Effective Date: February 12, 2025
thesampleshub.com (referred to in this document as the “Website,” “Company,” “us,” “we,” or “our”) has outlined these Terms and Conditions which, along with our Privacy Policy and any applicable updates or amendments (collectively, the “Agreement”), form a legally binding arrangement between you (“you,” “your,” or “user”) and the Company, including its directors, officers, parent companies, subsidiaries, and agents. This Agreement governs your access to and use of the Website, as well as your use or attempted use of the Company’s products and services. Your continued use of or access to the Website signifies your agreement to be bound by this Agreement, which shall be enforceable as if you had signed it in writing.
By agreeing to these Terms, you confirm your acceptance of the arbitration clause and class action waiver described in Section 5 of these Terms.
1. Eligibility Criteria
2. Ownership of Intellectual Property
3. Affiliate Website Links
4. Disclaimer
5. Arbitration Agreement and Waiver of Class Actions
6. Contact Consent
7. Consent to Voice Recording and Monitoring
8. DMCA Policy & Notice
9. Limitation of Liability Provisions
10. Indemnification Clause
11. Changes to the Agreement
12. Additional Terms
13. Contact Information
The Website is available to individuals who are at least 18 years of age and legally capable of forming a binding agreement under applicable laws. Users aged 13 and older may access the Website if they have obtained consent from a parent or legal guardian who agrees to these Terms on their behalf. The Website is not suitable for children under the age of 18. By accessing or using the Website, you confirm that you are at least 18 years old.
The services and content of this Website are intended for residents of the contiguous United States, Alaska, and Hawaii.
All content accessible via the Website, including but not limited to text, graphics, logos, software, music, videos, sounds, photographs, and content supplied by sponsors, suppliers, or third-party advertisers, is safeguarded by copyright, trademark, patent laws, and other proprietary protections (“Intellectual Property Rights”). We grant you a non-exclusive, revocable, limited, non-transferable, and non-sublicensable license to view, copy, and print content from the Website for personal use or to place orders, provided you preserve all copyright notices or other proprietary markings on the content.
Nothing in this Agreement or on the Website shall be construed as granting any additional rights or licenses under the Company’s or third parties’ Intellectual Property Rights, whether explicitly or impliedly. All rights not expressly provided herein are reserved.
Unless expressly authorized in this Agreement, you agree not to: (i) upload, store, transmit, or distribute files that contain viruses, worms, trojans, logic bombs, or other harmful technologies; (ii) attempt to determine or gain access to the source code, algorithms, or systems of the Website; (iii) disrupt or attempt to disrupt the Website’s operations, interfere with networks connected to the Website, or bypass security protocols; (iv) remove or alter any copyright or proprietary notices from the Website’s content; (v) use automated scripts to collect data or connect with the Website in an unauthorized manner; (vi) modify, adapt, decompile, reverse engineer, or create derivative works of the Website; (vii) sell, distribute, license, or transfer the Website, either partially or entirely; or (viii) violate any law or the provisions of this Agreement.
The Website may contain links to third-party affiliate websites that offer products and services, and we may earn a commission, at no extra cost to you, if you click on the links and make a purchase from those affiliate websites. These links are provided to improve the overall user experience. Please note that we do not verify, inspect, or monitor the identity, security, or reliability of any third-party affiliate websites, nor do we guarantee the accuracy of the information available on them. You agree that we are not responsible for any damages, losses, or issues that arise from your use of such third-party websites, the content or offers presented on those websites, or any agreements made with third-party affiliates. We are not responsible for enforcing any agreements between you and a third-party affiliate and are not obligated to intervene in any disputes. You agree not to involve us in any legal proceedings, investigations, or arbitrations related to disagreements between you and any third-party affiliates.
Certain offers, including but not limited to free samples, discounts, giveaways, sweepstakes, and coupons (“Offers”), may be accessible through links found on this Website. To claim these Offers, you may be required to provide personal information, complete surveys, or agree to receive communications from third-party marketing partners. The Company does not control these Offers and cannot guarantee their availability, quality, or suitability for your needs. As these Offers are provided by third parties and merely displayed for your convenience, we assume no responsibility for any issues preventing you from accessing or redeeming them. Availability may be affected by third-party terms, eligibility requirements (such as geographic location or age restrictions), service denials, technical failures, or other unforeseen factors.
It is important to note that we do not assess, verify, endorse, or regulate these Offers in any way. Clicking on any related links will redirect you to an external third-party website, which may collect your personal and non-personal information. Your engagement with these third-party Offers is subject to their respective terms and policies. We recommend reviewing their privacy policies and terms of service before proceeding. By using such Offers, you acknowledge that we are not involved in any contractual relationships between you and the third party. You further agree that we are not responsible for fulfilling any obligations related to these Offers and will not be involved in any legal proceedings, disputes, or claims arising from your dealings with third parties.
The Company and its representatives are not accountable for any consequences resulting from actions taken based on the information, services, or content available on the Website. While efforts are made to provide accurate and up-to-date information, we do not guarantee its reliability and are not liable for any inaccuracies, omissions, or outdated details that may cause inconvenience or financial loss.
This Website is offered “as is” and “as available.” Unless explicitly stated in our Terms, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, suitability for a particular purpose, and non-infringement. Any assurances arising from commercial use, past transactions, or industry practices are also disclaimed to the maximum extent permitted by law.
The Company does not guarantee that:
(i) The Website will always be available, secure, uninterrupted, or error-free.
(ii) The Website will meet any particular needs or expectations.
(iii) Any errors or technical issues will be resolved.
(iv) The Website will be free from malware, viruses, or harmful elements.
(v) Any results obtained from using the Website will be reliable or accurate.
You acknowledge that any content or data downloaded from the Website is accessed at your own risk. We are not responsible for any damage to your devices, loss of data, or other consequences resulting from such actions. Furthermore, unless expressly stated, no information—whether verbal or written—obtained from the Company or this Website should be considered a warranty or guarantee.
You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website shall be 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 section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both parties agree otherwise, the arbitrator may not preside over any form of a consolidated, class, or representative proceeding or otherwise consolidate or join claims from more than one person or party. The arbitrator may grant injunctions or other relief, including monetary, and declaratory relief, only in favor of the individual party seeking such relief and only to such extent as may be necessary to provide relief necessitated by that party’s individual claim(s). No relief awarded shall affect our other users.
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 of your residence or at another location mutually agreed by both parties. If the value of the relief sought is less than or equal to $10,000, either party may elect to have the arbitration conducted by telephone or based solely on written submissions and such election shall be binding on both parties subject to the arbitrator’s discretion to necessitate an in-person hearing, if the circumstances warrant. Unless the arbitrator requires otherwise, either party may attend an in-person hearing by telephone.
The arbitrator shall determine the substance of all claims in accordance with the applicable laws of the State of Missouri, 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 award of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator may be confirmed or entered in any court having competent jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your account (if applicable) or your use of or access to the Website, or any products or services sold, offered, or purchased through the Website.
Unless otherwise stated in this Agreement to Arbitrate, all payments related to filing, administration and arbitrator fees (Arbitration Costs) will be governed by the AAA’s rules Where the value of the relief sought is less than or equal to $10,000 the Company may, at your request, pay all filing, administration, and arbitrator fees related to the arbitration. We will make arrangements to pay the Arbitration Costs to AAA only for those requests that are submitted, along with demand for arbitration, by mail to the AAA. Where the value of the relief sought is over $10,000 and you are successful in demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Arbitration Costs as may be deemed necessary by the arbitrator to prevent the arbitration from being cost-prohibitive. If the arbitrator determines your claim(s) in the arbitration to be frivolous, you agree that you will be liable to reimburse us for all the Arbitration Costs paid by us on your behalf, which you otherwise would be required to pay under the AAA’s rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and senior management and to family members of a party who is an individual.
Except for the “Prohibition of Class and Representative Actions and Non-Individualized Relief” provision of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall remain in full force and effect. Where an arbitrator or court decides that any of the provision(s) in Section 1 of this Agreement to Arbitrate (i.e. “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entire Agreement to Arbitrate shall be null and void. The validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby.
You agree that by providing your telephone number or email address in any submission on the Website that you consent to communications as specified in the consent language that is a part of the submission(s).
By contacting the Website 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., Cal. Penal Code § 630 et seq., and other relevant state statutes regulating call monitoring. 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 for purposes of accuracy, completeness, or quality.
If you are a copyright owner, an authorized representative, or have exclusive rights under copyright, you may report alleged copyright infringement occurring on our Website. To do so, please submit a DMCA Notice of Alleged Infringement to our Designated Agent with the required details outlined below. Upon receiving a valid notice, we will take appropriate action at our sole discretion, which may include removing the reported content from the Website.
Required Information for a DMCA Notice:
Any notice of claimed infringement, including all the above-mentioned details, should be sent to our Designated Agent at contact@thesampleshub.com
Please be informed that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
You expressly understand and agree that the Company, its agents, suppliers, parents, subsidiaries, representatives or affiliates shall, under no circumstances, be liable for any special, indirect, incidental, exemplary or consequential damages, including without limitation, any loss of use, profits, data, goodwill, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. This applies regardless of the manner in which damages occurred, and on any theory of liability, whether for breach of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the Website, (2) the use of, or the inability to use, items purchased from third-party websites linked on the Website; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the Website.
You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, parents, subsidiaries, affiliates, co-branders, and suppliers, , from and against any and all claims, demands, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys’ fees and litigation costs resulting from or in any way connected with (i) your use of the Website; (ii) any information transmitted or submitted through the Website; (iii) privacy, tort or other claims (e.g., claims made under the Telephone Consumer Protection Act (TCPA) or its equivalent state law ) relating to any personal information provided (e.g., telephone number) to the Company by you that is not owned by you, in contravention to the terms of this Agreement; and/or (iv) your breach of the terms of this Agreement.
The Company reserves the right to change these Terms at any time, in our sole discretion, by updating this posting on the Website. We do not provide prior notice of changes. By continuing to use the Website after any updates to the Terms, you accept the revised Terms. We recommend that you check the Terms regularly to stay aware of any changes.
The Company may, at its discretion, assign, transfer, or delegate its rights or obligations under these Terms and Conditions to any third party. Any representations, warranties, and indemnification obligations made by you will continue even after the termination or cancellation of your account or relationship with the Company. A delay by the Company in exercising any right or remedy will not constitute a waiver, nor will it prevent the Company from exercising that right or remedy in the future. Any waiver must be in writing and approved by the Company. These Terms and Conditions supersede all prior terms and representations made by the Company, whether in writing, orally, or otherwise.
If you have any questions or concerns related to this Agreement, please email us at contact@thesampleshub.com