Effective Date: This Terms of Service and Use Agreement was last updated on May 4, 2017.

Terms of Service and Use

  • By creating an account, you agree to be bound by these terms & conditions.
  • By making an offer or approving a request for product with an account on SamplingForGood, you warrant that you have the authority to fulfill such action on behalf of the company/brand.
  • Events outside SamplingForGood's control shall be considered force majeure.
  • The applicable event placement fee, if any, is that which is effective at the date of first interaction with an event.
  • Card information is transmitted over secure SSL encryption and is not stored.
  • Sampling for Good reserves the right to amend any information without prior notice.

SamplingForGood, a division of DonationMatch Inc., uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

These Terms of Service and Use govern your use of services provided by SamplingForGood and its parent company, DonationMatch Inc. (also known as "DonationMatch" or "DonationMatch.com").

BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ALL TERMS HEREOF AND ANY UPDATES TO THEM FROM TIME TO TIME.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY, AGENCY, ORGANIZATION, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT THESE TERMS, IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE.

YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

You Must be Over the Age of 13

The Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the age of 13 and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.

DonationMatch Inc. reserves the right to suspend accounts suspected of improper usage without notice.

Definitions

The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any or all Agreements:

  1. "Brand", "Agency", “You” and “Your” refers to you, the person accessing this website, registering as a Brand, using the site on behalf of the Brand and accepting the Company’s terms and conditions.
  2. "Company", “Ourselves”, “We” and "Us", refers to Sampling for Good, a division of DonationMatch Inc., a Delaware corporation.
  3. “Party”, “Parties”, or “Us”, refers to both the Brand and SamplingForGood, or either the Brand or SamplingForGood.
  4. "The site" refers to the web pages accessible via https://www.samplingforgood.com and its sister site https://www.donationmatch.com, including published profile pages and all pages that show the samplingforgood.com or donationmatch.com designations.
  5. “User”, refers to any person who accesses the site.
  6. "Event" refers to an in-person or online gathering at a specific time range.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Brand's Use License for SamplingForGood

Acceptance of this Terms of Use grants you a license to use SamplingForGood. However, such license shall automatically terminate if you violate any of these restrictions and may be terminated by SamplingForGood or DonationMatch Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any materials downloaded from SamplingForGood which are in your possession whether in electronic or printed format.

Your use license grants you the following privileges and holds you to the following restrictions:

a) Please Be Respectful: You must refrain from the use of foul, hateful, or disrespectful language at anytime in any listing or posting.

b) Email Notices: You agree to provide accurate, current and complete information as necessary for SamplingForGood to communicate with you from time to time regarding services, issue invoices, accept payment, or other account-related purposes. Therefore, you agree to keep any online account information updated, inform us of any other changes in your legal entity name, address, email address and phone number. You agree to accept emails from SamplingForGood at the e-mail address specified on your account for login purposes. SamplingForGood may provide any notices, statements, and other communications to you through either e-mail, posting on your account login home page, or by mail or express delivery service.

c) Security: It is your responsibility to secure your account from unauthorized access. SamplingForGood and users of SamplingForGood or DonationMatch may act upon information and instructions provided to SamplingForGood from the above-specified e-mail address and any accounts linked to the same e-mail address.

d) Accuracy of Information: You ensure that all information posted on the SamplingForGood website is full and accurate reflection of your brand profile and products. SamplingForGood reserves the right to correct typographical errors and/or request an edit or clarification of any provided information.

e) Solicitation: You may not use SamplingForGood or any information found on our site to sell any product or solicit other users.

f) Restrictions on Product Listings: All listings must be provided free of charge--including postage, shipping, delivery, transit, or any similar fees--unless otherwise clearly described on each product listing in advance. Products must have any and all handling and storage terms and conditions listed in the description at the time of initial offer or request approval. Any product listings that contain terms or conditions that SamplingForGood feels are unreasonable or not in the spirit of generosity may be removed. No items related to hateful or violent speech or items that encourage hateful or violent actions may be listed. No illegal products or services (i.e. prostitution, drugs) may be listed. Items of an adult nature may be listed only in a tasteful manner. Links or images of pornography are prohibited.

g) Links: You may link to any information on the SamplingForGood website that does not require a login.

h) Embedding: You may not use frames or any other method to embed SamplingForGood data in your website.

i) Ability to fulfill: You must be able to fulfill or prove the ability to fulfill the full terms of your listings for quantities offered or listed as available for distribution through SamplingForGood.

j) Standards: SamplingForGood uses third-party ratings, resources, and data to evaluate companies and products who are allowed access to our services and reserve the right to suspend or delete accounts that do not meet our standards.

Confidentiality of Personal Information Supplied by Brand

Brand agrees that by accepting this Terms of Service and Use Agreement, Brand is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy found at https://www.samplingforgood.com/privacy.

Content Posted By Parties Other Than SamplingForGood

Opinions, advice, statements, offers, or other information or content made available through SamplingForGood, but not directly by SamplingforGood, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SamplingForGood does not guarantee the accuracy, completeness, or usefulness of any information on SamplingForGood and neither adopts nor endorses nor is responsible for the accuracy or reliability of any statement made by parties other than SamplingForGood. Under no circumstances will SamplingForGood be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on SamplingForGood by others or transmitted to SamplingForGood users.

It is possible that other SamplingForGood users (including unauthorized users, or "hackers") may post or transmit fake or offensive materials on the SamplingForGood website and that you may be involuntarily exposed to such fake or offensive materials. SamplingForGood takes precautions to avoid unauthorized users from accessing our site; however, we offer no guarantee that such will not occur.

Disclaimer Regarding Accuracy of Nonprofit’s Information

Nonprofit profiles, event listings, exempt status, and other information have either been provided by the Nonprofits or collected and verified from publicly available sources. While SamplingForGood seeks to ensure that the information on this website is accurate, we do not endorse nor make any representations or warranties as to the accuracy or reliability of any information provided by the Nonprofits on this website. It is the responsibility of the Brand to verify any information prior to sending products.

Treatment of Products as Tax-Deductible Donations

Local, state, and federal regulations and tax laws will determine tax-deductibility of products. SamplingForGood does not warrant the tax-deductibility of any product distributed through our service.

Compliance with Laws

Brand assumes all knowledge of applicable law and is responsible for compliance with any such laws. Brand may not use the SamplingForGood site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Brand further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Access or use of our website from territories where the contents are illegal is prohibited.

Disclaimer of Warranty

The materials on SamplingForGood's web site are provided "as is". SamplingForGood makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitations of Liability

SamplingForGood is not liable for the integrity of statements made by any user of SamplingForGood. SamplingForGood reserves the right to modify or discontinue the SamplingForGood service with or without notice to the Brand. Brand acknowledges and accepts that SamplingForGood does not guarantee continuous, uninterrupted or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. In no event shall SamplingForGood be liable to the Brand or any third party for any damages arising out of the use or inability to use the materials on SamplingForGood. Notwithstanding anything to the contrary contained herein, SamplingForGood's liability to you for any cause whatsoever, under any legal theory whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SamplingForGood for the service during the term of use of SamplingForGood. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

Brand agrees to indemnify and hold SamplingForGood, its parents, subsidiaries, affiliates, stockholders, officers, directors, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Brand's use of the SamplingForGood service, the violation of this Agreement, or infringement by Brand, or other user of the service using Brand's computer, of any intellectual property or any other right of any person or entity.

Copyrights and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is a copyright of DonationMatch, Inc., with all rights reserved, or is the property of SamplingForGood, DonationMatch and/or its users protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SamplingForGood or DonationMatch is strictly prohibited. Brand agrees to not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SamplingForGood or DonationMatch. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

SamplingForGood, DonationMatch, and DonationMatch, Inc. trademarks may not be used in connection with any product or service that is not provided by DonationMatch Inc., unless otherwise agreed upon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SamplingForGood or DonationMatch.

All other trademarks displayed on SamplingForGood and DonationMatch are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those companies. In addition, such use of trademarks or links to the web sites of companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with SamplingForGood or DonationMatch.

Links

SamplingForGood has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SamplingForGood of the site. Use of any such linked web site is at the user's own risk.

Governing Law

DonationMatch, Inc. is organized under the laws of the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware, and you are responsible for compliance with applicable local laws.

Secure Payment Processing

All transactions conducted through SamplingForGood are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption by Braintree. Please read the terms & conditions for Braintree as they are responsible for the transactions made.

Return policy

We only want to charge for services utilized and will prorate and issue a refund for subscription terms or placement fees not used upon receiving written notice.

Site Terms of Use Modifications

SamplingForGood and DonationMatch Inc. may revise these Terms at any time by updating and amending this posting. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. You should review this page from time to time to review the current Terms because they are binding on you.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Force Majeure

Events outside SamplingForGood's control, which is not reasonably foreseeable, shall be considered force majeure, meaning that SamplingForGood is released from SamplingForGood's obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

Cookies

SamplingForGood uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, can not contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: "Session Cookies" and cookies that are saved permanently on your computer.

The first type of cookie commonly used is "Session Cookies". During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A "Session Cookie" is never stored permanently on your computer and disappears when you close your browser. To use SamplingForGood without troubles you need to have cookies enabled.

The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On SamplingForGood we use this type of cookie to keep track of your visits on our site and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

Additional Information

SamplingForGood reserves the right to amend any information, including but not limited to fees, technical specifications, terms of purchase and product offerings without prior notice. 

To submit a complaint regarding the SamplingForGood service or to report conduct violating this Agreement, please send all inquiries to:

4010 Sorrento Valley Blvd Ste 400, San Diego, CA 92121

 support@samplingforgood.com