Welcome to our website (the “Site”) – www.samlives.com.
Your Agreement With Us
By using the Site and/or any of our Social Media Pages (discussed in more detail below) you agree to abide by this TOU. From time to time, we may supplement this TOU with additional terms pertaining to specific content (“Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into this TOU. BY USING THE SITE AND/OR ANY OF OUR SOCIAL MEDIA PAGES, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH US. If you do not agree to be bound by this TOU, please discontinue your use of the Site and/or our Social Media Pages.
We may modify this TOU at any time. We may notify you of the changes by posting the modified TOU on the Site and/or a link to the modified TOU on our Social Media Pages. Your continued access and/or use of the Site and/or our Social Media Pages following such modifications will be considered acceptance of the revised TOU. You may not amend this TOU.
If you have any questions about this TOU, or if you become aware of any misuse of the Site and/or our Social Media Pages by any person, please contact us at: Hello@SamLives.com.
Sam Lives! Social Media Sites
Disclaimer on Copyright, Copying, and Trademark
All of the content elements displayed and/or downloadable on the Site and/or our Social Media Pages, including photographic images, illustrations, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of the Site and/or our Social Media Pages, including their designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Site and/or our Social Media Pages (together with the Content, collectively, the "Site Elements") is the exclusive property of Sam Lives! or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of Sam Lives! and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Sam Lives! hereby expressly reserves all rights in relation to the Site and/or our Social Media Pages and Site Elements not expressly granted herein. You may not archive or retain any Content without the express prior written consent of Sam Lives!.
Disclaimer on Site Information
The information contained on the Site and/or our Social Media Pages or transmitted from us to you does not constitute, and should not be considered, medical, legal, or professional nutrition advice. While we seek to provide up-to-date and reliable information to Site and Social Media Page visitors, such content is for informational purposes only. Viewing the Site and/or Social Media Pages, receiving information contained on the Site and/or Social Media Pages, and/or the transmission of information to or from us (whether through the Site, Social Media Pages, or otherwise) does not constitute a physician-patient, attorney-client, or nutritionist-client relationship. We recommend that you SEEK THE ADVICE OF A DOCTOR OR OTHER MEDICAL PROFESSIONAL, NUTRITIONIST, ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS REGARDING YOUR HEALTH, NUTRITION, AND/OR LEGAL ISSUES.
Site “Dos” and “Don’ts”
As a condition to access the Site and our Social Media Pages you agree to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
· Provide accurate and complete information when providing information through the Site and/or Social Media Pages.
· Flag or otherwise alert us to posts on the “blog” page of the Site and/or posts on our Social Media Pages, that violate this TOU or are otherwise illegal.
· Comply with all applicable laws.
B. Don’t undertake the following:
· Share, distribute, reproduce, copy, retransmit, publish, sell, and/or exploit any Site and/or Social Media Page information or content in a manner inconsistent with the Site’s and/or Social Media Pages’ underlying purpose and/or this TOU.
· Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
· Publicly provide or list your telephone number, street address, or last name through the Site and/or our Social Media Pages.
· Attempt to address complaints and/or product/merchandise concerns/issues through the “blog” page of the Site and/or through any of our Social Media Pages.
· Include or provide any material of any kind or nature that is unlawful, harassing, hateful, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable. We reserve the right to delete any such material from the Site and/or any of our Social Media Pages.
· Impersonate any other person, username, or entity, whether actual or fictitious, including impersonating an employee, consultant, or any other person affiliated with Sam Lives!.
· Use an inappropriate username.
· Use another person’s account without permission.
· Access the Site and/or our Social Media Pages without authorization.
· Take any action on the Site, or on any of our Social Media Pages, that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
Violations of the Agreement and Termination
We reserve the right, at our sole discretion, to immediately and without notice or cause modify, suspend, or terminate this TOU. Following any termination or expiration, you will have no further right to access or use the Site, but the terms of this TOU will continue to apply to any obligations incurred or arising prior to its termination.
If we, in our sole discretion, determine that you have breached this TOU, we will take actions to protect the Site and/or other Site users, and our Social Media Pages and/or any of their users, including but not limited to discontinuing your access to the Site and/or our Social Media Accounts; notifying your e-mail address; and/or notifying and/or sending content to and/or fully cooperating with the proper law enforcement authorities for further action.
On the condition that you comply with all your obligations under this TOU, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Site. Any other use of the Site contrary to our mission and purpose is strictly prohibited and a violation of this TOU. We reserve all rights not expressly granted in this TOU.
You also agree that we or our licensors and/or licensees retain all rights in and to the Site and/or our Social Media Pages and any elements and/or components of the same, including but not limited to its design, layout, look, appearance, and graphics. You agree that the Site and our Social Media Pages and their various elements/components are protected by copyright, trademark, and other intellectual property laws.
Without limiting the foregoing, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to make limited downloads and/or printouts of text, images, graphics, and other Site materials and/or information, but only for your personal, noncommercial, informational use. Any such downloads or printouts must retain all accompanying copyright, trademark, patent, and other proprietary notices and must not be modified in any way. Any reference to such material and/or information must also include appropriate attribution.
Release and Limitation of Liability
YOU HEREBY RELEASE SAM LIVES! AND ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, ATTORNEYS, AND THEIR PREDECESSORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (“RELEASEES”), FROM ALL CLAIMS, DAMANGES, COMPLAINTS, CAUSES OF ACTION, SUITS, DEMANDS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY NATURE WHATSOEVER, BOTH AT LAW AND IN EQUITY, EXCEPT THOSE CLAIMS THAT MAY NOT BE RELEASED OR WAIVED BY LAW, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR ANY OF OUR SOCIAL MEDIA PAGES. YOU ALSO AGREE THAT IN NO EVENT SHALL SAM LIVES! OR OTHER RELEASEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND, WHETHER FORSEEABLE OR NOT, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE MALFUNCTION OF THE SITE AND/OR ANY OF OUR SOCIAL MEDIA PAGES OR ANY OF THE INFORMATION AND/OR CONTENT CONTAINED ON THE SITE AND/OR ANY OF OUR SOCIAL MEDIA PAGES.
You agree to defend, indemnify, and hold harmless Sam Lives! and its affiliates, officers, directors, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Site and/or our Social Media Pages; breach of this TOU or violation of applicable law by you or any other user of the Site and/or our Social Media Pages using the same with your consent; your information on the Site and/or our Social Media Pages, including any claim involving alleged infringement or misappropriation of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Site and/or any of our Social Media Pages.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, SAM LIVES! DOES NOT WARRANT THAT THE SITE AND/OR ANY OF OUR SOCIAL MEDIA PAGES WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, AND/OR ANY OF OUR SOCIAL MEDIA PAGES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, THE SITE CONTENTS, AND/OR OUR SOCIAL MEDIA PAGES AND THEIR CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SAM LIVES! IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, OUR SOCIAL MEDIA PAGES, AND THEIR RESPCTIVE CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SAM LIVES!, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAM LIVES! MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR ANY OF THE SAME RELATED TO OUR SOCIAL MEDIA PAGES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAM LIVES!, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SAM LIVES! SITE AND/OR SOCIAL MEDIA PAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, AND/OR ANY OF OUR SOCIAL MEDIA PAGES AND/OR THEIR CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAM LIVES! IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Outside Online Links
Sam Lives! does not undertake continuous reviews of the sites linked to the Site and/or our Social Media Pages and is not responsible for the privacy practices or the content of any third-party websites linked to the Site and/or or Social Media Pages. Such linked sites are for your convenience only. You access them at your own risk. That another website is linked to this Site and/or any of our Social Media Pages does not constitute an endorsement by Sam Lives! of the owner of the other site, the content of the site, or its products or services. Sam Lives! assumes no responsibility for information or services provided by any of the sites to which this Site or any of our Social Media Pages contains links.
Posting Information to the Site and/or Our Social Media Pages
Sam Lives! does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or guest bloggers, or endorse any opinions expressed by the same. Communications posted by users and/or guest bloggers reflect their own opinions and do not necessarily reflect the opinions of Sam Lives! or its personnel. You acknowledge that any reliance on material posted by other users and/or guest bloggers will be at your own risk.
Although Sam Lives! may from time to time monitor or review postings on the Site and/or our Social Media Pages, we are under no obligation to do so. You acknowledge that Sam Lives! does not control the information available on user-generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on user-generated pages are those of their respective authors who are solely responsible for their content.
Sam Lives! reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to us, posted to the “blog” page of the Site, and/or posted on any of our Social Media Pages. In exchange for the right to access and use the Site and/or our Social Media Pages, you grant Sam Lives! the right to edit, copy, translate, publish, create derivative works from, and distribute, for any purpose, any information or content you post or transmit on the Site and/or our Social Media Pages. By posting information on the Site and/or our Social Media Pages, you agree to permit all users of the Site and/or visitors to our Social Media Pages to access, display, view, store, and reproduce such information for personal use.
The Site and/or any of our Social Media Pages are not intended for use by children under 13 years of age. Any child under 13 years of age must have his or her parent’s permission to use the Site and/or any of our Social Media Pages.
If any provision of this TOU is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this TOU will not be affected in any way.
Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website NetParents at http://www.netparents.org/parentstips/browsers.html.
Governing Law and Forum for Legal Disputes
This TOU or any claim, cause of action, or dispute arising out of or related to this TOU shall be governed by the laws of the State of Maine regardless of where you access the Site and/or our Social Media Pages, and notwithstanding any conflicts of laws principles. All claims arising out of or related to this TOU must be resolved exclusively by a state or federal court located in Cumberland County, Maine, except as otherwise agreed by us and you. You also agree that regardless of any statute or law to the contrary, any claim or cause of action against Sam Lives! arising out of or related to the Site or the use of this Site, and/or our Social Media Pages, must be filed within one year after such claim or cause of action arose and must be filed in a court in Maine.