Terms and Conditions of Use Agreement
Samson Weight Training Equipment, Inc. (“SAMSON”) provides and operates an online web site to promote and describe its weight training equipment products and related services (“Services”). This Terms and Conditions of Use Agreement (“Terms”) describes our policies and practices while you are using the www.samsonequipment.com website (“Site”). If you become a customer of SAMSON by making a purchase of products through the Site (“Products”), you will also agree to be bound by the Terms of Sale, which shall exclusively govern all sales of SAMSON products.
This Site is owned and operated by SAMSON. SAMSON has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Products, you understand and agree to all terms and conditions of these Terms, which may be revised from time to time. You may visit the Site to review any revised Terms. All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
- Intended Use
- This Site is intended for your benefit, to become familiar with the Products and services of SAMSON, and to educate you on our company and our services.
- You understand that SAMSON does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including third-party advertisements posted on the Site.
- You understand that any statements by SAMSON, its employees, agents, and affiliates are provided for informational purposes only.
- Our Services
- SAMSON makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services or Products provided by any individual, company, or service provider utilizing the Site or featured on the Site and assumes no liability related thereto.
- You understand that price quotes offered are subject to SAMSON’s final approval and do not guarantee acceptance of an offer.
- Restrictions on Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any informational material, form, or document may be reproduced in any way or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or distribution).
- Use of Information and Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by us.
- Disclosure of Collected Information
- Type of Information Collected. SAMSON or our third-party vendors may collect personal information, such as: your name, e-mail address, postal address, shipping information, telephone and facsimile numbers, and URL. SAMSON may also automatically gather and store the following information in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may also gather demographic information.
- Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, SAMSON DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SAMSON NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES AND THE SITE. IN NO EVENT WILL SAMSON BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF SAMSON HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to defend, indemnify, and hold harmless SAMSON and its officers, agents and employees (the “SAMSON Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the SAMSON Parties may incur arising out of or resulting from the use of the Site or any of the products or services of SAMSON.
- Choice of Law and Venue. THESE TERMS WILL BE CONSTRUED AND GOVERENED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW MEXICO WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THESE TERMS, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE VENUE AND PERSONAL JURSDICTION OF THE STATE AND FEDERAL COURTS IN DONA ANA COUNTY, NEW MEXICO WITH REGARD TO ANY DISPUTE RELATING TO THESE TERMS OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE AND PERSONAL JURISDICTION THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DONA ANA COUNTY, NEW MEXICO, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THESE TERMS OR ITS ENFORCEMENT.
- Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You and SAMSON agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Notices. Any notices or communications sent by you to SAMSON pursuant to these Terms must be in writing and sent to the address specified herein or such other address as SAMSON may specify in writing.
All notices will be sent to:
Samson Weight Training Equipment, Inc.
P.O. Box 353
Fairacres, NM 88033
Fax: (575) 523-2100
- Additional Information
- Trademarks. SAMSON, www.samsonequipment.com, and all SAMSON trademarks, designs, logos, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of SAMSON. All rights are reserved. All other trademarks appearing on the Site are the property of their respective owners.
- Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, software, photos, video graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of SAMSON and the copyright owner.
- Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or SAMSON. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
- Contact Us. If you have any questions or suggestions regarding these Terms, please contact us using the “Contact” page on our Site.
- Age Requirements. This Site is for use by persons ages 18 and over. By accessing the Site, you attest that you are at least 18 year old. You must be at least 18 years of age to use the Site. You agree to be solely responsible for (i) maintaining control over the use and/or access to the Site by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.
This Terms and Conditions of Use agreement is used under license to Samson from the copyright owner, CHESTER PLLC (www.chester-law.com) © 2012. All rights reserved. Copying or use, in part or in full, without express written permission from CHESTER PLLC, is prohibited.