TargetBay Sampling Community Terms of Use

Draft status

DRAFT FOR LEGAL REVIEW. This text has not yet been approved by TargetBay counsel and is not in effect. Enrollment stays closed until approved versions are published.

1. Scope and acceptance

These Terms of Use ("Terms") are an agreement between you and TargetBay, Inc. ("TargetBay," "we," "us," or "our") and govern your use of the TargetBay Sampling Community website, member portal, QR code review pages, and related emails (the "Community"). By browsing the Community you agree to Sections 7 through 18. By applying or creating an account, you agree to all of these Terms, the Privacy Policy, the Participation Agreement, the Community Guidelines, and the Review Policy, which are part of these Terms.

Brands that run campaigns through TargetBay do so under a separate written agreement with TargetBay. These Terms do not govern that relationship.

2. Eligibility

• You must be at least 18 years old and able to form a binding contract.
• You must live in, and have products shipped to, a supported US location.
• You may not apply if you are an employee of TargetBay or of a Brand with an active campaign, or a member of their household, unless that relationship is disclosed and approved in writing. Reviews by anyone with a material connection to a Brand must be badged accordingly.
• One account per person. We may limit participation to one member per household per campaign.

3. Your account

Provide accurate information and keep it current, including your shipping address. Keep your password secure and do not share your account. You are responsible for activity under your account. Tell us right away at community-support@targetbay.com if you believe your account has been used without permission.

4. Membership and admission

Membership is free. Applying does not guarantee admission, and admission does not guarantee any product offer. We admit members in batches based on program capacity, the categories and locations Brands need, and fraud checks. We may waitlist, pause, or decline applications at our discretion and for any lawful reason.

5. Product offers, acceptance, and shipping

• Offers are invitations. They are not reserved until you accept them and may expire or run out of stock.
• When you accept an offer, you agree to the tasks, trial period, and deadlines shown in that offer, which are recorded at the moment you accept.
• Products are free to you. They are provided for your personal use and evaluation, not for resale, and title passes to you on delivery.
• You confirm the shipping address at acceptance. We are not responsible for deliveries to an address you provided incorrectly.
• Products are made and labeled by the Brand. Follow the label, instructions, and warnings. Do not use a product that is unsafe for you, and contact support instead. Any product warranty comes from the Brand.
• If a product is missing, damaged, wrong, or unsuitable, report it through support. Approved exceptions carry no penalty.

6. Reviews

• You may only review a product after it arrives and you have actually used it for the trial period shown in your offer.
• Your review must be your own honest opinion, in your own words, about the specific product you received. Positive, negative, and mixed opinions are equally welcome. No one at TargetBay or any Brand may ask you to give a particular rating or change your opinion, and your rating never affects future offers.
• Do not copy reviews from other sites, have someone else write your review, or use AI tools to invent or embellish an experience. You may use spelling and grammar tools as long as the content remains your genuine experience.
• Every review discloses that you received the product free through the TargetBay Sampling Community, and is badged as incentivized where it is published. Do not remove or hide this disclosure when you share your opinion elsewhere.
• Reviews are moderated against the Review Policy. Moderation is never based on whether a review is positive or negative.
• Submitting or approving a review does not guarantee publication on any Brand site or retailer. Each Destination decides independently, and its decision never counts against you.

7. License to your review content

You keep ownership of your review content. You grant TargetBay and the Brand whose product you reviewed a non-exclusive, worldwide, royalty free, perpetual, transferable, and sublicensable license to host, store, reproduce, display, distribute, and publish your review content, together with your display name and the required disclosure, on the Community, the Brand's channels, and approved Destinations, and to format it for those channels. We will not change the meaning of your review. We may correct formatting or remove content that breaks the Review Policy, and we will tell you if we do. You confirm you have the right to grant this license, including for any photos you submit.

8. Prohibited conduct

You agree not to:

• submit false, fake, copied, purchased, or AI generated reviews, or reviews of products you did not receive and use;
• create more than one account, use another person's identity, or misrepresent your affiliation with any person or Brand;
• accept compensation from anyone, including a Brand, in exchange for a particular rating or opinion;
• sell, trade, or return for refund any product received through the Community;
• post personal information about others, or content that is abusive, discriminatory, obscene, illegal, or infringing;
• scrape or harvest data, probe or attack the Community, upload malware, or interfere with its operation; or
• use the Community in violation of any law, including the FTC Act and the FTC rule on consumer reviews and testimonials.

9. Communications

By creating an account you agree to receive essential program emails, such as offer, shipping, review reminder, and policy update messages. These are part of the service and continue while your account is active. Optional community news is sent only with your consent and you can unsubscribe at any time. We do not send text messages.

10. Intellectual property

The Community, including its software, design, text, and graphics, and the TargetBay name and logos, belong to TargetBay or its licensors and are protected by law. Brand names and product images belong to their owners. Apart from viewing and using the Community as intended, you may not copy, modify, distribute, or create works from any part of it without our written consent.

11. Third party sites and Brands

The Community links to Brand websites, retailers, and carrier pages that we do not control. We are not responsible for their content, products, policies, or practices. Brands are solely responsible for their products, labeling, and claims.

12. Suspension and termination

You may close your account at any time. We may pause, suspend, or close an account, cancel open offers, or reject reviews if we reasonably believe these Terms or the Community Guidelines were broken, to prevent fraud or harm, or if the program changes or ends. Sections 7, 10, and 13 through 19 survive termination.

13. Disclaimers

THE COMMUNITY AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TARGETBAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND DOES NOT WARRANT THAT THE COMMUNITY WILL BE UNINTERRUPTED OR ERROR FREE. TARGETBAY DOES NOT MANUFACTURE THE PRODUCTS AND MAKES NO WARRANTY ABOUT THEM. CONTENT ON THE COMMUNITY IS GENERAL INFORMATION, NOT LEGAL, MEDICAL, OR PROFESSIONAL ADVICE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TARGETBAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE COMMUNITY OR ANY PRODUCT. TARGETBAY'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE COMMUNITY WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). SOME STATES DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT ALL APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

15. Indemnity

You agree to defend and hold harmless TargetBay and its officers, employees, and agents from claims and costs, including reasonable attorneys' fees, arising from content you submit, your misuse of the Community or any product, or your violation of these Terms or the law.

16. Dispute resolution

Please contact us first at community-support@targetbay.com so we can try to resolve any concern informally within 30 days. If that does not resolve it, either of us may bring a claim in small claims court where it qualifies, or otherwise in the state or federal courts located in Fulton County, Georgia, and both of us consent to their jurisdiction. [Counsel to decide whether to add binding individual arbitration and a class action waiver here.]

17. Governing law

These Terms are governed by the laws of the State of Georgia and applicable US federal law, without regard to conflict of law rules.

18. Changes to these Terms

We may update these Terms. Each version has its own version number and effective date. For material changes we will notify members in advance by email or in the portal, and where required we will ask you to accept the new version. Offers you already accepted stay governed by the tasks recorded when you accepted them.

19. General

These Terms and the documents they reference are the entire agreement between you and TargetBay about the Community. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger or sale of the business. Notices to you may be sent to the email on your account.

20. Contact us

community-support@targetbay.com, or TargetBay, Inc., Attn: Legal, Global Privacy Officer, 7000 Central Pkwy, Suite 220, Atlanta, GA 30328.