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Terms & Conditions PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS & CONDITIONS UNLESS YOU OFFER DIFFERENT TERMS THAT ARE ACCEPTED IN WRITING BY WEB CLIENTS, LLC. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE. By registering on this website, you are certifying that you understand and agree to these Terms & Conditions as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here. Web Clients, LLC reserves the right, in its sole discretion, to revise these Terms & Conditions at any time, for any reason, without notice. Please check these Terms & Conditions periodically for changes. Your use of this website following any such modification constitutes your agreement to follow and be bound by the Terms & Conditions as modified. The last date these Terms & Conditions were revised is set forth below. IF YOU BREACH ANY OF THESE TERMS & CONDITIONS, YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AND YOUR ACCOUNT WILL BE DISQUALIFIED. I. ELIGIBILITY AND REGISTRATION This website provides you with the opportunity to qualify for collections of free samples and other valuable goods or services (we refer to these as "Samples"). We offer Samples at no charge when you provide us with certain information that enables us to identify products and services that may interest you. We then share this information with our marketing partners who may contact you with information on their products and services. Our marketing partners compensate us for connecting them with you. To qualify for Samples, you need to enter a valid email address as well as your name, address, and date of birth. You must provide valid and truthful registration information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that any information you provided is untrue, inaccurate, not current, or incomplete, you may be disqualified from participating on this website and all other websites owned or operated by Company. Each household is limited to the use of one email address, and each household must use the same email address throughout all websites owned or operated by Web Clients, LLC. After providing your registration information, you will be asked a series of optional survey questions and presented with optional offers. For each of the offers you select, you will need 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 can purchase the advertised item or qualify for the Samples without giving your consent to be called or texted. Then, you will be presented with one Sample or more than one Sample from your favorite brand(s). Once you qualify for a Sample and click on the link to the Sample you choose, you will be directed to a website operated by the provider of that Sample who will provide you with the Sample. The Samples offered may change from time to time, so you may register more than once. Except where prohibited by law, participation in this website constitutes your consent to Web Clients, LLC use of your name, likeness, voice, opinions, hometown and state for promotional purposes in any media, worldwide, without further approval, payment or consideration. II. OFFERS A. Optional Offers/Survey Pages (1.) Completion of the optional offers and survey pages is not required to qualify for the Samples. (2.) We may preselect certain offers for you to view. If you are not interested in signing-up for an offer, click Next or Skip. (3.) When you select yes next to an optional offer, we will transfer some or all of the information you submitted during the website registration process to the applicable advertiser without providing you with another opportunity to review the information. (4.) When you select yes or no next to a survey question, we will transfer some or all of the information you submitted during the website registration process to advertisers that we believe may be of interest to you without providing you with another opportunity to review the information. (5.) You must make sure that your browser settings are set to accept all cookies, and that you click on our exact offer link to get to the offer provider's website. B. Terms of Offers (1.) Web Clients, LLC is not responsible for its advertisers offers or the transactions you enter into with the advertisers or partners on this website. Web Clients, LLC cannot fulfill an advertiser offer, cancel an advertiser offer on your behalf, refund any charges you have incurred or service an account you created with an advertiser. You should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer before you sign-up. (2.) You complete offers through our website publisher partners at your own risk. Web Clients, LLC is not responsible for content, services or products associated with our website publisher partners. If there is a complaint about services or products received from a publisher, you should contact the offer provider in question. III. SITE LINKS AND THIRD-PARTY SITES The website contains links to other websites which are independent of this website. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any linked website. We do not endorse any 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. Information and services provided on third party websites and the content, information, documents, graphics, and images displayed on the websites are provided by 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 in those websites. IV. CUSTOMER SERVICE Due to the volume of customer service inquiries, Web Clients, LLC does not offer telephone support. All questions, comments and concerns should be submitted through the Contact Us link on the website. V. OTHER A. Intellectual Property. This website, and all information and/or content that can be seen, heard or otherwise experienced on the website, including, without limitation, all reports, text, video, graphics, audio, and other materials (collectively, the Content) are protected by U.S. and international copyright, trademark and other laws, and belong to Web Clients, LLC or to third parties. You may use the website and the Content solely for your personal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Web Clients, LLC reserves complete title and full intellectual property rights in any Content you download from this website. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer or create derivative works from any Content or information obtained from the website, except as expressly permitted by these Terms & Conditions. You may not mirror or frame the home page or any other pages of the website on any other website or web page and may not connect links, including deep links to the website. You may not use a robot, scraper or other automated means of accessing the website. You are prohibited from using any of the marks or logos appearing throughout the website without express written consent from the trademark owner, except as permitted by applicable law. B. Intellectual Property Infringement Claims. It is the policy of Web Clients, LLC to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Notices of claimed infringement should be directed to: Registered Copyright Agent Web Clients, LLC free2try.com Web Clients, LLC, PO Box 1052, Camp Hill PA, 17001-1052 Contact Us: Click Here C. DISCLAIMER OF WARRANTIES. 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 WEBSITE, THE SAMPLES OR OTHER GOODS OR SERVICES PROVIDED. THE WEBSITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE' BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICES PROVIDED BY WEB CLIENTS, LLC AND THE CONTENT. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. WEB CLIENTS, LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.WEB CLIENTS, LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. YOU ALSO UNDERSTAND AND AGREE THAT THE WEBSITE 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 TO 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. D. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WEB CLIENTS, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WEB CLIENTS, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF WEB CLIENTS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE TERMS & CONDITIONS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. E. Indemnification. You understand and agree that you are personally responsible for your behavior on the website. You agree to indemnify, defend and hold harmless Web Clients, LLC, its parent, subsidiaries, affiliates, licensors, officers, directors, employees, and agents from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, indirect, incidental, consequential, and/or exemplary damages), and attorneys fees, resulting from or arising out of your use, misuse or inability to use the website or the Content, or any violation by you of these Terms & Conditions. F. User Conduct. You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to Web Clients, LLC, the website, its users, or the Content. You agree not to add to, subtract from or otherwise modify the Content. You agree not to use the website in any manner that might interfere with the rights of Web Clients, LLC or any third party. G. Enforcement/Choice of Law/Jurisdiction and Venue. Every provision of these Terms & Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms & Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms & Conditions and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms & Conditions, the website, your use thereof, or the Content (collectively, Disputes) are governed by, and will be interpreted in accordance with, the laws of the State of Pennsylvania, without regard to conflict of law provisions. Any Dispute will be adjudicated in a state or federal court situated in Harrisburg, Pennsylvania, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. H. Binding Arbitration/Class Action Waiver. You and Web Clients, LLC each agree that any and all disputes or claims that have arisen or may arise between you and Web Clients, LLC shall be resolved on an individual basis and resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. (1.) Notice of Dispute. In the event of a dispute, you or Web Clients, LLC must give the other a Notice of Dispute, which shall be a written statement that sets forth the name, address and contact information of the party giving such Notice, the facts relied upon for raising the dispute, and the relief requested. If you are sending a Notice of Dispute to Web Clients, LLC, you must send such Notice to Attn: Legal Department, Web Clients, LLC, PO Box 1052, Camp Hill PA, 17001-1052. Any Notice sent by Web Clients, LLC will be sent to you by U.S. mail to your address or email address, depending on the contact information we have for you. You and Web Clients, LLC will attempt to resolve any dispute through information negotiation within 60 days from the date the Notice of Dispute was sent. After 60 days, you or Web Clients, LLC may commence arbitration in the manner described below. (2.) You may also litigate in small claims court in your county of residence or Dauphin County, Pennsylvania, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first. (3.) Class Action Waiver. YOU AND WEB CLIENTS, LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NEITHER YOU NOR WEB CLIENTS, LLC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. (4.) Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (opt-out) by mailing us a written opt-out notice (Opt-Out Notice). For new Web Clients, LLC users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. If you are already a current Web Clients, LLC user and previously accepted the terms & Conditions prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than 30 days after the effective date of these Terms & Conditions, which is the date indicated at the end of these Terms & Conditions. You must mail the Opt-Out Notice to Attn: Legal Department, Web Clients, LLC, PO Box 1052, Camp Hill PA, 17001-1052. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the Web Clients, LLC account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms & Conditions, including all other provisions of Article VIII will continue to apply and the most recent Sections VIII(G) and VIII(H) before the change you rejected will apply. Consequently, any dispute will be adjudicated in a state or federal court, as applicable, situated in Harrisburg, Pennsylvania and you hereby irrevocably submit to personal jurisdiction of such courts for that purpose. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. (5.) Binding Arbitration and Arbitration Procedures. If you and Web Clients, LLC do not resolve any dispute by informal negotiation or in small claims court, any effort to resolve the dispute will be conducted exclusively by binding arbitration. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAAs Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAAs rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAAs website at http://www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or Web Clients, LLC., unless the arbitrator requires otherwise. The arbitrators award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (6.) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAAs rules, unless otherwise stated in this Agreement to Arbitrate. (7.) Severability. With the exception of any of the terms in subsection VIII(H)(3.) of this Agreement to Arbitrate (Section (H)), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate (Section VIII(H)) shall still apply. If a court decides that any of the provisions in subsection VIII(H)(3.) of this Agreement to Arbitrate (Section VIII(H)) are invalid or unenforceable, then the entirety of this Agreement to Arbitrate (Section VIII(H)) shall be null and void. In that event, the remainder of the Terms & Conditions, including all other provisions of Article VIII will continue to apply and, any dispute will be adjudicated in a state or federal court, as applicable, situated in Harrisburg, Pennsylvania. You hereby irrevocably submit to personal jurisdiction of such courts for that purpose. I. Entire Agreement/No Waiver. These Terms & Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Web Clients, LLC of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. J. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Web Clients, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Web Clients, LLC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. K. Language. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. L. Questions or Additional Information. If you have questions about Web Clients, LLC, the website or these Terms & Conditions, please Contact Us. Active Date: January 29, 2015 |
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