim) agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect Our other users.

Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, We will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Us must be submitted by mail to the AAA within seven (7) days of your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $5,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Us for all fees associated with the arbitration paid by Us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

18. DISPUTES THAT MUST BE ARBITRATED

You and we each agree that any and all disputes or claims concerning or arising from any aspect or your use or attempted use of these Terms, the Website, any of our Services or access thereto, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries, affiliates, or agents, or Marketing Partners, you agree to submit your dispute for resolution exclusively by final and binding arbitration before the American Arbitration Association ('AAA') in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms are unenforceable. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

19. GENERAL

Entire Agreement. These Terms and Company’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represents and constitutes the entire agreement between you and Company with respect to subject matter herein, governs your use of the Service, and supersedes any and all prior or contemporaneous agreements, communications and proposals, whether electronic, oral, or written between you and Company with respect to the Website or Service. Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a Court of competent jurisdiction or arbitrator to be invalid or unenforcable, the Parties nevertheless agree that the Court or arbitrator should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Marketing Partners shall retain all rights as third-party beneficiaries under this Agreement.

No Right of Survivorship and Non-Transferability. You agree that Your WowSamples account is non-transferable and any rights to WowSamples account or contents within Your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred unless specifically barred by applicable law, in which case you agree to the shortest period allowed by applicable law.

Miscellaneous
We reserve the right to discontinue this Website at any time in Our sole discretion. You agree that We may assign these Terms without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of Our business. If it is determined that any section of these Terms is unenforceable or in conflict with the law of any jurisdiction, the validity and enforceability of the remaining sections shall not be affected. The Terms, as well as Our Privacy Policy, which is incorporated into these Terms by reference, constitute the entire agreement between the Parties with respect to the subject matter set forth herein. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, shall not limit or otherwise affect in any way the meaning or interpretation of these Terms, and have no legal or contractual effect.

20. MODIFICATIONS

We may, in Our sole discretion, modify, change, or replace Our Terms at any time, with or without notice, for any reason or no reason at all by posting revised Terms on this Website. Continued use of Our Website or Services constitutes acceptance of the updated Terms. You should check the Terms periodically to ensure that you are informed of any changes. If you do not agree to the updated Terms, in whole or in part, you must immediately stop using the Website and the Services.

21. CONTACT US

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please contact Us: