Samc C's

Terms Of Use

TERMS OF USE

 

 

INTRODUCTION & ACCEPTANCE OF TERMS

 

Sam C's LLC, a limited liability company registered in the State of Pennsylvania (“Company”, “we”, “us” or “our”), owns and operates the website found at https://samcs.com  (“Website”). The Website provides information about the state of being pregnant and parenting. Any content found on the Website does NOT constitute psychological or medical advice and is presented for informational and entertainment purposes only. If you are having a medical emergency, you must contact a physician. 

 

These Terms of Use (“Terms”) constitute a legally binding agreement between you, as a user of the Website (“you,” “your,” or “User”), and us, the Company. By accessing our Website you agree to abide by these Terms and to any additional terms and policies referred to in it.

 

You understand that by accessing the Website, you agree to be bound by these Terms. If you do not accept these Terms in its entirety, you must not use the Website. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any part of the Website. Any revisions to these Terms or changes to the Website will take effect when a revised version is posted in the Website. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and/or changes in the Website and (b) agreement to be bound by any such revised terms and conditions. The Terms include and hereby incorporate by reference Company’s Privacy Policy found at https://samcs.com/pages/privacy-policy. 

 

DISCLAIMERS

 

THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT DOES NOT PROVIDE MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE INFORMATION CONTAINED ON THIS WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE WEBSITE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. 

 

DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL TOPICS DISCUSSED ON THE WEBSITE AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. YOUR ACCESS OR USE OF THE WEBSITE DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON OUR PART OR THE PART OF OUR LICENSORS. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, CLINICS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE WEBSITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THE WEBSITE, OUR CONTRIBUTORS, OR EDITORS ON THE WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

 

WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. 

 

GRANT OF LICENSE 

 

Licence. Subject to the terms and conditions of these Terms, the Company grants you a non-transferable and non-exclusive licence of the right to use the Website and any content associated with it.

 

Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website and any content associated with it; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website; and (c) you shall not access the Website in order to build a similar or competitive service. Any future release, update or other addition to any of functionalities or content of the Website shall be subject to the terms and conditions of these Terms.

 

Moreover, you agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other Website users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); or (d) interfere with another user’s use and enjoyment of the Website .

 

Modification. We reserve the right, at any time, to modify, suspend or discontinue the operation of the Website or any parts thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of operation of the Website, or any part thereof.

 

Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website. The Website are licensed to you; this means that the Website are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website. The logo and other names associated with the Website belong to us or our licensors (if any and where applicable) and no licence of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.

 

CONTRIBUTOR’S CONTENT 

 

If you are a content contributor of the Company (“Contributor”), this section applies to you. The term “Contributor’s Content” shall mean any piece of information, advice, recommendation, data, text, sound, photograph, video, article, comment, document or other materials posted on the Website by a Contributor.  

 

By posting, uploading, inputting, providing or submitting Contributor’s Content, you (i) warrant that you own all of the rights, title and interest in and to Contributor’s Content and (ii) assign to Company, its successors and assigns, for good and sufficient consideration, the entire right, title and interest in and to all of the Contributor’s Content. 

 

You also represent and warrant that Contributor’s Content: 

  • does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
  • is not fraudulent, false, misleading or deceptive; 
  • is not defamatory, obscene, pornographic, vulgar or offensive;
  • does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
  • is not violent or threatening or promote violence or actions that are threatening to any person or entity; 
  • does not promote illegal or harmful activities or substances;

 

We reserve the right to access, review, and remove, for any reason, any part of Contributor’s Content submitted by you if we think that it breaches these Terms or is otherwise against the law. 

 

You expressly acknowledge that you and the Company have a business relationship based entirely on, and defined by, the express provisions of these Terms and that no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by reason of these Terms. Therefore, you have no authority to make commitments on behalf of the Company and we assume no responsibility for any of your acts or omissions. 

 

USERS’ COMMENTS

 

If you are regular User of the Website, this section applies to you. The Company does not own any of the feedback, suggestions or comments you provide to us or post, upload, or submit to our Website (“Comment(s)”). Company takes no responsibility and assumes no liability for any Comment posted by you. You agree that you and your Comments will comply with the following:

 

  • will be respectful of opinions of others;
  • will not contain profane or explicit language;
  • will not contain pictures that might be considered inappropriate;
  • will not contain a message that could be interpreted as threatening or harassing; and 
  • will not advertise, or promote products or services.

 

LINKS TO THIRD-PARTY WEBSITES

 

Our Website may have links to third-party websites. The Company does not monitor and censor content material contained on those websites. Any link to a third-party website, and reference to third-party information, products or services linked to our Website, is not, and should not be interpreted nor construed as, an express or implied endorsement by us.  When you leave our Website, you should be aware that our terms and policies are no longer applicable. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website.

 

YOUR PRIVACY

 

We respect your privacy. For details on how we collect, store, and protect your personal information, please go to our Privacy Policy found at https://samcs.com/pages/privacy-policy. By accessing our Website, you agree and consent to our collection and use of personal information as outlined therein and you agree to abide by and not violate such Privacy Policy on your part.

 

LIMITATION OF WARRANTIES

 

The Company gives no warranty as to the accuracy, content, timeliness, completeness, reliability, quality, or suitability of any content contained in or delivered via the Website. In other words, the Website and all information, content, materials, included on or otherwise made available to you are provided on an “as is” and “as available” basis. The Company does not warrant that your access to the Website will be uninterrupted or that the Website will be free of errors, typos, viruses or other harmful components. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

 

LIMITATION ON LIABILITY

 

We will not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of use, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges arising out of or in connection with the Website.

 

We shall not be in breach of these Terms nor shall we be liable for any failure or delay in performance of any obligations under these Terms arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.

 

INDEMNITY

 

You agree to defend and indemnify us, our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of the Website, your conduct, and/or any breach by you of these Terms.

 

GENERAL PROVISIONS

 

Governing Law and Jurisdiction. This Website is owned and controlled by the Company, which is registered in the State of Pennsylvania, USA. It can be accessed by most countries around the world. As each country and state has its own laws that may differ from those of the State of Pennsylvania, by accessing the Website, you agree that the statutes and laws of the State of Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and any content associated with it. Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in Cumberland County, Pennsylvania, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Entire Agreement. These Terms, our Privacy Policy, and disclaimers constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.  

 

Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 

 

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

 

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

CONTACT US

Sam C’s LLC 

support@samcs.com

 

Last updated: October 30, 2019