Terms & Conditions
Last updated on: June 11, 2024
Specific rights and responsibilities for the processing and security of customer data can be found in our Data Processing Addendum.
Acceptance of Terms
SamCart Inc., (“SamCart,” “us,” or “we”) provides access to an online web application that facilitates online payments for its users through SamCart.com (the “Site”), and related applications—which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by SamCart are referred to here as the “Service.”
Please read these Terms of Use (the “Terms”) carefully before using the Service. By creating a SamCart account, using the Site or Services, or clicking to accept or agree to these Terms anywhere that option is available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which is incorporated by reference herein, and (3) accept and agree to the additional terms, rules, or conditions of any promotional offer made by SamCart at any time. If you do not agree to these Terms, you may not access or use the Content or the Service.
SamCart does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18 years of age, you may use https://www.samcart.com (and/or make purchases associated with the Site or the Service) only under the supervision of a parent or guardian.
Changes to the Terms
Except for Section 12, which provides for binding arbitration and a waiver of class action rights, SamCart reserves the right, in its sole discretion, to change the Terms under which the Site is offered at any time. The most current version of the Terms will supersede all previous versions. SamCart encourages you to periodically review the Terms to stay informed of our updates. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
Communications
You consent to receive communications from us and agree that all notices, disclosures, and other communications that we provide to you electronically (including, but not limited to email and SMS) satisfy any legal requirement that such communications be in writing.
As a result of your registration for the Service, you may also receive certain commercial communications from SamCart. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using relevant opt-out functionality or sending an email to support@samcart.com. Following such an opt-out, we may still communicate with you to the extent permitted by applicable law.
Additionally, you consent to receive marketing text messages (e.g. promos, cart reminders) from SamCart at the phone number provided. Consent is not a condition of purchase. Terms: Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or reply HELP for help
Your account
In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or SamCart has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, SamCart may deny you access to the Service, or terminate your account, at its sole discretion.
You must be 18 years or older to use this Service (and/or make purchases associated with the Site or the Service) without the supervision of a parent or guardian.
If you register an account for the Service on behalf of an entity, such as your employer, the entity shall be the Account Owner. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and our Privacy Policy.
You agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with these Terms and the billing terms that are in effect at the time that such fees or charges become payable. SamCart may, in its sole discretion and at any time, change any rates and/or fees in respect of any services hereunder (including the Service) with thirty (30) days’ written notice to you. You are fully liable for all charges to your account, and you represent to SamCart that you are an authorized user of all methods of payment that you use to pay any charges under your account.If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SamCart is not responsible for third party access to your account that results from theft or misappropriation of your account. SamCart and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify SamCart of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. SamCart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Billing, Refund & Cancellation Policy
You agree to pay SamCart any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service.
Subscriptions
SamCart sells a variety of Services, some of which are on a subscription basis that include their own “Billing cycle”. Billing cycles are typically monthly or annually, depending on which terms you choose for the Services. Payment will be charged to your chosen payment method at purchase at the start of each new Billing cycle. Your Service subscription will automatically renew at the end of each Billing cycle unless you cancel your account. If your payment for the renewal of your annual subscription fails, SamCart reserves the right to adjust your payment terms to a monthly payment as long as the total cost does not exceed the original annual price the customer agreed to at the time of purchase. If you are unable to provide a successful payment for any subscription, SamCart reserves the right to cancel your subscription.
We (through our third-party payment processors) will keep your payment information on file. We do not access this information, except through provided programmatic methods by the provider(s). When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables your subscription charges to continue on schedule so you can maintain access to the Service. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Cancellation
You may request to cancel your Service through the Billing page in your SamCart dashboard, by contacting SamCart Billing Support via email at billing@samcart.com, or via the help widget found inside your SamCart dashboard. Your Service will continue until the end of your Billing cycle cancellation as charges are not based on usage. In order to avoid being charged for the Service on the next billing date, you must submit your request to cancel your Service at least 5 days prior to your next billing date using one of the outlined cancellation methods above. If you cancel your Service prior to the end of your current, paid billing cycle, you will not receive a prorated refund.
If you cancel your SamCart account, we reserve the right to delete any and all data associated with your account, including any hosted videos or sales pages.
Refunds
Refunds are not guaranteed and will only be considered if they are requested for SamCart annual subscriptions that are paid upfront and requested within 30 days or less of the original purchase date, depending on the refund policy of the product purchased. There will be no refunds issued for annual subscriptions that were not canceled before the renewal of the plan. An approved refund cannot exceed the payment amount. Monthly subscriptions are not eligible for a refund.
If you initially sign up for a SamCart plan that includes a free, discounted, or paid trial period:
- If you cancel prior to your first charge following the trial period, you will not be charged.
- If you do not cancel before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends.
Please contact SamCart Billing Support at billing@samcart.com with any questions.
For CreatorU associated subscriptions, refunds are not applicable. Credits can be issued for annual subscriptions and one-time purchases if requested within 30 days from the original purchase date or renewal date. The credit cannot exceed the original price paid and will only be valid one year from the issued date and can only be used for other CreatorU or SamCart products. For Monthly subscriptions, neither credits nor refunds are applicable. Canceling your subscription or requesting a credit can be done by contacting support@creatoru.com. Credits issued are at the discretion of the SamCart and CreatorU teams. Credits are not guaranteed and SamCart or CreatorU reserve the right to change their credit and refund policy at any time.
SamPay
SamCart offers access to a payments platform through which you may process payment transactions with your customers, students or other users (“SamPay”). We use a third party payments processor and platform provider (“Stripe”) to facilitate SamPay (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take steps as we may advise in order to migrate the SamPay service to another Provider.
Fees. We will charge you a fee for every transaction you process through SamPay, including purchase/payment transactions and credit/refund/return transactions. Fees are no different than Stripe standard fees. Fees for SamPay are payable by you to SamCart in accordance with the Pricing Schedule posted on our website.
Stripe Connected Accounts. Where Stripe is the Provider, the following provisions will apply:
To connect to our platform and process payments through Stripe, we will create a Stripe account (a “Stripe Connect Account”) for you that is connected to the SamCart platform. You will be required to accept the terms of the Stripe Connected Account Agreement and Stripe Services Agreement as well as any other documentation that Stripe may require (the “Stripe Documentation”). You agree to comply with the Stripe Documentation and not to engage in any activity that is expressly prohibited by the Stripe Documentation. Stripe processes your personal information in accordance with its own privacy policy, available here: http://stripe.com/privacy. Stripe may deny the creation of a Stripe Connect Account or may suspend or terminate a Stripe Connect Account, in its discretion in accordance with the Stripe Documentation.
You agree that we can directly access your Stripe Connect Account dashboard, including information about your transactions (including purchases and refunds) and Stripe account balance (your “Connected Account Data”), in order to collect fees, process payments and refunds, handle disputes, process Chargebacks, and any other activity necessary to provide SamPay or other Services in accordance with these Terms of Service and our Privacy Policy, and you give us express authorization to conduct any of the above activities on your behalf through your Stripe Connect Account.
We may exchange Connected Account Data with Stripe as necessary to detect and prevent fraud, misuse, unlawful, abusive or deceptive activity, and otherwise to allow SamCart and Stripe to each comply with our legal and regulatory obligations.
You represent and warrant that all information provided to SamCart or Stripe in connection with the creation or maintenance of a Stripe Connected Account is true and accurate in all material respects at all times.
You agree to indemnify, defend and hold harmless SamCart and Stripe and their respective affiliates from any claims brought by a third party arising out of any activity conducted through a Stripe Connect Account or arising out of your breach of these Terms of Service or the Stripe Documentation.
Taxes
Our prices listed do not include any sales taxes, levies, duties, or similar governmental assessments of any nature by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to SamCart is subject to Taxes, SamCart may, at its sole discretion, collect from you the full amount of any such Taxes, even if SamCart has not previously collected such amounts. Any changes to your Account or Subscription (including any upsell, upgrade, downgrade, or other modification) may result in SamCart collecting from you applicable Taxes.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SamCart and SamCart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SamCart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SamCart of the site or any association with its operators.
Any fees charged by Linked Sites are not included in any subscription or other fees payable by you to SamCart. SamCart may also provide access to third-party vendors who provide information, goods and/or services on the Site or through the Service. Any separate charges or obligations you incur in your dealings with Linked Sites or other third parties are your responsibility. SamCart makes no representation or warranty regarding any information, goods and/or services provided by any Linked Sites or other third parties.
SamCart shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any information, goods, or services made available on any Linked Sites; and you assume any and all risks, known or unknown, now existing or hereafter arising, that are related to your use of (or reliance upon) the Linked Sites.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that SamCart may share such information and data with any third party with whom SamCart has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Intellectual Property of SamCart and Its Suppliers
You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the Site and/or the Service strictly in accordance with these terms of use. As a condition of your use of the Site and/or the Service, you warrant to SamCart that you will not use the Site and/or the Service for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws, statutes, regulations, orders, and/or other requirements, in any jurisdiction and at any level (e.g., municipal, county, provincial, state or national). You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not collect or aggregate information regarding other users’ actions related to the Service, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will keep all passwords and other login information confidential, and you will use reasonable efforts to prevent unauthorized access to or use of the Service. You will promptly notify SamCart if you become aware of (or reasonably suspect) any illegal activity, unauthorized access, or security breach in respect of your account.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SamCart or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, de-compile, hack, participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part, found on the Site. SamCart content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of SamCart and/or the copyright owner (as applicable). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SamCart or our licensors except as expressly authorized by these Terms.
User Content
You retain ownership of, responsibility for, and all liability in respect of all content submitted by you to SamCart through the service. By submitting, posting or displaying Content on or through the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with SamCart’s offering of the SamCart service to you.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You also grant SamCart a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with Your Account to promote the Service.
You understand that any content that you upload to the Service shall be deemed non-confidential. You must not transmit any content on or through the Service through any means of communication that you consider to be confidential or proprietary. SamCart reserves the right to limit the size of any content you upload to the Service shall it be deemed excessive in size by SamCart.
Additionally, by uploading content to the Site or Service, you warrant, represent and agree that you have the right to upload such content to the Site or Service and that you have the right to grant SamCart the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, (g) violates any applicable laws, statutes, regulations, orders, and other requirements, in any jurisdiction and at any level (e.g., municipal, county, provincial, state or national), and/or (h) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. SamCart reserves the right in its discretion to remove any Content from the Site or Service, suspend or terminate your account at any time, change your Samcart subdomain, or pursue any other remedy or relief available under equity or law.
You further represent and warrant that you will not upload (or otherwise add) any content to the Site or to the Service that promotes, markets, encourages, or otherwise facilitates: (i) any illegal business activity; (ii) the sale or use of any illegal drugs, or the use of any substances other than as permitted by applicable law; (iii) any multi-level marketing activity (except as may be expressly permitted by the United States Federal Trade Commission’s Business Guidance Concerning Multi-Level Marketing; and/or (iv) the delivery of any “junk mail,” including, but not limited to, messaging related to gambling, investment opportunities, direct-to-consumer sales, and “payday loan” programs.
SamCart does not control content uploaded to the Site and/or the Service by users, and SamCart neither endorses nor accepts responsibility for any such content. SamCart shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any content uploaded (or otherwise added) to the Site or to the Service by other users; and you assume any and all risks, known or unknown, now existing or hereafter arising, that are related to your use of (or reliance upon) content uploaded (or otherwise added) to the Site or to the Service by other users.
You may not engage in abusive or excessive usage of the Site, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Product for other users. SamCart will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to SamCart.
Copyright Policy
SamCart respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
DMCA Copyright Agent
SamCart Inc.
11850 West Market Place
Suite C
Fulton, MD 20759
Email: support@samcart.com
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://lumendatabase.org/notices/12073901#.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, SamCart will also terminate a user’s account if the user is determined to be a repeat infringer.
Third Party Accounts
You will be able to connect your SamCart account to third party accounts. By connecting your SamCart account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by SamCart from our offices within the USA. SamCart makes no representation that the Service (or any Content associated therewith) is appropriate or available for use in any other locations. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SamCart Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations (including, without limitation, by exporting or transmitting any elements of the Service or associated Content into any country to which the USA has embargoed goods, or to any person on any jurisdiction’s applicable sanctions lists).
Indemnification
You agree to indemnify, defend and hold harmless SamCart, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SamCart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SamCart in asserting any available defenses.
Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by email at support@samcart.com, or via the in-Service communication (Intercom) found inside your SamCart dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
If a dispute arises relating to the services provided under these Terms, you shall promptly provide written notice to SamCart. The notice shall clearly outline the nature of the dispute, including relevant details, and the desired resolution. Upon receipt of the notice, SamCart shall have a period of 30 days (the “Cure Period”) to address the concerns raised by you. During this Cure Period, both parties shall engage in good faith negotiations to seek a mutually acceptable resolution. If, at the end of the 30-day Cure Period, the parties have been unable to reach a mutually satisfactory resolution, either party may proceed with legal action as permitted by this agreement and applicable laws.
Our Customer Support Department is available by email at support@samcart.com, or via the in-Service communication (Intercom) found inside your SamCart dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction.
Class Action Waiver
The parties further agree that any in the event a dispute between them is to be litigated, the litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAMCART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the County of Howard, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Attorney’s Fees
In the event of any legal action arising from or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with the dispute, to the extent permitted by applicable laws.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Changes to this Section
SamCart will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAMCART, INC. AND/OR ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AGENTS, AND/OR SUBCONTRACTORS (COLLECTIVELY, THE “SAMCART PARTIES”) MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR THE SERVICE AT ANY TIME. THE SAMCART PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICE (OR ANY PART THEREOF, INCLUDING CONTENT) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AND THE SERVICE (AND ANY CONTENT ASSOCIATED THEREWITH) ENTIRELY AT YOUR OWN RISK.
THE SAMCART PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS WITH RESPECT TO THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAMCART PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN RESPECT OF THE SITE AND THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY EXPRESS OR IMPLIED WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE SAMCART PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE SERVICE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THE SAMCART PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICE.
THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT UNDER THESE TERMS SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR ANY OTHER RIGHT UNDER OR RELATED TO THESE TERMS.
Termination/access restriction
SamCart reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These Terms (and the obligations imposed upon you thereby) shall survive such termination to the extent that such survival is intended by their language, nature, and/or context. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SamCart as a result of this agreement or use of the Site. SamCart may assign these Terms, in whole or in part, at any time. You may not assign, transfer, or sub-license these Terms (or any of Your rights or obligations under these Terms) without SamCart’s express prior written consent. You agree that SamCart does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. SamCart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SamCart’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SamCart with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and shall have no effect in respect of the interpretation of any section or provision hereof. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SamCart with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SamCart with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
SamCart Affiliate Terms & Conditions can be found here.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact Us
SamCart welcomes your questions or comments regarding the Terms:
SamCart, Inc.
11850 West Market Place, Suite C
Fulton, Maryland 20759
Email Address: support@samcart.com
Specific rights and responsibilities for the processing and security of customer data can be found in our Data Processing Addendum.
Acceptance of Terms
SamCart Inc., (“SamCart,” “us,” or “we”) provides access to an online web application that facilitates online payments for its users through SamCart.com (the “Site”), and related applications—which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by SamCart are referred to here as the “Service.”
Please read these Terms of Use (the “Terms”) carefully before using the Service. By creating a SamCart account, using the Site or Services, or clicking to accept or agree to these Terms anywhere that option is available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which is incorporated by reference herein, and (3) accept and agree to the additional terms, rules, or conditions of any promotional offer made by SamCart at any time. If you do not agree to these Terms, you may not access or use the Content or the Service.
SamCart does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18 years of age, you may use https://www.samcart.com (and/or make purchases associated with the Site or the Service) only under the supervision of a parent or guardian.
Changes to the Terms
Except for Section 12, which provides for binding arbitration and a waiver of class action rights, SamCart reserves the right, in its sole discretion, to change the Terms under which the Site is offered at any time. The most current version of the Terms will supersede all previous versions. SamCart encourages you to periodically review the Terms to stay informed of our updates. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
Communications
You consent to receive communications from us and agree that all notices, disclosures, and other communications that we provide to you electronically (including, but not limited to email and SMS) satisfy any legal requirement that such communications be in writing.
As a result of your registration for the Service, you may also receive certain commercial communications from SamCart. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using relevant opt-out functionality or sending an email to support@samcart.com. Following such an opt-out, we may still communicate with you to the extent permitted by applicable law.
Additionally, you consent to receive marketing text messages (e.g. promos, cart reminders) from SamCart at the phone number provided. Consent is not a condition of purchase. Terms: Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or reply HELP for help
Your account
In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or SamCart has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, SamCart may deny you access to the Service, or terminate your account, at its sole discretion.
You must be 18 years or older to use this Service (and/or make purchases associated with the Site or the Service) without the supervision of a parent or guardian.
If you register an account for the Service on behalf of an entity, such as your employer, the entity shall be the Account Owner. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and our Privacy Policy.
You agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with these Terms and the billing terms that are in effect at the time that such fees or charges become payable. SamCart may, in its sole discretion and at any time, change any rates and/or fees in respect of any services hereunder (including the Service) with thirty (30) days’ written notice to you. You are fully liable for all charges to your account, and you represent to SamCart that you are an authorized user of all methods of payment that you use to pay any charges under your account.If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SamCart is not responsible for third party access to your account that results from theft or misappropriation of your account. SamCart and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify SamCart of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. SamCart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Billing, Refund & Cancellation Policy
You agree to pay SamCart any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service.
Subscriptions
SamCart sells a variety of Services, some of which are on a subscription basis that include their own “Billing cycle”. Billing cycles are typically monthly or annually, depending on which terms you choose for the Services. Payment will be charged to your chosen payment method at purchase at the start of each new Billing cycle. Your Service subscription will automatically renew at the end of each Billing cycle unless you cancel your account. If your payment for the renewal of your annual subscription fails, SamCart reserves the right to adjust your payment terms to a monthly payment as long as the total cost does not exceed the original annual price the customer agreed to at the time of purchase. If you are unable to provide a successful payment for any subscription, SamCart reserves the right to cancel your subscription.
We (through our third-party payment processors) will keep your payment information on file. We do not access this information, except through provided programmatic methods by the provider(s). When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables your subscription charges to continue on schedule so you can maintain access to the Service. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Cancellation
You may request to cancel your Service through the Billing page in your SamCart dashboard, by contacting SamCart Billing Support via email at billing@samcart.com, or via the help widget found inside your SamCart dashboard. Your Service will continue until the end of your Billing cycle cancellation as charges are not based on usage. In order to avoid being charged for the Service on the next billing date, you must submit your request to cancel your Service at least 5 days prior to your next billing date using one of the outlined cancellation methods above. If you cancel your Service prior to the end of your current, paid billing cycle, you will not receive a prorated refund.
If you cancel your SamCart account, we reserve the right to delete any and all data associated with your account, including any hosted videos or sales pages.
Refunds
Refunds are not guaranteed and will only be considered if they are requested for SamCart annual subscriptions that are paid upfront and requested within 30 days or less of the original purchase date, depending on the refund policy of the product purchased. There will be no refunds issued for annual subscriptions that were not canceled before the renewal of the plan. An approved refund cannot exceed the payment amount. Monthly subscriptions are not eligible for a refund.
If you initially sign up for a SamCart plan that includes a free, discounted, or paid trial period:
- If you cancel prior to your first charge following the trial period, you will not be charged.
- If you do not cancel before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends.
Please contact SamCart Billing Support at billing@samcart.com with any questions.
For CreatorU associated subscriptions, refunds are not applicable. Credits can be issued for annual subscriptions and one-time purchases if requested within 30 days from the original purchase date or renewal date. The credit cannot exceed the original price paid and will only be valid one year from the issued date and can only be used for other CreatorU or SamCart products. For Monthly subscriptions, neither credits nor refunds are applicable. Canceling your subscription or requesting a credit can be done by contacting support@creatoru.com. Credits issued are at the discretion of the SamCart and CreatorU teams. Credits are not guaranteed and SamCart or CreatorU reserve the right to change their credit and refund policy at any time.
SamPay
SamCart offers access to a payments platform through which you may process payment transactions with your customers, students or other users (“SamPay”). We use a third party payments processor and platform provider (“Stripe”) to facilitate SamPay (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take steps as we may advise in order to migrate the SamPay service to another Provider.
Fees. We will charge you a fee for every transaction you process through SamPay, including purchase/payment transactions and credit/refund/return transactions. Fees are no different than Stripe standard fees. Fees for SamPay are payable by you to SamCart in accordance with the Pricing Schedule posted on our website.
Stripe Connected Accounts. Where Stripe is the Provider, the following provisions will apply:
To connect to our platform and process payments through Stripe, we will create a Stripe account (a “Stripe Connect Account”) for you that is connected to the SamCart platform. You will be required to accept the terms of the Stripe Connected Account Agreement and Stripe Services Agreement as well as any other documentation that Stripe may require (the “Stripe Documentation”). You agree to comply with the Stripe Documentation and not to engage in any activity that is expressly prohibited by the Stripe Documentation. Stripe processes your personal information in accordance with its own privacy policy, available here: http://stripe.com/privacy. Stripe may deny the creation of a Stripe Connect Account or may suspend or terminate a Stripe Connect Account, in its discretion in accordance with the Stripe Documentation.
You agree that we can directly access your Stripe Connect Account dashboard, including information about your transactions (including purchases and refunds) and Stripe account balance (your “Connected Account Data”), in order to collect fees, process payments and refunds, handle disputes, process Chargebacks, and any other activity necessary to provide SamPay or other Services in accordance with these Terms of Service and our Privacy Policy, and you give us express authorization to conduct any of the above activities on your behalf through your Stripe Connect Account.
We may exchange Connected Account Data with Stripe as necessary to detect and prevent fraud, misuse, unlawful, abusive or deceptive activity, and otherwise to allow SamCart and Stripe to each comply with our legal and regulatory obligations.
You represent and warrant that all information provided to SamCart or Stripe in connection with the creation or maintenance of a Stripe Connected Account is true and accurate in all material respects at all times.
You agree to indemnify, defend and hold harmless SamCart and Stripe and their respective affiliates from any claims brought by a third party arising out of any activity conducted through a Stripe Connect Account or arising out of your breach of these Terms of Service or the Stripe Documentation.
Taxes
Our prices listed do not include any sales taxes, levies, duties, or similar governmental assessments of any nature by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to SamCart is subject to Taxes, SamCart may, at its sole discretion, collect from you the full amount of any such Taxes, even if SamCart has not previously collected such amounts. Any changes to your Account or Subscription (including any upsell, upgrade, downgrade, or other modification) may result in SamCart collecting from you applicable Taxes.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SamCart and SamCart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SamCart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SamCart of the site or any association with its operators.
Any fees charged by Linked Sites are not included in any subscription or other fees payable by you to SamCart. SamCart may also provide access to third-party vendors who provide information, goods and/or services on the Site or through the Service. Any separate charges or obligations you incur in your dealings with Linked Sites or other third parties are your responsibility. SamCart makes no representation or warranty regarding any information, goods and/or services provided by any Linked Sites or other third parties.
SamCart shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any information, goods, or services made available on any Linked Sites; and you assume any and all risks, known or unknown, now existing or hereafter arising, that are related to your use of (or reliance upon) the Linked Sites.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that SamCart may share such information and data with any third party with whom SamCart has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Intellectual Property of SamCart and Its Suppliers
You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the Site and/or the Service strictly in accordance with these terms of use. As a condition of your use of the Site and/or the Service, you warrant to SamCart that you will not use the Site and/or the Service for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws, statutes, regulations, orders, and/or other requirements, in any jurisdiction and at any level (e.g., municipal, county, provincial, state or national). You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not collect or aggregate information regarding other users’ actions related to the Service, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will keep all passwords and other login information confidential, and you will use reasonable efforts to prevent unauthorized access to or use of the Service. You will promptly notify SamCart if you become aware of (or reasonably suspect) any illegal activity, unauthorized access, or security breach in respect of your account.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SamCart or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, de-compile, hack, participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part, found on the Site. SamCart content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of SamCart and/or the copyright owner (as applicable). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SamCart or our licensors except as expressly authorized by these Terms.
User Content
You retain ownership of, responsibility for, and all liability in respect of all content submitted by you to SamCart through the service. By submitting, posting or displaying Content on or through the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with SamCart’s offering of the SamCart service to you.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You also grant SamCart a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with Your Account to promote the Service.
You understand that any content that you upload to the Service shall be deemed non-confidential. You must not transmit any content on or through the Service through any means of communication that you consider to be confidential or proprietary. SamCart reserves the right to limit the size of any content you upload to the Service shall it be deemed excessive in size by SamCart.
Additionally, by uploading content to the Site or Service, you warrant, represent and agree that you have the right to upload such content to the Site or Service and that you have the right to grant SamCart the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, (g) violates any applicable laws, statutes, regulations, orders, and other requirements, in any jurisdiction and at any level (e.g., municipal, county, provincial, state or national), and/or (h) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. SamCart reserves the right in its discretion to remove any Content from the Site or Service, suspend or terminate your account at any time, change your Samcart subdomain, or pursue any other remedy or relief available under equity or law.
You further represent and warrant that you will not upload (or otherwise add) any content to the Site or to the Service that promotes, markets, encourages, or otherwise facilitates: (i) any illegal business activity; (ii) the sale or use of any illegal drugs, or the use of any substances other than as permitted by applicable law; (iii) any multi-level marketing activity (except as may be expressly permitted by the United States Federal Trade Commission’s Business Guidance Concerning Multi-Level Marketing; and/or (iv) the delivery of any “junk mail,” including, but not limited to, messaging related to gambling, investment opportunities, direct-to-consumer sales, and “payday loan” programs.
SamCart does not control content uploaded to the Site and/or the Service by users, and SamCart neither endorses nor accepts responsibility for any such content. SamCart shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any content uploaded (or otherwise added) to the Site or to the Service by other users; and you assume any and all risks, known or unknown, now existing or hereafter arising, that are related to your use of (or reliance upon) content uploaded (or otherwise added) to the Site or to the Service by other users.
You may not engage in abusive or excessive usage of the Site, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Product for other users. SamCart will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to SamCart.
Copyright Policy
SamCart respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
DMCA Copyright Agent
SamCart Inc.
11850 West Market Place
Suite C
Fulton, MD 20759
Email: support@samcart.com
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://lumendatabase.org/notices/12073901#.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, SamCart will also terminate a user’s account if the user is determined to be a repeat infringer.
Third Party Accounts
You will be able to connect your SamCart account to third party accounts. By connecting your SamCart account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by SamCart from our offices within the USA. SamCart makes no representation that the Service (or any Content associated therewith) is appropriate or available for use in any other locations. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SamCart Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations (including, without limitation, by exporting or transmitting any elements of the Service or associated Content into any country to which the USA has embargoed goods, or to any person on any jurisdiction’s applicable sanctions lists).
Indemnification
You agree to indemnify, defend and hold harmless SamCart, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SamCart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SamCart in asserting any available defenses.
Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by email at support@samcart.com, or via the in-Service communication (Intercom) found inside your SamCart dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
If a dispute arises relating to the services provided under these Terms, you shall promptly provide written notice to SamCart. The notice shall clearly outline the nature of the dispute, including relevant details, and the desired resolution. Upon receipt of the notice, SamCart shall have a period of 30 days (the “Cure Period”) to address the concerns raised by you. During this Cure Period, both parties shall engage in good faith negotiations to seek a mutually acceptable resolution. If, at the end of the 30-day Cure Period, the parties have been unable to reach a mutually satisfactory resolution, either party may proceed with legal action as permitted by this agreement and applicable laws.
Our Customer Support Department is available by email at support@samcart.com, or via the in-Service communication (Intercom) found inside your SamCart dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction.
Class Action Waiver
The parties further agree that any in the event a dispute between them is to be litigated, the litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAMCART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the County of Howard, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Attorney’s Fees
In the event of any legal action arising from or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with the dispute, to the extent permitted by applicable laws.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Changes to this Section
SamCart will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAMCART, INC. AND/OR ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AGENTS, AND/OR SUBCONTRACTORS (COLLECTIVELY, THE “SAMCART PARTIES”) MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR THE SERVICE AT ANY TIME. THE SAMCART PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICE (OR ANY PART THEREOF, INCLUDING CONTENT) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AND THE SERVICE (AND ANY CONTENT ASSOCIATED THEREWITH) ENTIRELY AT YOUR OWN RISK.
THE SAMCART PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS WITH RESPECT TO THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAMCART PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN RESPECT OF THE SITE AND THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY EXPRESS OR IMPLIED WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE SAMCART PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE SERVICE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THE SAMCART PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICE.
THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT UNDER THESE TERMS SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR ANY OTHER RIGHT UNDER OR RELATED TO THESE TERMS.
Termination/access restriction
SamCart reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These Terms (and the obligations imposed upon you thereby) shall survive such termination to the extent that such survival is intended by their language, nature, and/or context. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SamCart as a result of this agreement or use of the Site. SamCart may assign these Terms, in whole or in part, at any time. You may not assign, transfer, or sub-license these Terms (or any of Your rights or obligations under these Terms) without SamCart’s express prior written consent. You agree that SamCart does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. SamCart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SamCart’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SamCart with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and shall have no effect in respect of the interpretation of any section or provision hereof. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SamCart with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SamCart with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact Us
SamCart welcomes your questions or comments regarding the Terms:
SamCart, Inc.
11850 West Market Place, Suite C
Fulton, Maryland 20759
Email Address: support@samcart.com
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