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Terms of Service

Sam Trabulsi and/or its affiliates (“Sam Trabulsi”) provide website features access to third party products and services to you when you visit or shop at www.samtrabulsi.com, or their subdomains, use Sam Trabulsi products or services, use Sam Trabulsi applications for mobile, or use software provided by Sam Trabulsi in connection with any of the foregoing (collectively, “Sam Trabulsi Services”). Sam Trabulsi provides these services subject to the following conditions.

Agreeing to These Terms & Conditions

Individuals come to our websites to both post content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING www.samtrabulsi.com, OR THEIR SUBDOMAINS, OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS. 

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of Sam Trabulsi.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Sam Trabulsi (“Sam Trabulsi,” “we,” “our,” “us”), are governed by these Terms. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever. 

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND SAM TRABULSI. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY SAM TRABULSI, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Sam Trabulsi reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents 

  1. Website Use
  2. Website User Conduct and Restrictions-License Terms
  3. Our Privacy Statement and Your Personal Information
  4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
  5. Products, Services, and Prices Available on the Website
  6. Disclaimer – your individual results will vary
  7. Your Responsibilities Running A Business
  8. Testimonials, reviews, and pictures/videos
  9. Compliance with the law, including commitment against harassment and interference with others
  10. Disclaimers of other warranties
  11. Limitations of liabilities
  12. Dispute resolution by mandatory binding arbitration and class action waiver
  13. Sam Trabulsis Additional Remedies
  14. Indemnification
  15. Notice and Takedown Procedures; Copyright Agents
  16. Third-Party Links
  17. Termination
  18. No Waiver
  19. Governing Law and Venue
  20. Force Majeure
  21. Assignment
  22. Electronic Signature
  23. Changes to the Agreement
  24. Your Additional Representations and Warranties
  25. Severability
  26. Entire Agreement
  27. Contacting Us

SECTION 1 – Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are  at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater),  operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement  and understand and agree to its terms.

SECTION 2 – Website User Conduct and Restrictions-License Terms

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Sam Trabulsi trademark and logo are proprietary marks of Sam Trabulsi, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Sam Trabulsi. 

Subject to your continued strict compliance with all Terms, Sam Trabulsi provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. 

You  acknowledge and agree that: (1) the software is copyrighted material under United States and international  copyright laws that is  owned by Sam Trabulsi; (2) you do not acquire any ownership rights in the  software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works  from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not  copy, redistribute, publish, display or commercially exploit any material from the software without the express  written permission of Sam Trabulsi; and (5) in the event of any permitted copying (e.g., from the Website to your  computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be  made. 

You agree not to use or attempt to use the Website, or any software provided by Sam Trabulsi, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Sam Trabulsi.  You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from: 

  1. HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Sam Trabulsi reputation; hacking and other digital or physical attacks on the Website;  scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website  and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or  storing viruses or other malicious code; interfering with the security or operation of the Website;  framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a infringing another party’s intellectual property rights, including failing to  obtain permission to upload/transfer/display works of authorship; intercepting or expropriating  data; and the violation of the rights of Sam Trabulsi or any third party; 
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Sam Trabulsi reputation and to the rights of third parties. It is your obligation, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which  are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening,  harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of  unlawful behavior.
  4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Sam Trabulsi, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – Our Privacy Statement and Your Personal Information  

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom.  Our Privacy Statement may be viewed here.  Sam Trabulsi reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – Information You Provide; Registration; Passwords

As a Sam Trabulsi user, you will be required to create an account with Sam Trabulsi. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Sam Trabulsi user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as Sam Trabulsi Subscriber/User, including technical information, pricing, business strategy, and data about other past or current Sam Trabulsi users or their customers.

SECTION 5 – Products, Services, and Prices

Products, services, and prices are generally posted at the following URL, but are subject to change:  www.Sam Trabulsi. Sam Trabulsi reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. 

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Sam Trabulsi to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Sam Trabulsi services, and unless you terminate your subscription as provided herein, you agree that Sam Trabulsi may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you. 

Sam Trabulsi takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

When ordering products or services, please note that Sam Trabulsi does not warrant that product or service descriptions are accurate, complete, current, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. Sam Trabulsi descriptions of, or references to, products or services not owned by Sam Trabulsi are not intended to imply endorsement of that product or service or constitute a warranty by Sam Trabulsi.

SECTION 6 – Disclaimer – Your Individual Results Will Vary

Every online business is different, employing different strategic approaches and organizational structures. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT.

Sam Trabulsi does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Sam Trabulsi will not at any time provide sales leads or referrals to you or your business. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.

Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our software  will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. 

SECTION 7 – Your Responsibilities in Running Your Business

You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Sam Trabulsi’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.

You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, tax laws, and all additional laws applicable to your business.

You agree to notify Sam Trabulsi if any investigation or lawsuit is threatened or filed against you, whereupon Sam Trabulsi shall have the right to terminate this Agreement without liability. Sam Trabulsi shall have no liability for your violation of any laws.

You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Sam Trabulsi shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.

You agree to indemnify Sam Trabulsi as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against Sam Trabulsi as a result.

SECTION 8 – Testimonials, Reviews, and Pictures/Videos

Sam Trabulsi is pleased to hear from users and customers and welcomes your comments regarding our services and products. Sam Trabulsi may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Sam Trabulsi services or products, in printed and online media, as Sam Trabulsi determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond Sam Trabulsi’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Sam Trabulsi a worldwide, perpetual, nonexclusive and irrevocable license to use them. 

Additionally, Sam Trabulsi reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Sam Trabulsi shall be under no obligation to use any, or any part of, any testimonial or product review submitted. 

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications;  and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal,  obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including  publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain  software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of  “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sam Trabulsi reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. 

If you do post content or submit material, and unless we indicate otherwise, you grant Sam Trabulsi a nonexclusive, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sam Trabulsi and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sam Trabulsi for all claims resulting from content you supply. Sam Trabulsi has the right but not the obligation to monitor and edit or remove any activity or content. Sam Trabulsi takes no responsibility and assumes no liability for any content posted by you or any third party. 

SECTION 9 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)

As a Sam Trabulsi user, you must comply with all laws,  both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and  marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing  laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade  Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal  Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar  laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or  import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times. 

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Sam Trabulsi from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Sam Trabulsi relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Sam Trabulsi. You further understand and agree that Sam Trabulsi has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Sam Trabulsi DOES NOT WARRANT THAT ANY Sam Trabulsi MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE. 

COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS.  You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store,  distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or  may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit,  promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious,  libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

SECTION 10 – Disclaimers of Other Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: 

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)  THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,  UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER  HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES  WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE  ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE,  INFORMATION,  OR OBTAINED BY YOU THROUGH THE  WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN  THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE  WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 11 – Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL  Sam Trabulsi OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,  INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE  LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE,  OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED  TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A  THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR  PRODUCT, REGARDLESS OF WHETHER Sam Trabulsi HAS HAD NOTICE OF THE POSSIBILITY  OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 12 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. 

If you have a complaint, dispute, or controversy, you agree to first contact us at info@samtrabulsi.com to attempt to resolve the dispute or controversy informally. 

Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate  agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having  jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to his arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the United States, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Sam Trabulsi. 

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

You and Sam Trabulsi agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Sam Trabulsi expressly waive any right to pursue any class or other representative action against each other. 

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not  constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims  except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above). 

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. 

This provision survives termination of your account or relationship with Sam Trabulsi, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. 

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 13– Sam Trabulsis Additional Remedies

In order to prevent or limit irreparable injury to Sam Trabulsi, in the event of any breach or threatened breach by  you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Sam Trabulsi or a third-party, Sam Trabulsi shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Sam Trabulsi from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Cardiff, Florida,  for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 14 – Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Sam Trabulsi, its  directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers,  affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities,  damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of  any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related  to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit  or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation  of any law or the rights of a third-party. 

SECTION 15 – Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Sam Trabulsi a notice requesting that Sam Trabulsi remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Sam Trabulsi a counter-notice. Notices and counter-notices should be sent to Sam Trabulsi, 2121 Biscayne Blvd #1836 Miami, FL 33137 United States, or by e-mail to info@samtrabulsi.com. These Terms fully incorporate by reference the DMCA Policy.

SECTION 16 – THIRD-PARTY LINKS

The Website may contain links to other websites. The views, information or opinions expressed on or during any Sam Trabulsi or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Sam Trabulsi Consulting, Inc or either of its parent companies. Further, Sam Trabulsi Consulting, Inc is not responsible for and does not verify the accuracy of any of the information contained in any Sam Trabulsi or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Sam Trabulsi assumes no responsibility for the content or functionality of any non-Sam Trabulsi website to which we provide a link. Please see our Privacy Statement for more details.

SECTION 17 – No Waiver

No failure or delay on the part of Sam Trabulsi in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Sam Trabulsi. 

SECTION 18 – Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Sam Trabulsi, including use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator  or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above,  the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Florida, and you hereby irrevocably consent to the exclusive personal  jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis. 

SECTION 19 – Force Majeure

Sam Trabulsi will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control. 

SECTION 20 – Assignment

Sam Trabulsi may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Sam Trabulsi (or its assigns’) express written consent.

SECTION 21 – Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with Sam Trabulsi through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

SECTION 22 – Changes To The Agreement

You can review the most current version of the Terms at any here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 23 – Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of  majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the  business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Sam Trabulsi has the right to rely upon all information provided to Sam Trabulsi by you, and Sam Trabulsi may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website. 

You further represent and warrant that there are no prior or pending government investigations or inquiries of,  or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Sam Trabulsi of the same within 24 hours. Sam Trabulsi, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Sam Trabulsi without incurring any obligation or liability to you. 

SECTION 24 – Severability 

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement. 

SECTION 25 – Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Sam Trabulsi and  governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Sam Trabulsi. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 26 – Contacting Us

We encourage our customers to contact us with questions or comments about our products and services. Please contact us by sending an e-mail to info@samtrabulsi.com.

If you have any questions or inquiries concerning any of the Terms, you may contact Sam Trabulsi by email at info@samtrabulsi.com or by regular mail at Sam Trabulsi, 7901 4TH ST N STE 300 ST PETERSBURG, FL 33702

Note on how we can communicate with you:

By agreeing to our terms of service a prospect agrees to receive snail mail, email, phone and automated prerecorded voice message solicitations from Sam Trabulsi, including its various business divisions, affiliates, partners, vendors, list managers and clients. You also agree to be contacted on a recurring basis for as long as you are a part of our sms/mms mobile message marketing program. We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text and telemarketing (including but not limited to pre recorded phone messages) . Filling out any forms on our pages constitutes my signature and agreement that the Sam Trabulsi and it’s representatives, agents, and partners may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms you also agree that you cannot “build a case” against Sam Trabulsi (by counting infractions per solicitation) because by submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits.

Message and data rates may apply.

Prospect agrees he/she is solely responsible for any and all third party fees a prospect may incur when being contacted by Sam Trabulsi and its business divisions, affiliates, partners, clients, vendors and list managers. By filling out ANY of our forms you also forfeit your right to litigate against Sam Trabulsi based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the reminder of the terms shall remain in effect.

 Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.

To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to info@samtrabulsi.com and include the phone number and or email address you wish to be re