Effective Date: January 12, 2025
These Terms and Conditions have been prepared by latestsamplespro.com (referred to herein as the “Website,” “Company,” “us,” “we,” or “our”). Together with our Privacy Policy and any amendments or supplements, these Terms and Conditions (collectively, the “Agreement”) constitute a binding legal agreement between you (“you,” “your,” or “user”) and the Company, including its directors, officers, parent organizations, subsidiaries, and representatives. This Agreement governs both your access to and use of the Website, as well as any use or attempted use of the products and services provided by the Company. By continuing to use or access the Website, you acknowledge and agree to be bound by this Agreement as if you had signed it directly.
By accepting these Terms, you consent to the arbitration agreement and class action waiver outlined in Section 5 below.
1. Eligibility
2. Intellectual Property
3. Links to Affiliate Websites
4. Disclaimer
5. Agreement to Arbitrate
6. Consent to Contact
7. Voice Recording and Monitoring Consent
8. DMCA Policy & Notice
9. Limitation on Liability
10. Indemnification
11. Modifications to the Agreement
12. Miscellaneous
13. Contact Us
To access or use this Website, you must be at least 18 years old and legally eligible to enter into a binding agreement. Users aged 13 or older may access the Website with parental or guardian consent to these Terms. The Website is strictly not intended for use by children under 18 years of age. By using the Website, you represent and affirm that you are at least 18 years of age.
This Website and its services are intended for users residing in the contiguous United States, including Alaska and Hawaii.
The content available on the Website, including but not limited to text, graphics, logos, software, music, videos, sounds, photographs, and materials provided by suppliers, sponsors, or third-party advertisers, is protected by copyright, trademark, patent laws, and other proprietary rights (“Intellectual Property Rights”). We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, copy, and print content from the Website solely for personal use or to place an order through the Website, provided you retain and do not obscure any copyright or proprietary notices displayed on such content.
Unless explicitly stated otherwise, this Agreement does not grant any additional rights or licenses under the Company’s or any third party’s Intellectual Property Rights, whether explicitly, by implication, or otherwise. All other rights remain reserved.
Unless explicitly stated in this Agreement, you agree not to: (i) store, upload, transmit, circulate, or make available any files containing harmful or malicious code, including, but not limited to, viruses, trojans, worms, or logic bombs; (ii) attempt to decipher, disassemble, or reverse-engineer the source code, algorithms, or the systems and procedures embedded in the Website; (iii) disrupt or attempt to disrupt the normal functioning of the Website, interfere with its operation or networks linked to the Website, or circumvent any access restrictions or security measures; (iv) delete or alter any proprietary notices or copyrights within the Website’s content; (v) use automated tools or scripts to improperly gather data from or interact with the Website; (vi) modify, adapt, decompile, reverse engineer, disassemble, or create derivative works of the Website’s code or content; (vii) resell, license, transfer, or distribute the Website, in whole or in part; or (viii) violate any law or the provisions of this Agreement.
The Website may contain links to affiliate websites offering goods and services, and we may earn a commission, at no cost to you, when you click on such links and make a purchase. These affiliate links are included to improve your user experience. Please note, we do not verify the identity, reliability, or security of any third-party affiliate websites, nor do we monitor or guarantee the accuracy of the information available on these websites. You acknowledge and agree that we will not be held liable for any damages or losses that result from your use of third-party affiliate websites, the content provided by them, or any transactions you engage in with them. We are not responsible for the enforcement of any agreements between you and a third-party affiliate and are not obligated to intervene in any disputes. You agree not to involve us in any legal, investigative, or dispute resolution processes related to your interactions with third-party affiliates.
The Website may include links to third-party promotions such as giveaways, coupons, discounts, free samples, and sweepstakes (“Promotions”). Accessing these Promotions may require you to share personal information, complete surveys, or agree to receive marketing communications from external entities. The Company does not manage or control these Promotions and therefore makes no assurances regarding their availability, accuracy, or relevance to your needs. These Promotions are hosted by independent third parties and are provided on the Website strictly for informational purposes. We are not liable for any issues related to their availability or redemption, including but not limited to third-party restrictions, eligibility requirements (such as location or age limitations), service denials, or technical difficulties that may impact access.
We do not monitor, review, approve, or endorse any third-party Promotions. If you choose to engage with a Promotion, clicking on the associated link will direct you away from the Website to a third-party platform, where different privacy policies and terms of service apply. These external websites may collect and use your personal data in ways beyond our control. We strongly encourage you to review their policies before engaging with their services. By participating in these Promotions, you acknowledge that the Company is not involved in any agreements between you and the third party. You further agree that we hold no responsibility for fulfilling any terms related to these Promotions and that we will not be involved in any legal claims, disputes, or investigations arising from your interactions with third-party entities.
The Company and its affiliates are not responsible for any consequences arising from decisions you make based on the information, services, or content found on this Website. While we strive to ensure accuracy, we cannot guarantee the reliability or completeness of the information presented and will not be held liable for any losses resulting from outdated or incorrect content.
This Website is provided on an “as is” and “as available” basis. Unless explicitly stated in the Terms, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Any guarantees arising from industry practices, commercial use, or past dealings are also disclaimed to the fullest extent permitted by law.
We do not guarantee that:
(i) The Website will function without errors, delays, or interruptions.
(ii) The Website will meet any specific user expectations.
(iii) Any defects or issues will be corrected.
(iv) The Website will be free from harmful software, including viruses or malware.
(v) The information obtained from the Website will be accurate or reliable.
Downloading or accessing content from the Website is done at your own risk. We are not responsible for any damages to your devices, data loss, or other consequences resulting from such actions. Additionally, unless explicitly stated, no advice or information—whether spoken or written—obtained from the Company or through this Website shall be interpreted as a warranty or guarantee.
You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both parties agree otherwise, the arbitrator may not preside over any form of a consolidated, class, or representative proceeding or otherwise consolidate or join claims from more than one person or party. The arbitrator may grant injunctions or other relief, including monetary, and declaratory relief, only in favor of the individual party seeking such relief and only to such extent as may be necessary to provide relief necessitated by that party’s individual claim(s). No relief awarded shall affect our other users.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county of your residence or at another location mutually agreed by both parties. If the value of the relief sought is less than or equal to $10,000, either party may elect to have the arbitration conducted by telephone or based solely on written submissions and such election shall be binding on both parties subject to the arbitrator’s discretion to necessitate an in-person hearing, if the circumstances warrant. Unless the arbitrator requires otherwise, either party may attend an in-person hearing by telephone.
The arbitrator shall determine the substance of all claims in accordance with the applicable laws of the State of Missouri, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The award of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator may be confirmed or entered in any court having competent jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your account (if applicable) or your use of or access to the Website, or any products or services sold, offered, or purchased through the Website.
Unless otherwise stated in this Agreement to Arbitrate, all payments related to filing, administration and arbitrator fees (Arbitration Costs) will be governed by the AAA’s rules Where the value of the relief sought is less than or equal to $10,000 the Company may, at your request, pay all filing, administration, and arbitrator fees related to the arbitration. We will make arrangements to pay the Arbitration Costs to AAA only for those requests that are submitted, along with demand for arbitration, by mail to the AAA. Where the value of the relief sought is over $10,000 and you are successful in demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Arbitration Costs as may be deemed necessary by the arbitrator to prevent the arbitration from being cost-prohibitive. If the arbitrator determines your claim(s) in the arbitration to be frivolous, you agree that you will be liable to reimburse us for all the Arbitration Costs paid by us on your behalf, which you otherwise would be required to pay under the AAA’s rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and senior management and to family members of a party who is an individual.
Except for the “Prohibition of Class and Representative Actions and Non-Individualized Relief” provision of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall remain in full force and effect. Where an arbitrator or court decides that any of the provision(s) in Section 1 of this Agreement to Arbitrate (i.e. “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entire Agreement to Arbitrate shall be null and void. The validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby.
You agree that by providing your telephone number or email address in any submission on the Website that you consent to communications as specified in the consent language that is a part of the submission(s).
By calling the Website, you acknowledge and consent that the Company may record or monitor your communications as allowed by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other applicable state laws governing call monitoring. You grant permission for us to monitor or record these calls and use the resulting information as described in the Privacy Policy. Please note, we are not obligated to record or monitor our services for quality, completeness, or accuracy.
If you are a copyright owner, an authorized representative, or hold exclusive rights under copyright, you may report suspected copyright infringement occurring on our Website. To do so, please submit a DMCA Notice of Alleged Infringement to our Designated Agent with the required details listed below. Upon receiving a valid notice, we will take appropriate action at our sole discretion, which may include removing the reported content from the Website.
Required Information for a DMCA Notice:
All DMCA notices containing the above details should be submitted to our Designated Agent for processing.
Any notice of claimed infringement, including all the above-mentioned details, should be sent to our Designated Agent at contact@latestsamplespro.com
Please be informed that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
You expressly understand and agree that the Company, its agents, suppliers, parents, subsidiaries, representatives or affiliates shall, under no circumstances, be liable for any special, indirect, incidental, exemplary or consequential damages, including without limitation, any loss of use, profits, data, goodwill, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. This applies regardless of the manner in which damages occurred, and on any theory of liability, whether for breach of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the Website, (2) the use of, or the inability to use, items purchased from third-party websites linked on the Website; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the Website.
You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, parents, subsidiaries, affiliates, co-branders, and suppliers, , from and against any and all claims, demands, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys’ fees and litigation costs resulting from or in any way connected with (i) your use of the Website; (ii) any information transmitted or submitted through the Website; (iii) privacy, tort or other claims (e.g., claims made under the Telephone Consumer Protection Act (TCPA) or its equivalent state law ) relating to any personal information provided (e.g., telephone number) to the Company by you that is not owned by you, in contravention to the terms of this Agreement; and/or (iv) your breach of the terms of this Agreement.
The Company reserves the right to update or change these Terms at any time, at our discretion, by posting the revised version on the Website without prior notice. Your ongoing use of the Website after such modifications indicates your acceptance of the updated Terms. We recommend reviewing the Terms regularly to check for any updates.
The Company has the right to assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions to a third party, at its sole discretion. Any representations, warranties, and indemnification obligations made by you will remain enforceable even after the termination or cancellation of your account or relationship with the Company. A delay by the Company in exercising any of its rights or remedies will not waive those rights or remedies or prevent future exercise. Any waiver requires written consent from the Company. These Terms and Conditions supersede all prior agreements or representations, whether written, oral, or otherwise.
For any inquiries or concerns about this Agreement, you can contact us at contact@latestsamplespro.com.