TERMS OF USE

Terms of Use

Last Revised: May 22, 2019

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY, LOCATED AT (“PRIVACY POLICY”) , BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES FROM SAM’S 21 CLUB.

These Terms of Use are an agreement (the “Agreement”) between SAM’S 21 Club (www.sams21.club), a California company (“SAM’S 21 Club,” the “Company”, “we” or “us”) and you (“you” or “User”). This Agreement sets forth the legal terms and conditions governing your use of this website (the “Site”) and your purchase and/or use of any SAM’S 21 Club goods, services (collectively referred to hereinafter as, “Offerings”).

Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.

This Agreement and the SAM’S 21 Club Privacy Policy and any other terms and policies incorporated herein by reference (collectively, the “Other Policies”), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

This Site may allow users to communicate with each other using discussion forums, blogs, wikis and other interactive methods of posting and sharing information.

Ownership and Protection of Content

The Site is owned and operated by the owner or owners of SAM’S 21 or one of its staff or affiliated companies. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, information obtained from our licensors or other third parties, and other materials (“Contents”) is protected by copyright, trademark and other intellectual property or other proprietary laws under both the United States and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without SAM’S 21 Club or its owner/owners/licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with SAM’S 21 Club or its owner/owners/licensors.

Intellectual Property Rights

All Materials and other content in this Site and the Company’s Offerings including, but not limited to, Research Data, User Data, Member Data, Distributor Data, Employer Data, the Company name, the SAM’S 21 brand, marks, and logos, and the Site’s look, feel, text, pictures, data, format, materials, graphics, sound files, and other files of SAM’S 21 Club/SAM’S 21, constitute the intellectual property of the Company or its owner/owners/licensors. The Company and its owner/owners/licensors reserve all its intellectual property rights in and to the Site and all Materials (including, but not limited to, any modification or improvements thereto or derivative works thereof). Your use of the Site and Materials of SAM’S 21 Club or any of the Offerings does not give you any ownership in our Site and Materials by any means or claims. Your use of the Site and Materials of SAM’S 21 or any of the Offerings is only for the interest/profit of the Company and its owner/owners and in their favor.

Product Information

Most products displayed on the Site are available for purchase via the Site and Qualified Distributors in the United States while supplies last. The prices displayed on the Site are quoted in US dollars and are valid and effective only in the United States. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.

Product Refund Policy

SAM’S 21 Club guarantees the quality of any product, which carries the SAM’S 21 Copyrighted name, and certifies that the products manufactured for it meet high standards. However, if for any reason, you are not completely satisfied with any product purchased directly from this Site or a Qualified Distributor, you may return it within seven days from receipt for a full refund or product exchange. Refunds and exchanges may be obtained by calling 1-888-3SAMS21 (1-888-372-6721) or by contacting your SAM’S 21 Club Distributor. This guarantee is limited, subject by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product that is opened, intentionally damaged or misused.

Distributor Refund Policy

If Distributorship is canceled for any reason, Distributors may return all unopened products that were purchased in the previous 12 months for a full refund. To obtain a refund, Distributors may call SAM’S 21 Club at 1-888-3SAMS21 (1-888-372-6721).

You can cancel and return your products/service/membership status, license you paid to SAM’S 21.club to get your full refund in seven days from the date of your payment or before your earning incurred from SAM’S 21, whichever comes first.

User Restrictions

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as stated herein, none of the Contents related with the Company and the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transformed or transmitted in any form or by any means without the prior written permission of the Company or its owner/owners/licensors. SAM’S 21 Club may authorize its club member or licensee to view and download a single copy of the Contents solely for his/her own lawful, personal, non-commercial use if he/she includes the following copyright notice: “Copyright © 2019, SAM’S 21. All rights reserved” and retain other copyright and proprietary rights notices that were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other Website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to SAM’S 21 and its owner/owners/licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. SAM’S 21 may sue you for any kind of damages.
You may not, without the Company’s written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site.

You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. The Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Registration, Accounts and Passwords

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.

If you register and create an account on the Site, you agree to be responsible for: (a) maintaining the confidentiality of passwords or other account identifiers which you choose, and (b) all activities that occur on the Site when logged in using such passwords or account identifiers. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify SAM’S 21 Club immediately. We will assume that any communication we receive under your password-protected account have been made by you in good faith unless we receive notice otherwise.

User Submissions

The personal information you submit to the Company and the Site is governed by the SAM’S 21 Club Privacy Notice. If there is any inconsistency between the Terms of Use and the Privacy Notice, the Privacy Notice shall govern.

The Company does not claim ownership of any information or material a user provides to us or posts, uploads, input, submits or transmits to this Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views or disability; in violation of local, state, national or international law; or that infringes on or violates any right of any party; or intentionally against the interest of the Company. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer codes; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spam”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Company, exposes the Company or any of its owner/(s), licensors, partners or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential and non-proprietary, and may be disseminated or used by us. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted the Company and us a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the Submission in any media or medium, or any form, format or forum now known or hereafter developed. Notwithstanding the foregoing, the Company is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission and your reliance on any Submissions. The Company is not responsible for the consequences of any Submission. We are not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. The Company will have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right (but is not obligated) to:

Liability of the Company and Its Licensors and Partners

The use of the Site, the Products, the Services, and/or the Contents for your Membership, your License as a Product/ Service Distributor/ Independent Contractor, your purchase(s) from us and your Submissions are at your own risk. All the above could include technical inaccuracies, prediction inaccuracies, failure of estimated profit return, or any kind of errors. The Company may make changes or improvements at any time. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS/ EXPECTATION FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF YOUR USE IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THE COMPANY OR ITS OWNER/OWNERS/PARTNERS/LICENSORS/STAFF/AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS OF ANY DEVICES USED TO ACCES THE SITE WE ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY US, OUR AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY NOTICE.

If an item is listed with incorrect price, service or product information due to an error of any nature, the Company shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item or contact you for notification and instructions on such cancellation. Without limiting the language above, the Company does not represent that each item on this Site includes accurate information for its purpose and disclaims any liability as to such accuracy.

Indemnity

You agree to defend, indemnify and hold the Company, its owner, owners, officers, directors, employees, agents, licensors, affiliates and partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, the Products, the Services, and/or the Contents, or your violation of these Terms of Use.

Links to Other Sites

This Site may contain links to third party websites, which may have privacy policies that differ from our own. These links are provided solely for the convenience of our Site visitors. We are not responsible for the content or privacy practices of such sites. We encourage you to review the privacy policies and terms of use of any third party websites or services.

General

We operate this Site from our offices within the United States of America, and make no claims that the Contents or a Submission are appropriate or may be downloaded outside of the United States of America. Access to the Contents or Submissions may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of the Company and Its Owner, Owners, Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws and Complete Agreement.

Applicable Laws

These Terms of Use are governed in accordance with the laws of the city where the Company is located, the United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Disputes

The Company, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us or through the Site, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. You agree to give up your right to sue the Company in court and small claims court, your right to have your claims heard by a jury, and your right to represent, in a class action or action of any kinds or nature.

We always retain the right to take legal action and may bring suit in court against you or your party to enjoin infringement or other misuse of intellectual property rights belonging to the Company, the Site or the SAM’S 21 Brand.

Disputes and Arbitration

You agree that you, your party and/or any person representing you agree irrevocably that you, your party and/or any person representing you will never make claim for any kinds of disputes and/or arbitration for any kind of liquidation damage against the Company and/or its owner, owners, partner(s), subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, SAM’S 21’s products, services and/or investment/business opportunity.

You agree that you, your party and/or any person representing you agree irrevocably that you can cancel and return your products/service/membership status, license to get your full refund in seven days from the date of your payment or before your earning incurred from the Company, whichever comes first.

Notice and Take Down Procedures; and Copyright Agent

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by calling the Company at 1-888-3SAMS21 (1-888-372-6721) and providing any information for verification. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of the Company on this Site, these Terms of Use, including our Privacy Notice, constitute the entire agreement between you and the Company with respect to the use of the Site.

Revisions and Modifications

We may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on this Site.

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