- Sample Products & Surveys.
If you become a member, you may, from time to time, be able to receive, at no charge, Samples that are provided by our third party brand partners solely for your personal, non-commercial use and evaluation purposes. You agree not to use Samples for any other purposes, or to share, distribute or resell Samples with any third parties. Exact Media cannot guarantee the availability of any Samples nor is Exact Media responsible for the quality or other characteristics of Samples. It is your responsibility to ensure that you do not order or use any Samples that may cause any harm to you or any other person, including any adverse reaction, illness, injury or death as a result of any allergy or condition that you may have. Images or descriptions available on or through the Services of Samples may not accurately capture the actual appearance look, feel or characteristics of such Samples. You agree to read all Samples’ descriptions and instructions and ingredients, if any, prior to using the relevant Sample.
You acknowledge and understand that (i) you are not guaranteed to receive anything in return for using the Services, including but not limited to complimentary products, samples and/or any other promotions or giveaways, (ii) complimentary products, samples, promotions and giveaways may be offered to select members that meet specific requirements including but not limited to those set by brand partners, which we may or may not disclose to you at our complete discretion, and which you may not meet based on the information that you have provided, and (iii) these requirements may change at our (or our brand partners’) discretion at any time. Nothing on the Services constitutes a binding offer to sell, distribute or give away merchandise, products and/or services, including without limit Product Samples. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses. We reserve the right at any time to limit the quantities of Samples offered or shipped by us to any person, family, or sample test group.
ALL SAMPLES ARE PROVIDED “AS IS”. EXACT MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY SAMPLES FEATURED, MENTIONED, DESCRIBED, DISTRIBUTED, GIVEN AWAY, OFFERED, OR OTHERWISE AVAILABLE ON OR IN CONNECTION WITH THE SERVICES. THIRD PARTY PROVIDERS OF SAMPLES MAY REQUIRE THAT YOU AGREE TO ADDITIONAL TERMS, CONDITIONS AND/OR AGREEMENTS IN ORDER TO MAKE USE OF SUCH SAMPLES.
YOU AGREE THAT EXACT MEDIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND THIRD PARTY SUPPLIERS ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO PRODUCTS, AND/OR SERVICES (INCLUDING PRODUCT SAMPLES) FEATURED, MENTIONED, DESCRIBED, DISTRIBUTED, GIVEN AWAY, OFFERED OR OTHERWISE AVAILABLE ON OR THROUGH THE SERVICES AND YOU AGREE TO RELEASE US FROM ANY SUCH CLAIMS.
- Surveys & Feedback. For each Sample received by you, you agree to use reasonable efforts to honestly complete within thirty (30) days the short product feedback survey that we may send to your e-mail address or make available to you on the Website. You acknowledge that failure to provide requested feedback may cause your membership to be suspended or terminated or otherwise limit your ability to receive additional Samples.
If You provide Exact Media with any suggestions, comments or other feedback ("Feedback") relating to the Website, Samples or Services, Exact Media may use such Feedback freely and may share the same with Brand Partners. Accordingly, You agree that: (a) Exact Media is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Exact Media, and (c) You are not entitled to receive any compensation or re-imbursement of any kind from Exact Media or its Brand Partners.
- Intellectual Property. All information, data, text, graphics, video, messages or other material on the Website are the property of Exact Media or its licensors. However, under no circumstances will Exact Media be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available on the website. Exact Media may alter, suspend, or discontinue this Website and the Services at any time and for any reason or no reason, without notice. The website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Exact Media may periodically add or update the information and materials on this website without notice.
- Availability of the Services. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. Exact Media may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any related products, features, programs or Content) to you or to users generally at our sole discretion, without liability or prior notice to you. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content which is contained in your account. Any new features of the Website or Services will be subject to this Agreement.
- Conduct. You shall not (a) copy or distribute any part of this Website (including all of the contents of the website), (b) alter or modify any part of the website, (c) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (d) impersonate any person or entity or misrepresent their affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or impersonate another person or organization; (f) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (h) resell the content of the Website, the use of the website or access to the website or the content of the Website.
- Advertising. You acknowledge and agree that the Website may be provided with advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Exact Media shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, EXACT MEDIA DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXACT MEDIA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. EXACT MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND EXACT MEDIA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL EXACT MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR (VI) SERVICES OR ANY SAMPLE OBTAINED THROUGH THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF EXACT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SAMPLE PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS. ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A SAMPLE. EXACT MEDIA MAKES NO WARRANTIES REGARDING ANY PRODUCT SAMPLES. YOU EXPRESSLY RELEASE AND HOLD EXACT MEDIA HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY SAMPLES OBTAINED VIA THE WEBSITE. YOUR SOLE RECOURSE SHALL BE AGAINST THE PRODUCT MANUFACTURERS.
- Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Exact Media. Exact Media is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non- Exact Media websites does not imply that Exact Media endorses or accepts any responsibility for the content or use of such websites, and You hereby release Exact Media from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. For transparency, we may receive a commission, fee, and/or other compensation on some purchases you make from third party sites or services that are linked from the Services.
- Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of Exact Media and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. “Exactly” is a trademark of Exact Media Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any materials displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Exact Media. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
This website is Copyright © 2016 Exact Media Network Inc. All rights reserved.
- Contact. For questions or feedback to Exact Media about the Services, Website or more generally, please contact us at: firstname.lastname@example.org.
Last Updated: July 20, 2016