Terms of Use

Terms of Use of Freeosk

General

Welcome to our Freeosk service—whether accessed by kiosk, web service or mobile device application (the “Service”)—which is made available by Freeosk, Inc. (“Freeosk” or “we” or “us”). We provide the Service and its various features and activities (as defined below) to you subject to the following terms of use (“Terms”), which may be changed or updated by us from time to time, by posting such changes on the Service. At any time, the most current version of the Terms can be reviewed by clicking on the “Terms of Use” hyperlink available when you access the Service. Your continued use of any part or variation of this Service constitutes your acceptance of such changes or updates. As a user of the Service for any and all purposes, you agree that you are doing so after first reviewing and agreeing to these Terms. If you do not agree to these Terms, you may not access or otherwise use the Service or any of the Services.

Description of Services

The Service provides you the ability to obtain free samples of products as well as to access or receive information about and discounts for products and services.

Member Registration Information

There are two ways for you to utilize the Service. 1) You can become a Freeosk Member through participating Freeosk locations, our mobile app or web site; or 2) you can use your club, credit or other card (each a “Card”) to access the Service at designated Freeosk locations. When applying to register to become a Freeosk Member you agree to:

  • provide true, accurate, current and complete information about yourself (the “User Information”), and
  • to maintain and promptly update your User Information to keep it true, accurate, current and complete.

If you provide any User Information that is untrue, inaccurate, not current or incomplete, or if Freeosk has reasonable grounds to suspect that any such User Information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Freeosk membership account and refuse any and all current or future use of the Service.

The Service may not be used unless you are 13 years of age or older. Additional age restrictions may be imposed by us with respect to specific goods and/or services, and by Card issuers in accordance with the terms of their Card programs.

When using a Card to access the Service you represent and warrant to us and the Card issuer that you are the owner of or otherwise authorized to utilize the Card to access the Service, and agree that the terms and privacy policy of the Card issuer shall also apply to your use of the Service in connection with the Card. In addition, to the Card issuer’s terms and privacy policy, if we believe you are misusing the Services we may (on our own or in conjunction with the Card issuer) suspend your ability to utilize the Service.

User Account ID and Password

Members (as opposed to those who use a Card to access the Service) must create a username and password to be associated with use of the Services. Each Member is responsible for maintaining the strict confidentiality of his/her account password and is responsible for any access to or use of the Service by any person or entity using the user name and password (or Card), whether or not such access or use is authorized or not. You agree to immediately notify us of any unauthorized use of your password, account, Card or any other breach of security or misuse associated with the Service. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Use of Service “As Is”

Your use of the Service is at your sole risk. The Service and any goods (including samples), services and information provided through the Service are provided on an “as is” and “as available” basis. Freeosk 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, TITLE AND NON-INFRINGEMENT.

No Warranty

Freeosk makes no warranty that: (a) the Service, any sample or any goods and/or services obtained as a result of the Services will meet your requirements or expectations, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, or (d) any errors in the software or any defects on the Service will be corrected. Freeosk makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Service, including without limitation the accuracy, completeness, usefulness or reliability of text, graphics, links and other items accessed or obtained from or through the Service, including products, samples, discounts and/or deals provided by third parties. Freeosk also assumes no responsibility, and shall not be liable for, any actions of the Card issuer, damages to, or viruses that may infect, your mobile device, computer equipment or other property on account of your access to or use of the Service. If you are dissatisfied with the Service, your sole remedy is to discontinue using the Service.

If you have an issue with any sample, please contact the manufacturer/supplier as listed on the sample. If you contact us we will make reasonable efforts to assist you, by, for example providing you with contact information for the manufacturer/supplier of the sample product.

Release of Freeosk

By using the Service you hereby expressly release Freeosk, its officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) from and against any and all claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Service, your provision of information via the Service, any consequential damages, even if such Protected Entity has been advised of the possibility of such damages; (b) the purchase, receipt and/or use of any products, services, discounts or deals obtained through the Service; (c) the activities of the Card issuer; or (d) any misprints or inaccuracies that may be found to exist on or in connection with the Service.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL FREEOSK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, THE SERVICE, EVEN IF FREEOSK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AGREE TO WAIVE YOUR RIGHTS IF ANY UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

In no event shall the aggregate liability of Freeosk exceed the value of the sample giving rise to such liability or $100, whichever is less.

Indemnification

You agree to defend, indemnify and hold Freeosk and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service, software or other materials available on or through the Service, or your breach or violation of the law or of these Terms. Freeosk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Freeosk’s defense of such claim.

Additional Terms Regarding Samples

Sample products are not manufactured by Freeosk, and Freeosk has no responsibility or liability for your use of any sample. Please read the instructions carefully and use the sample in accordance with the instructions. Samples may not be sold. Samples are only available for limited times while supplies last. The samples available to any person may be limited. The Freeosk may display additional Terms specific to any sample offer. Violations of the terms of any offer are considered violations of these Terms.

Reporting Violations

Please report any violations of these Terms to our Customer Support department.

Termination

Freeosk may terminate, change, suspend or discontinue any aspect of the Service at any time. Freeosk may restrict, suspend or terminate your access to the Service and/or its Services if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. Freeosk maintains a policy that provides for the termination in appropriate circumstances of the Service use privileges of users who, in Freeosk’s sole determination, repeatedly violate the Terms or misuse the Service.

Freeosk Privacy Policy

Users of the Service and any Service are to first read and understand the Freeosk Privacy Policy, which is also incorporated herein by this reference. If you have any questions about the Privacy Policy, you may contact Freeosk for assistance.

Grant of Copyright License in Software

If accessing the Service through mobile app or Internet, Freeosk grants you a personal, nontransferable and non-exclusive right and license to use the object code of its software on a single device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

Freeosk Copyright Notice

Freeosk’s Service and software is Copyright © 2014 Freeosk, Inc. All rights reserved.

As between you and Freeosk, Freeosk retains the copyright in all of the material on this Service You may not republish the information from the Service in books, online services, or any other media now known or later developed, and you may not reproduce, duplicate, copy, sell, resell, exploit or distribute such information or content, in whole or in part, for any commercial or other purpose without the express written permission of Freeosk.

You may access and view the content on the Service on your computer or mobile device, and you may print, reproduce and use the information in, and retrieve downloadable files containing software or images from the Service for your noncommercial, personal, or educational purposes only, provided that you do not modify such information, and that you include any copyright notice originally included with such information and this notice in all such copies.

Freeosk Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Service or available through the Service are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Service are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Service is strictly prohibited.

Terms Governing International Use

We control and operate the Service from our offices in the United States of America. We do not represent that the Service is appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Service will be transferred to and processed within the United States of America.

Governing Law, Miscellaneous

These Terms and the relationship between you and Freeosk shall be governed by the laws of the United States and the State of Illinois, without regard to its conflict of law provisions. You and Freeosk agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, State of Illinois. All parties to these Terms waive their respective rights to a trial by jury. The failure of Freeosk to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or any Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

How To Contact Us

Freeosk, Inc.
info@thefreeosk.com

Last Updated: 05/14/2014