Samson Equipment terms and conditions

Agreement between User and www.samsonequipment.com
Welcome to www.samsonequipment.com. The www.samsonequipment.com website (the “Site”) is comprised of various web pages operated by Samson Equipment, Inc. (“Samson Equipment”). www.samsonequipment.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.samsonequipment.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIE AGREEMENT. 

www.samsonequipment.com is an E-Commerce Site. 

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this site are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this siteof products that are not manufactured by Samson Equipment are that of the vendor and are not made by Samson Equipment. 

Privacy
Your use of www.samsonequipment.com is subject to Samson Equipment’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 

Electronic Communications
Visiting www.samsonequipment.com or sending emails to Samson Equipment constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Samson Equipment is not responsible for third party access to your account that results from theft or misappropriation of your account. Samson Equipment and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Children Under Eighteen
Samson Equipment does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. 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.

Cancellation/Refund Policy
If the product arrives in good shape, has no structural defect, and is a standard product (color, dimensions, options), and the customer simply does not want the item, the customer will be refunded the original sales price minus a 30% restocking fee. Customer will pay to ship back to Samson Equipmentand will be responsible for proper packaging and all shipping costs in order to receive a refund. Item(s) must arrive at Samson Equipment in good, salable condition before a refund will be given. 

If the product arrives in good shape, has no structural defect and is a custom product (color, dimensions, options) and the customer simply does not want the item no refund will be given. 

If the product is used (standard or custom) has no defect, and the customer simply does not want the item, no refund will be given. 

Links to Third Party Sites/Third Party Services
www.samsonequipment.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Samson Equipment and Samson Equipment is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Samson Equipment is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Samson Equipment of the site or any association with its operators. 

Certain services made available via www.samsonequipment.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.samsonequipment.com domain, you hereby acknowledge and consent that Samson Equipment may share such information and data with any third party with whom Samson Equipment has a contractual relationship to provide the requested product, service or functionality on behalf of www.samsonequipment.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.samsonequipment.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Samson Equipment that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Samson Equipment or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Samson Equipment content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Samson Equipment and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Samson Equipment or our licensors except as expressly authorized by these Terms. 

International Users

The Service is controlled, operated and administered by Samson Equipment from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not usethe Samson Equipment Content accessed through www.samsonequipment.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification
You agree to indemnify, defend and hold harmless Samson Equipment, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Samson Equipment reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Samson Equipment in asserting any available defenses.

Arbitration
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Las Cruces, New Mexico, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Mexico. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New Mexico. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or  connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Samson Equipment agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAMSON EQUIPMENT, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

SAMSON EQUIPMENT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAMSON EQUIPMENT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMSON EQUIPMENT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAMSON EQUIPMENT, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Samson Equipment reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws ofthe State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effectto all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Samson Equipment as a result of this agreement or use of the Site. Samson Equipment’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Samson Equipment’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Samson Equipment with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Samson Equipment with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Samson Equipment with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms
Samson Equipment reserves the right, in its sole discretion, to change the Terms under which www.samsonequipment.com is offered. The most current version of the Terms will supersede all previous versions. Samson Equipment encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us
Samson Equipment welcomes your questions or comments regarding the Terms:  

Samson Equipment, Inc.

P.O. Box 353 Fairacres, New Mexico 88033 

Email Address: [email protected] 

Telephone number: 800-4-SAMSON 

Effective as of October 07, 2020 

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