Last modified: January 31, 2024
ACCEPTANCE OF USER AGREEMENT
BY REGISTERING WITH THE SAM EXPONENTIAL, OR BY USING OR PURCHASING OUR SERVICES OR CONTENT, OR BY ACCESSING OUR WEBSITE AND CONTENT (THE “WEBSITE “), INCLUDING THROUGH OUR MOBILE APPLICATIONS, AS PART OF THE THE SAM EXPONENTIAL SERVICES (COLLECTIVELY, THE “SERVICES”), YOU (“YOU” AND “YOUR”) BECOME A “USER” AND AGREE THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH THE SAM EXPONENTIAL, LLC, CHICAGO, IL 60634 (“WE,” “US,” “OUR,” AND “THE SAM EXPONENTIAL”), THE TERMS OF WHICH CONSIST OF THIS USER AGREEMENT, THE CODE OF CONDUCT AND THE SAM EXPONENTIAL’S PRIVACY POLICY (COLLECTIVELY REFERRED TO AS THE “AGREEMENT”, “TERMS OF USE” OR “TERMS”).
IF YOU ARE USING OR ACCESSING SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGE AND UNDERSTAND THAT BOTH YOU, INDIVIDUALLY, AND THE COMPANY OR ENTITY WHICH YOU REPRESENT ARE BOUND BY THIS AGREEMENT.
BY CLICKING “CREATE AN ACCOUNT,” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE, ON BEHALF OF YOURSELF AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY WHICH YOU REPRESENT, TO BE BOUND BY ALL OF ITS PROVISIONS. BY CLICKING “CREATE AN ACCOUNT,” YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR CLICK OF THE “CREATE AN ACCOUNT” BUTTON AS ONE.
Changes to this Agreement
The Sam Exponential reserves the right to modify this Agreement at any time. We will notify you about significant changes to the Terms by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by those Terms. The most current version of the Agreement will supersede all previous versions.
Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific Service, but this Agreement shall still apply to our legal relationship.
Service Eligibility
To be eligible to use the Service, you must meet the following criteria and you hereby represent and warrant that you: (1) are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian; (2) are not currently restricted from the Services, or not otherwise prohibited from having an account on theSamExponential.com, (3) are not a competitor of The Sam Exponential or are not using the Services for reasons that are in competition with The Sam Exponential; (4) will only maintain one The Sam Exponential account at any given time; (5) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, are a party; (6) will not violate any rights of The Sam Exponential, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Membership
You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to book or manage lessons, you must become a registered User. To become a User, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A User may not have more than one active theSamExponential.com Account. We reserve the right to suspend or terminate your theSamExponential.com Account and your access to our Services for any reason.
Disclaimer
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or our Services, any content posted on the Website or transmitted to Users, or any interactions between users of our Services, whether online or offline. We assume no responsibility for ensuring a User’s compliance with any applicable laws, rules and regulations or this Agreement.
OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY. We cannot guarantee and do not promise any specific results from use of our Services.
All information on the Site is provided in good faith and every reasonable effort has been made to ensure that the information provided is as accurate and complete as possible and free from errors; however, the Site assumes no responsibility for errors, omissions, or contrary interpretation, and make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, relevance, validity, reliability, availability, timeliness or completeness of any information on the Site.
Under no circumstance shall we be held liable for any special, direct, indirect, consequential, or incidental loss or damage or any damages of any kind incurred as a result of the use of the Site or reliance on any information provided on the Site.
By using the Site, you accept full personal responsibility for any harm or damage you suffer as a result of your actions arising out of or in connection with the use of the Site or its content.
You agree to use judgment and conduct due diligence to verify any information obtained from the Site before taking any action or implementing any suggestions or recommendations set out on the Site.
Your use of the Site is solely at your own risk and you expressly agree not to rely upon any information contained in the Site.
We reserve the right to make additions, deletions, or modification to the contents on the Site at any time without prior notice.
We do not warrant that the Site is free of viruses or other harmful components.
Any perceived slights of specific persons, peoples, or organizations are unintentional.
Any product, website, and company names mentioned on the Site are the trademarks or copyright properties of their respective owners. We are not associated or affiliated with them in any way.
THE SAM EXPONENTIAL DOES NOT HAVE ANY OBLIGATION TO INSPECT LOCATION(S) WHERE ANY INSTRUCTION WILL TAKE PLACE. THE SAM EXPONENTIAL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY INCIDENTS OCCURRING ON THIRD-PARTY PROPERTIES.
IF YOU ARE DISSATISFIED OR HARMED BY THE SAM EXPONENTIAL OR ANYTHING RELATED TO THE SAM EXPONENTIAL, YOU MAY CLOSE YOUR ACCOUNT ON THESAMEXPONENTIAL.COM AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION G (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE SAM EXPONENTIAL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE DELIVERY OF ANY MESSAGES (SUCH AS DIRECT MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SAM EXPONENTIAL TO ANYONE. IN ADDITION, WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
THE SAM EXPONENTIAL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, THE SAM EXPONENTIAL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. Please carefully select the type of information that you post on the Website or release to others using our Services.
THE SAM EXPONENTIAL DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. THE SAM EXPONENTIAL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. WE DO NOT PROVIDE REFUNDS FOR INTERRUPTIONS BEYOND OUR CONTROL. FURTHERMORE, THE SAM EXPONENTIAL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Pricing
Interpretation and translation rates are agreed to when the contract has been signed, unless the scope or timeframe of the work changes and additional fees may be assessed.
Lesson prices are agreed to at the time of payment for the number of lessons purchased. Lesson prices vary by lesson type and are subject to change at any time. Users are obligated to honor the prices established at the time of payment.
Additional pricing terms and conditions are contained within User accounts and within email correspondence from The Sam Exponential.
Typographical errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Refunds
The Sam Exponential refund and cancellation policy varies per product/program/service: please refer to Refund and Returns Policy for details. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages, unreliable internet connections or anything else beyond our control.
Chargebacks
You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of our Service. We reserve the right to present proof of your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
Termination
This Agreement will remain in full force and effect while you use our Services and/or are a User.
You may terminate your membership at any time, for any reason, by calling us at 312-600-5605, or by sending written notice of termination to The Sam Exponential, 6441 W Irving Park Rd #34532, Chicago, Illinois 60634. To help us analyze and improve our Services, you may be asked to provide a reason for your resignation/cancellation.
We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription or lesson fees. Please review the Code of Conduct for unlawful or prohibited use of The Sam Exponential Services.
The Sam Exponential reserves the right to deny a refund and remove access for anyone who plagiarizes any material found on The Sam Exponential social media accounts, theSamExponential.com or any of its subsidiary brands and websites.
All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Non-Circumvention
During the term of this Agreement and for two years thereafter, no User shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any User introduced by us through our Services, without our consent. In case of such circumvention, such User agrees and guarantees that such User will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had User not circumvented our rights under this Agreement.
No Non-Permitted Use by Users
Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
Account Security
You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your theSamExponential.com Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your theSamExponential.com account.
Your Interactions with Other Users and Our Limitation of Liability
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON USERS. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
b. NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH USERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
c. IN NO EVENT SHALL THE SAM EXPONENTIAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, THE SAM EXPONENTIAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
d. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW,THE LIABILITY OF THE SAM EXPONENTIAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDING TWELVE MONTHS, UP TO A MAXIMUM OF A HUNDRED DOLLARS.
User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but not the obligation, to monitor disputes between you and other Users.
Content within our Services
Proprietary Rights
The Website and our Services contains the copyrighted material, trademarks, and other proprietary information of The Sam Exponential, and its licensors. Any and all materials, paid or free, that You access on this or any related domains are the sole ownership or licensed use of The Sam Exponential. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, record, modify, publish, transmit, distribute, perform, display, construct any kind of public database from, offer for sale or sell any such proprietary information or related communications.
By purchasing any of The Sam Exponential services or products, The Sam Exponential grants you a limited nonexclusive, nontransferable, revocable license to access and use our copyrighted services or products and any associated materials solely for your own personal and non-commercial use. Our services and products are protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our services or products is strictly prohibited. Your purchase of our services or products does not grant you any ownership rights to our services or products.
If your use of Our products is outside of the scope of the original license, We reserve the right to settle the breach of this agreement by sending You an invoice for the licenses you have sent to others.
Licenses for these items are available for purchase, starting at $150 for products with a regular price under $100, $300 for products with a regular price between $100 and $250, $500 for products with a regular price between $251 and $450, $1000 for products with a regular price of $451 or higher. If you choose to take these actions, you will be notified and billed accordingly and access to Our products will be temporarily revoked. You’ll have 14 Days to remit payment to The Sam Exponential. Once you remit payment, your license will be reinstated. If payment is not remitted within 14 Days, we reserve the right to revoke your access to Our product(s) permanently and pursue additional legal action, including but not limited to injunctive relief, civil litigation, and/or criminal prosecution, as applicable under the law.
Reliance on Content, Advice, Etc.
We are not medical, legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of any Service. No part of our Site, the Service or any related content or materials are to be construed as medical, legal or financial advice. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from The Sam Exponential. The Sam Exponential does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.
Opinions, advice, statements, reviews, offers, or other information or content made available through our Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at sam@thesamexponential.com.
Content Posted by You
As a User, you may be able to post Content (herein defined as uploading videos, photos, providing reviews of Services, attendance in live classes online through whatever means The Sam Exponential may use, and other forms of user contributions to the Site or Service). You are solely responsible for the Content that you publish or display (hereinafter, “post”) using our Services, or transmit or display to other Users. You will not post on the Website or Service, or transmit or display to other Users, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, including attending any online class, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, record, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
Submissions and Feedback
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of The Sam Exponential without any compensation or credit to you whatsoever. The Sam Exponential and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Modification to Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted within your User profile, on the Website or communicated through our Services.
Privacy and Communications
Use of our Services is also governed by our Privacy Policy. When you become a User, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications.
Customer Service
We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription or lesson fees.
Commercial Release
By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or your voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.
By submitting reviews on theSamExponential.com, you hereby authorize us and our agents, successors and assigns to use your review verbatim (in part or in whole, except for correction of grammatical or typing errors) for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.
External links
Our Services or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Affiliates Disclosure
Some of the links on this website are “affiliate links.” That means if you click on a link and purchase the item, The Sam Exponential receives an affiliate commission. Please note, The Sam Exponential only recommends products or services that will add value to you. The Sam Exponential discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. If an affiliate link is listed, The Sam Exponential will disclose it to you at the top of each blog post, page, or email newsletter, if applicable.
Notice Regarding Electronic Payment Vendors
Users should be aware some payments may be processed through Stripe or other electronic payment vendors. The Sam Exponential may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, then we encourage you to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from your relationship with The Sam Exponential and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. The Sam Exponential is not responsible for the actions or omissions of any third party payment processor.
U.S. Export Controls
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law and Jurisdiction
You agree that any claim or dispute that has arisen or may arise between you and The Sam Exponential must be resolved exclusively by a state or federal court located in Chicago, Illinois USA. You and The Sam Exponential agree to submit to the personal jurisdiction of the courts located within Chicago, Illinois USA for the purpose of litigating all such claims or disputes.
Notice of Dispute or Claim
You will not file any legal action against The Sam Exponential in any forum without submitting a detailed description of your dispute or claim (“Dispute”) to us via the contact form at the bottom of the page. The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.
Resolution Process
We shall have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with The Sam Exponential. If we agree to mediation, the mediation will take place in Chicago, Illinois USA with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
Litigation
If a dispute between you and The Sam Exponential cannot be resolved informally or through mediation, litigation may be commenced in the courts of Chicago, Illinois USA. Each party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Jury and Class Action Waiver
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
Injunctive Relief
Your breach of these Terms is likely to cause immediate and/or irreparable harm to The Sam Exponential. As such, we may seek injunctive relief against you without the need to post bond.
Release and Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR OTHER USERS OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SAM EXPONENTIAL AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND OUR SERVICES.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SAM EXPONENTIAL AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY SERVICES OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICES OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
No informal waivers, agreements or representations
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Sam Exponential as a result of this agreement or use of Services. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement shall survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns.
How to contact us
Feel free to send questions or comments about this Terms of Use through the contact form or by mail to:
The Sam Exponential
6441 W Irving Park Rd #34532
Chicago, Illinois 60634
USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THE TERMS.
Thank you.