ACCEPTANCE OF THE TERMS OF SERVICE
THE FOLLOWING TERMS & CONDITIONS (“TERMS & CONDITIONS”) ARE APPLICABLE TO THE USE OF THE WWW.BPERX.COM WEBSITE AND OTHER AFFILIATED WEBSITES (THE “SITES”) WHICH IS(ARE) OPERATED BY SUBDIRECT (“WE,” “US,” OR “OUR”). PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE ANY OF THE SITES. YOUR USE OF A SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS AND CREATES A BINDING CONTRACT BETWEEN YOU AND US. IF YOU FIND THE TERMS & CONDITIONS TO BE UNACCEPTABLE, THEN YOU ARE NOT AUTHORIZED TO USE THE SITES AND, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES. WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS & CONDITIONS:
Mandatory Arbitration. Section 10 of these Terms & Conditions contains a mandatory arbitration provision that requires you to individually arbitrate (not in court) any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Sites. We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. This is explained in more detail in Section 10 below, but we put this up front (and in caps) because it’s important:
THESE TERMS & CONDITSIONS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS & CONDITIONS, YOU AND WE AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS & CONDITIONS, YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SITES, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND THAT YOU UNDERSTAND AND ACCEPT THESE TERMS & CONDITIONS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS & CONDITIONS.
We comb the Internet for links to sites that offer the best free samples of brand name products including household goods and health and beauty aids (“Free Sample Links”). We are able to provide the Free Sample Links at no charge to our users by them providing us with certain information about themselves that enables us to identify products and services that may interest them and sharing this information with our marketing partners. Our marketing partners compensate us for connecting them with interested consumers.
To qualify to get access to the Free Sample Links, you’ll need to enter a valid e-mail address as well as your name, address, and date of birth. You may also need to respond to a series of survey questions. You may also be asked to confirm that all of your information is accurate and agree to be contacted by our marketing partners, typically via email. In some cases, we will ask you to consent to be called and/or texted by our marketing partners. You do not need to consent to be called or texted to purchase the advertised item or to gain access to the Free Sample Links. Then, you will be presented with Free Sample Links which enable you to get samples of cosmetics, household items and other goods or services from your favorite brands. If you click on a particular link, you’ll usually be directed to a website operated by the provider of the free sample who may ask for your contact information so they can send you the free sample. The products and goods and services offered in the Free Sample Links may change from time to time so please stop back and see what’s available.
You may choose or be provided with a user name, password, or any other piece of information as part of our security procedures. You must treat such information as confidential (other than your user name), and you must not disclose it to others. We will act as though any electronic communications we receive under your user name have been sent by you. You must immediately notify us (at firstname.lastname@example.org) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We do not guarantee the security of any information transmitted to or from you over the Internet, including through the use of e-mail. You may only access the Sites through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
We may withdraw or amend the Sites or their content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, some of the Sites, their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms & Conditions.
The Sites are intended for use by United States residents who are at least 18 years of age. We do not represent that all content, materials and services on our Sites are appropriate or available for use in geographic locations outside the United States, and accessing the Sites from certain locations may be illegal and prohibited. You agree not to access the Sites or any content, materials and services on the Sites where prohibited by law. We are not responsible for your compliance with local laws or other applicable laws.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Sites, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Sites (“Equipment”). We will not be responsible for any interruption of service or access resulting from any failure of any of such Equipment.
You may not use the Sites in any manner that could damage, disable, overburden, or impair any of the Sites or servers, or the network(s) connected to any of the Sites or servers, or interfere with any other party's use and enjoyment of any of the Sites or servers. You may not attempt to gain unauthorized access to any part of the Sites, other accounts, computer systems or networks connected to any of the Sites or servers through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
The Sites contain the Free Sample Links and other links to third party websites which are independent of the Site. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the website. These linked websites in many cases are not under our control and we are not responsible for the functionality, services or contents of any linked site or any link contained in a linked site, any data sent to or received from such sites, or any changes or updates to such sites. You should review the terms and conditions and privacy policies applicable to these third party websites which will govern such data. The Free Sample Links and other information, links, samples and services provided on the Sites and the content, information, documents, graphics and images displayed on the Sites are provided by us and our marketing partners, sample providers, sample manufacturers and other third parties “AS IS” and may include or contain inaccuracies, typographical errors or other errors.
We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any Free Sample Link or any other linked website. We do not endorse any website contained within any Free Sample Link or any other linked website, or the products or services described therein and are not responsible for and disclaim all liability for these third party websites. Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.
You also understand and agree that the Sites may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability. We make no commitment to update or correct any errors on the Sites.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS, NEITHER WE NOR ANY OF OUR MARKETING PARTNERS, SAMPLE PROVIDERS OR THE SAMPLE MANUFACTURERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES, THE FREE SAMPLE LINKS OR OTHER GOODS OR SERVICES PROVIDED THEREIN. WE PROVIDE THE SITE AND OTHER SERVICES “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS MAKE NO, AND HEREBY DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SITES, OR THAT THE SITES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. WE AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS MAKE NO, AND HEREBY DISCLAIM ANY, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. If a disclaimer of implied warranties is not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date the specific Site was accessed. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
WHEN PERMITTED BY LAW, WE AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF WE AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, FOR ANY CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE AND THE SERVICES.
IN ALL CASES, WE AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) these Terms & Conditions and/or any breach or alleged or threatened breach by you; (b) your use of the Sites or any search results or other content or materials or services transmitted or received by you; (c) any unacceptable or objectionable use of the Sites by you; or (d) any negligent or willful misconduct by you.
As noted above, we cannot guarantee the confidentiality of information provided over the internet such as, for example, when using the Sites, or sending or receiving e-mail messages. We will not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality from your use of the Sites.
The Sites including the Free Sample Links are made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, publicly perform, republish, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Sites for any purpose, nor delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites. Portions of the Sites are proprietary to us and are protected by United States and international intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all of our rights. Some of the services and content on the Sites are provided by third parties and is proprietary to these third parties.
The names of companies and products that we do not own and that are mentioned on the Sites may be the trademarks of their respective owners. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited.
You may not use the Sites to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the search results and reformat and display them, or mirror the Sites home page or search results pages on your website.
For clarity, the foregoing permissions are limited to the Sites, and no rights are granted with respect to any servers, computers, or databases associated with the Sites.
We strictly prohibit user fraud and abuse relating to access to and use of the Sites. In accessing the Sites, or any other activities, products or services offered by or through the Sites, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these Terms & Conditions, and (c) you will not circumvent or attempt to circumvent any provision these Terms & Conditions or any security feature on the Sites or engage in any activity that interrupts or attempts to interrupt the Site’s operation. You may use the Sites only for lawful purposes and in accordance with these Terms & Conditions. You agree not to access or use the Sites for any purpose that is illegal or beyond the scope of the intended use (in our sole judgment).We may take action, including disabling a user’s account, if we deem that a user is exhibiting unusual patterns of behavior and/or randomly and/or excessively clicking on a link or links after performing a search.
You agree that these Terms & Conditions constitute the agreement between you and us and shall be construed and governed in accordance with the laws of the State of California, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and we agree to submit to the exclusive jurisdiction of the Superior Court of Fresno County, California, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of California. You and we agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms & Conditions. This paragraph will be interpreted as broadly as applicable law permits.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You may opt-out of Binding Arbitration by providing written notice of your decision to bPerx, 653 W Fallbrook Ave Ste 101, Fresno, CA, 93711 within thirty (30) days of the date that you first use our Sites. You may not opt-out of the class action waiver.
If you have a dispute concerning any aspect of these Terms & Conditions or the Sites, you agree to first contact customer support on our Sites or by completing a customer support ticket. If Customer Support doesn’t resolve your dispute to your satisfaction, you agree to start a formal dispute proceeding by completing a Dispute Form. Completing a Dispute Form will elevate your dispute and we will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of your Dispute Form. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don’t accept it, or we can’t otherwise satisfactorily resolve your dispute, you agree to submit your dispute for resolution by binding arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/. This means that you and we agree to a dispute-resolution process where we submit any dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the dispute. AAA uses experienced professionals to arbitrate disputes, which helps you and us resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim. The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Fresno, California.
If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable. If you proceed to arbitration, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims you bring of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.
Class Action Waiver
To the maximum extent permitted by applicable law, you and we agree to only bring disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms & Conditions and all other actions or arbitrations. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
If all or any provision of this section 11 (Binding Arbitration) is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed and the rest of these Terms & Conditions shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and we agree that it will not be severable; this entire Binding Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms & Conditions. Under no circumstances shall arbitration be conducted on a class basis without our express consent.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Any provision of these Terms & Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
We may update these Terms & Conditions from time to time. You should check this page regularly to take notice of any changes. Your continued use of the Sites following the posting of revised Terms & Conditions means that you accept and agree to the changes.
Customer Service Contact Information
653 W Fallbrook Ave
Fresno, California 93711