Terms And Conditions
General
SamsonVirtual and its affiliates (“Samson Virtual Assistants”) operate this Web site and the associated Web pages. We refer to this site and the associated Web pages as the “Site.” Any person accessing or using the Site is referred to as “you.”
Acceptance of Terms
By accessing, viewing or using the Site, any of its parts or any service made available on or through it (“Services”), you agree to comply with these Terms of Use as they may be modified by SamsonVirtual without notice (“Terms of Use”). These Terms of Use constitute a binding contract between Samson Virtual and you. You are responsible for regularly reviewing the Terms of Use. If you are not willing to be bound by these Terms of Use, please do not access or use the Site.
Use of Site
You may access and use the Site only for your personal and non-commercial use. You agree to access and use the Site only for legal purposes that are permitted by these Terms of Use. Among other things, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or
- sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including engaging in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden or impair the Site or interfere with any person’s use or enjoyment of the Site; or
- obtain or attempt to obtain any materials or information through any means not
- made readily accessible by SamsonVirtual on the Site.
In addition, you agree that you will not access or attempt to access password-protected, secure or non-public areas of the Site and will not create or maintain links from any Web site or Web page to any page of the Site. You agree that SamsonVirtual may in its sole discretion and at any time terminate your access to and use of the Site or part thereof, with or without notice, for failure to comply with these Terms of Use or other reasons. In addition, SamsonVirtual reserves the right, in its sole discretion, to modify or discontinue any Service or portion thereof, with or without notice, and without liability to you or any other person.
Nothing on the Site is an offer or promise by SamsonVirtual to sell a specific product for a specific price or to engage in any other transaction or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, SamsonVirtual does not make any representation or warranty with respect to any Service or any third-party products or services, and is not responsible for the accuracy, sufficiency, veracity, completeness, or timeliness of any such product or service. You are responsible for confirming the sufficiency and reliability of any services, and you hereby release Samson Virutal from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Content of Site
The Site and all of its contents, including all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials (collectively, “Content”) is owned by SamsonVirtual and/or third parties with all rights reserved unless otherwise noted. SamsonVirtual grants you a limited license to access and use the Site and Content solely for personal and non-commercial purposes.
You are prohibited from downloading (other than page caching), modifying or making any other use of the Site or Content except with express written consent of SamsonVirtual. You understand that all third party Content posted on, transmitted through or linked from the Site is the sole responsibility of the third party originator of such Content. Content is provided through the SamsonVirtual Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall SamsonVirtual be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You acknowledge that SamsonVirtual does not screen or approve third-party Content and that SamsonVirtual shall have the right (but not the obligation) in its sole discretion to refuse, modify or delete any Content.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting”) Content on or through the Site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to transmit such Content and to transfer your or others’ interests in such Content to SamsonVirtual as provided below.
In addition, you promise that you will not use the SamsonVirtual Network to transmit any Content:
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- which intentionally or unintentionally violates any applicable local, state, national or international law.
By Transmitting Content to the SamsonVirtual Network, you grant, and you represent and warrant that you have the right to grant, to SamsonVirtual an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you grant SamsonVirtual all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any party for any purpose.
General
Applicable Law
These Terms of Use are governed by the laws of the State of California, without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts sitting in Santa Clara County, California for all disputes arising out of or relating to accessing or using the Site or any Content. Access or use of any Site is not authorized in any jurisdiction in which it is legally forbidden or that does not give effect to all provisions of these Terms. You agree that no joint venture, partnership or employment or agency relationship exists between you and SamsonVirtual as a result of accessing or using any Site. SamsonVirtual’s performance under these Terms of Use is subject to existing laws and nothing in the Terms of Use is in derogation of SamsonVirtual’s right to comply with law.
Interpretation
If any part of these Terms is determined to be invalid or, 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 these Terms of Use shall continue in effect. Except for any written contract between you and SamsonVirtual, these Terms of Use constitute the entire agreement between you and SamsonVirtual with respect to any Site.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAMSON VIRTUAL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF THE SITE OR ANY SERVICES OR CONTENT. SAMSON VIRTUAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD SAMSON VIRTUAL AND ITS VENDORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY PERSON DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED OR OTHERWISE PROVIDED BY YOU TO THIS SITE OR ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS OR REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL SAMSON VIRTUAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS OR ANY OTHER SITE, WITH DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS OR
SERVICES MADE AVAILABLE OR 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 VIRTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE AND ALL OTHER USE OF SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. 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.
Copyright
All materials on the Site and its organization and layoutare owned and copyrighted or licensed by SamsonVirtual, its corporate affiliates or its third-party vendors. © SamsonVirtual 2019, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials is permitted without the prior written permission of SamsonVirtual. Any rights not expressly granted herein are reserved.
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