Last Updated: April 2016
Before using this site, Please carefully go through the terms and conditions.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
- Acceptance of Agreement: The terms and conditions featured in this Terms and Conditions of use Agreement (Agreement) related to our site (the site) are agreed by you. This Agreement represents the complete and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings related to the Site, free product samples, the content, or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. We can amend the Agreement any time and at any frequency without informing or specific notice to you. The latest Agreement will be posted on the site that can be reviewed by you prior to using the site. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright: The organization, content, design, graphics, and other materials related to this Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. Without our prior written permission, the copying, reproduction, use, modification or publication of full or part of any such matters or any part of the Site by you is strictly prohibited.
- Deleting and Modification: We reserve the right in our sole discretion, to edit or delete any documents, information or other content appearing on the Site, including this Agreement without any notice requirement or obligation to you.
- Indemnification: You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Disclaimer: The Content, Services, Free Product Samples And Freebie Offers From Or Listed Through The Site Are Provided “As-Is,” “As Available,” And All Warranties, Express Or Implied, Are Disclaimed, Including But Not Limited To The Disclaimer Of Any Implied Warranties Of Title, Non-Infringement, Merchantability, Quality And Fitness For A Particular Purpose, With Respect To This Site And Any Website With Which It Is Linked. The Information And Services May Contain Bugs, Errors, Problems Or Other Limitations. We Have No Liability Whatsoever For Your Use Of Any Information Or Service. In Particular, But Not As A Limitation, We Are Not Liable For Any Indirect, Incidental Or Consequential Damages (Including Damages For Loss Of Business, Loss Of Profits, Loss Of Money, Litigation, Or The Like), Whether Based On Breach Of Contract, Breach Of Warranty, Negligence, Product Liability Or Otherwise, Even If Advised Of The Possibility Of Such Damages. The Negation Of Damages Set Forth Above Are Fundamental Elements Of The Basis Of The Bargain Between Us And You The User. This Site And The Information Would Not Be Provided Without Such Limitations. No Advice Or Information, Whether Oral Or Written, Obtained By You From Us Through The Site Shall Create Any Warranty, Representation Or Guarantee Not Expressly Stated In This Agreement. The Information And All Other Materials On The Site Are Provided For General Information Purposes Only And Do Not Constitute Professional Advice. It Is Your Responsibility To Evaluate The Accuracy And Completeness Of All Information Available On This Site Or Any Website With Which It Is Linked.
- Limits: We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document.. We disclaim any form of the liability to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
- Third-Party Website: All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. For the content, accuracy or opinions expressed in such Websites, we are not responsible, and we have also not investigated, monitored or checked for accuracy or completeness of such websites. Any linked Website inclusion on our Site does not imply endorsement or approval of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. You are acting at your own risk if you decide to leave our Site and access these third-party linked sites.
- Third-Party Products and Services: Our site advertises third-party linked websites from which you may purchase or otherwise obtain certain freebie offerings, sample goods, or free trial services. It must be fully understood that we do not operate or control the free offerings, products, or services offered by third-party linked websites. The responsibility solely lies with the third-party linked websites for all aspects of order processing, billing fulfillment, and customer services. For any transactions entered into between you and third-party linked websites we are not a party to it. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites.
- Submissions: All ideas, notes, suggestions, concepts and other information send by you to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
General: You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in the circuit court of Los Angeles, CA or the United States District Court for California. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Los Angeles, CA is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Toms Heinrich, Inc. in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.