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TERMS & CONDITIONS

TERMS & CONDITIONS

Sam Marcel, welcomes you to the Sam Marcel web site (the "Site").  Sam Marcel, its affiliates, subsidiaries, or designees, provide their services to you subject to the following conditions. If you visit or shop at the Site, you accept these conditions. Please read them carefully. In addition, when you use any current or future Site service or visit or purchase from any business affiliated with the Site, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Sam Marcel maintains the Site for your personal enjoyment, information, education and shopping convenience.

You are encouraged to use and enjoy the Site, and with your use of the Site you agree to these Terms of Use set forth below and the disclaimers and terms and conditions stated on the Site ("Terms of Use").

You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Sam Marcel. It is strictly prohibited to download the images of the products for sale within this site.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site is prohibited.

The Site is provided on an "AS IS," "as available" basis. Neither Sam Marcel nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the Site will be uninterrupted or error-free. Neither Sam Marcel nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, ABH makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. Sam Marcel specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Sam Marcel, nor its associates, shall create a warranty. You expressly agree that use of the Site is at your sole risk.

Under no circumstances shall Sam Marcel or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of terrorism, acts of God, communications failure, theft, destruction or unauthorized access to Sam Marcel records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of Sam Marcel has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and SM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). SM may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.

Content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and SM owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more patents mat be pending that apply to this site.

The SM logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SM and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

SM does not want to receive confidential, proprietary or trade secret information through the Site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the Site will be deemed non-confidential, and, by submitting any such information, you are granting SM an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or are otherwise required by law to do so.

Certain software from the Site may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any Content derived from ABH to either a foreign national or a foreign destination in violation of any such laws.

The Site is created, operated and controlled by SM in the State of California, United States of America. As such, the laws of the State of California will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Site and these Terms of Use at any time by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

The Web site address for the Site is http://www.sammarcel.com

References to SM herein refer to any affiliates, subsidiaries and designees as deemed appropriate by SM.

The Site contains, or may contain links to other third party sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. SM makes no representations whatsoever about any other web sites which you may access through the Site. When you leave the Site, please understand that SM has no control over the content on that web site. In addition, a link to a non-SM web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. SM makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

SM understands that children need special safeguards and privacy protection. SM realizes that children may not understand all the provisions of ABH's Terms of Use policy or be able to make thoughtful decisions about the choices that are made available to the adult users. Therefore, SM strongly urges all parents to participate in their children's exploration of this Site, the Internet and any online services, and to teach their children about protecting their personal information while online. Furthermore, although the Site is not designed for use by children under the age of 13, SM does not solicit personal information from children under the age of 13. SM will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted or posted personally identifiable information and the parent or guardian wishes to have it deleted, please contact the Site's host. Furthermore, SM may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

SM Mobile Program Terms & Conditions

Sam Marcel offers, or may offer in the future, various single-message mobile services (collectively, the ‘Mobile Program’). For example, you may receive a link for texting a short code to an identified number. By sending a mobile message to participate in the Mobile Program, or by otherwise using or participating in the Mobile Program, you agree to these Mobile Messaging Terms and Conditions (the ‘Terms’). Furthermore, by sending a mobile message to participate in the Mobile Program, or by otherwise using or participating in the Mobile Program, you consent to the collection, use and disclosure of your personal information in accordance with SM's Privacy Policy. These Terms may change from time to time, and we will post any updates here..

You must be 18 or older to participate in SM’s Mobile Program. Message and data rates apply. The following carriers are currently supported by ABH’s Mobile Program: ACS Alaska, AT&T, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost (Sprint), Cellcom, Cellular One, C Spire (formerly Cellular South), Cincinnati Bell, Cricket, Cross, Eastern Kentucky Network, Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, MetroPCS, Mobi PCS, Mosaic, Nex-Tech Communications, nTelos, Panhandle, Pioneer Cellular, Plateau Wireless, Revol Wireless, Simmetry Wireless, Sprint/Nextel, Syringa Wireless, T-Mobile, Thumb Cellular, U.S. Cellular, Union Wireless, United Wireless, Verizon Wireless, Virgin Mobile, West Central Wireless. Additional carriers may be added as they become supported. T-Mobile is not liable for delayed or undelivered messages.

Alternatively, you may email us at info@sammarcel.com or call (800)317-1152

When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.

OUR RIGHT TO USE USER CONTENT

YOU DO NOT HAVE TO SUBMIT ANYTHING TO US, BUT IF YOU CHOOSE TO SUBMIT ANY USER CONTENT TO THE SITE, IT WILL BE DEEMED NON-PROPRIETARY AND NON-CONFIDENTIAL AND MAY BE USED BY US, OUR AFFILIATES OR OTHERS WITHOUT RESTRICTION. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ANY AND ALL RIGHTS IN AND TO THE USER CONTENT THAT YOU SUBMIT AND THAT OUR PUBLIC POSTING AND USE OF THAT USER CONTENT WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF ANY THIRD PARTY IN ANY MANNER, INCLUDING WITHOUT LIMITATION ANY PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. BY SUBMITTING, SENDING, POSTING, UPLOADING, MODIFYING OR OTHERWISE PROVIDING INFORMATION, MATERIAL, OR ANY OTHER COMMUNICATION TO US INCLUDING USER CONTENT, WHETHER SOLICITED OR UNSOLICITED, YOU GRANT US AND OUR DESIGNEES THE ROYALTY-FREE, FULLY PAID, UNRESTRICTED, WORLDWIDE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, AND FULLY TRANSFERABLE, ASSIGNABLE, SUBLICENSABLE RIGHT AND LICENSE TO USE, COPY, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, IMPROVE, DISTRIBUTE, COMMERCIALIZE, PERFORM, OR DISPLAY SUCH USER CONTENT (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND PROMOTIONAL PURPOSES, REPRODUCTION, TRANSMISSION, PUBLICATION, BROADCAST AND POSTING WITHOUT ANY FURTHER CONSENT BY YOU OR NOTICE, CREDIT AND/OR COMPENSATION TO YOU OR ANY THIRD PARTIES. YOU ALSO HEREBY DO AND SHALL GRANT EACH USER OF THE SITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER CONTENT THROUGH THE SITE, AND TO USE, EDIT, MODIFY, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY AND PERFORM SUCH USER CONTENT. WE AND OUR DESIGNEES ALSO HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO USE YOUR USER NAME (AND REAL NAME, IMAGE, LIKENESS OR OTHER IDENTIFYING INFORMATION, IF PROVIDED IN CONNECTION WITH USER CONTENT), CITY AND STATE IN CONNECTION WITH BROADCAST, PRINT, ONLINE OR OTHER USE OR PUBLICATION OF YOUR USER CONTENT. WE AND OUR DESIGNEES MAY USE OR OTHERWISE TRANSFER, REMOVE OR DISPOSE OF ANY AND ALL USER CONTENT WITHOUT RESTRICTION AND USERS OF THE SITE SHALL NOT BE ENTITLED TO ANY COMPENSATION WHATSOEVER FOR ANY SUCH USE, TRANSFER OR DISPOSITION OF USER CONTENT BY US. NOTWITHSTANDING THE FOREGOING, PERSONALLY IDENTIFIABLE DATA, IF ANY, INCLUDED IN USER CONTENT SHALL BE HANDLED IN ACCORDANCE WITH OUR PRIVACY POLICY.

 

THESE TERMS OF USE REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND ABH REGARDING YOUR RELATIONSHIP WITH ABH AND SUPERSEDE ANY PRIOR STATEMENTS OR REPRESENTATIONS. ABH MAY AT ANY TIME REVISE THESE TERMS OF USE BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS OF USE TO WHICH YOU ARE BOUND. BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.