EXACTLY

Terms of Use

 

 

EXACT MEDIA NETWORK INC. (“EXACT MEDIA” or “WE” or “US”) OWNS AND OPERATES THIS WEBSITE LOCATED AT HTTP://GETEXACTLY.CO  (THE “WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THIS WEBSITE AND OF THE SERVICES MADE ANOTHER AVAILABLE THROUGH THE WEBSITE (THE “SERVICES”).  PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY EXACT MEDIA FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

 

  1. The Services. Exact Media provides access to information and third party product samples provided by select brand partners and third party product manufacturers (“Samples”) via the Website.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Exact Media of that third party, third party product or service.   In order to use certain features of the Services, you must register to become a member, and provide certain information about yourself to us. The Services are currently only available to individuals 18 years of age or older who are residents of the United States You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at support@getexactly.co.   Any personal information provided by you to Exact Media will be stored and used in accordance with the terms of the Exactly Privacy Policy.  By registering and using the Services, you represent that you are 18 years of age or older.

 

  1. Use of the Website. You agree that (i) you will use the Service solely for your own, non-commercial, personal use in accordance with these Terms of Use: (ii) all information supplied by you to us will be true, accurate, current and complete, and (iii) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you (as more fully described below). We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.  If you are dissatisfied with the Services, your sole remedy is to terminate and discontinue use of the Services

 

  1. 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.

 

  1. 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.

 

 

  1. 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. 

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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.

 

  1. 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.

 

  1. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD EXACT MEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

 

  1. 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.

 

  1. Termination. Exact Media reserves the right to, for any reason and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with Exact Media (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by Exact Media in its sole discretion and that Exact Media shall not be liable to You or any third-party for any termination of Your access to this website or for the removal of any of the materials uploaded by You to the website.  Any termination of these terms of use by EXACT MEDIA shall be in addition to any and all other rights and remedies that Exact Media may have.

 

  1. Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of Exact Media to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Exact Media must be in writing and shall Exact Media of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

 

  1. 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.

 

  1. Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Exact Media’s prior written consent. Exact Media may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.

 

  1. Entire Agreement. These Terms of Use, together with the Exactly Privacy Policy and any other terms provided by Exact Media that may be published on the Website, constitutes the entire agreement between the parties relating to the website and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Exact Media.

 

  1. Contact. For questions or feedback to Exact Media about the Services, Website or more generally, please contact us at: support@getexactly.co.

 

Last Updated: July 20, 2016