Your relationship with Sudden Deals, LLC.
1.1 Your use of SuddenDeals.com
(which includes any future additional services
and the necessary products and software used thereof
for providing Sudden Deals, LLC. services) and this
web site (hereinafter individually referred to
as the "service" and
collectively referred to as the "services" in
this document; and excluding any services provided
to you by Sudden Deals, LLC. under a separate written
agreement) is subject to the terms of this legal
agreement between you and Sudden Deals, LLC.. "SuddenDeals" means
Sudden Deals, LLC.,
whose principal place of business is in St. Paul
Minnesota. SuddenDeals.com service is an entertainment
service that enables users to request and receive
special offers, coupon offers, announcements,
alerts and other information via text
message or SMS and provides users with access
to a collection of services and resources, including
various communication tools, content, applications,
and programming offered from time to time through
its network of properties. This document
explains how the agreement is made up, and sets
out some of the terms of the agreement.
1.2 Unless otherwise agreed in writing with
Sudden Deals, LLC., your agreement with Sudden Deals, LLC. will always
include, at a minimum, the terms and conditions
set out in this document. These are referred to
below as the "Universal Terms".
1.3 Your agreement with Sudden Deals, LLC. will also
include the terms of any Legal Notices applicable
to the Services, in addition to the Universal Terms.
All of these are referred to below as the "Additional
Terms". Where Additional Terms apply to the Services,
these will be accessible for you to read either
within, or through your use of, that Service.
1.4 The Universal Terms, together with the
Additional Terms, form a legally binding agreement
between you and Sudden Deals, LLC. in relation to
your use of the Services. It is important that
you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the "Terms".
1.5 If
there is any contradiction between what the
Additional Terms say and what the Universal Terms
say, then the Additional Terms shall take precedence
in relation to that Service.
Accepting the Terms
2.1 By using the Services, you agree that
you have read and understood these Terms and you
agree to be bound by these Terms and use the Services
in compliance with these Terms. PLEASE READ
THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE
BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS
BELOW, DO
NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT
ATTEMPT TO USE THE WEBSITE. You expressly represent
and warrant that you will not use the Service if
you do not understand, agree to become a party
to, and abide by all of the Terms specified below.
Violation of these Terms can result in legal liability
to you. Nothing in these Terms should be construed
to confer any rights to third party beneficiaries.
For purposes of these Terms, "we", "us" "our" "SuddenDeals
LLC." "SuddenDeals.com" "company" refers
to Sudden Deals, LLC. , and its directors,
officers, agents, employees and representatives
(collectively, "SuddenDeals
LLC."),
and "you", "your" and "yours" refers to you, the
customer using the Service who indicates his/her
acceptance/rejection of these Terms below.
2.2 You can accept the Terms by:
- clicking to accept or agree to the Terms, where
this option is made available to you by Sudden Deals, LLC.
in the user interface for any Service; or
- by actually using the Services. In this case,
you understand and agree that Sudden Deals, LLC. will
treat your use of the Services as acceptance
of the Terms from that point onwards.
2.3 You may not use the Services and may not
accept the Terms if (a) you are under the age of
13 and (b) you are a person barred from receiving
the Services under the laws of the United States
or other countries including the country in which
you are resident or from which you use the Services.
2.4 Before you continue, you should print
off or save a local copy of the Universal Terms
for your records.
Payment. Refunds. Upgrading.
Downgrading.
A valid credit card is required for all paying accounts.
Your SuddenDeals Merchant Account is billed in
advance on a monthly basis in accordance with our
pricing schedule and all payments are non-refundable.
There will be no refunds or credits for partial
months of Service, nor upgrade or downgrade refunds,
or refunds for open but unused accounts. No expections
will be made regarding refunds. All free credits
expire on the date of purchase in the following
month. Additional credits purchased by SuddenDeals
Merchants, from inside your account, do
not expire.
You will be immediately billed for your first month
upon signing up for a paid SuddenDeals Merchant
Plan. If after signing up for a SuddenDeals Merchant
Plan, you do not
cancel your account within 30 days, you will be
billed monthly starting on the 30th day after
your account was initially created. If upgrading
from one SuddenDeals Merchant
Plan to another SuddenDeals Merchant
Plan, you will be billed for your first
month immediately upon upgrading. For any upgrade
or downgrade your credit card will automatically
be charged monthly the new rate.
If you exceed the maximum number
of free credits in your account for any given month
you will not be able to post or send deals and
will need to purchase additional credits
from inside your account.
All fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of
all such taxes, levies, or duties, excluding only
United States (federal or state) taxes. You agree
to pay for any such taxes that might be applicable
to your use of the Service and payments made by
you herein.
Downgrading your account may cause you to lose
any and all previous account information to include:
A. record of previous deals sent B. # of deals
sent. C. # of credits used and D. any other information
in your previous account. Sudden Deals LLC accpet
no liability for such losses should they occur.
Provision of the Services by SuddenDeals
LLC.:
3.1 Sudden Deals, LLC. has affiliated legal
entities around the world ("Affiliates").
Sometimes, these companies will be providing
the Services to you on behalf of SuddenDeals
LLC. itself. You acknowledge and agree that
Affiliates will be entitled to provide the
Services to you.
3.2 Sudden Deals, LLC. is constantly innovating
in order to provide the best possible experience
for its users. You acknowledge and agree that
the form and nature of the Services which
Sudden Deals, LLC. provides may change from
time to time without prior notice to you.
3.3 As part of this continuing innovation,
you acknowledge and agree that Sudden Deals, LLC.
may stop (permanently or temporarily) providing
the Services (or any features within the Services)
to you or to users generally at Sudden Deals, LLC.'s
sole discretion, without prior notice to you. You
may stop using the Services at any time. You do
not need to specifically inform Sudden Deals, LLC.
when you stop using the Services.
3.4 You acknowledge and agree that if
Sudden Deals, LLC. disables access to your account,
you may be prevented from accessing the Services,
your account details or any files or other
content which is contained in your account.
3.5 You acknowledge that you are aware
of the fact that Sudden Deals, LLC. has fixed
certain upper limits on the number of transmissions
(including SMS communications) you may send
or receive through the Services or on the
amount of storage space used for the provision
of any Service and you agree that you will
not cross/exceed the fixed upper limit on
the number of transmissions (including SMS
communications) you ay send or receive through
the Services or on the amount of storage space
used for the provision of any Service, except in
the manner provided by Sudden Deals, LLC..
Account Registration:
Use of the Services
by you
4.1 In order to access certain Services, you
may be required to provide information about yourself
(such as identification or contact details) as
part of the registration process for the Service,
or as part of your continued use of the Services.
You agree that any registration information you
give to Sudden Deals, LLC. will always be true, accurate,
correct, complete and up to date.
4.2 You agree to use the Services only for
purposes that are permitted by (a) the Terms and
(b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant
jurisdictions (including any laws regarding the
export of data or software to and from the United
States or other relevant countries).
4.3 You agree not to access (or attempt to
access) any of the Services by any means other
than through the interface that is provided by
Sudden Deals, LLC., unless you have been specifically
allowed to do so in a separate agreement with SuddenDeals
LLC..
4.4 You agree that you will not engage in
any activity that interferes with or disrupts the
Services (or the servers and networks which are
connected to the Services).
4.5 Unless you have been specifically permitted
to do so in a separate agreement with SuddenDeals
LLC., you agree that you will not reproduce, duplicate,
copy, sell, trade or resell the Services for any
purpose.
4.6 You agree that you are solely responsible
for (and that Sudden Deals, LLC. has no responsibility
to you or to any third party for) any breach of
your obligations under the Terms and for the consequences
(including any loss or damage which SuddenDeals
LLC. may suffer) of any such breach.
Your passwords and
account security
5.1 You agree and understand that you are
responsible for maintaining the confidentiality
of passwords associated with any account you use
to access the Services.
5.2 Accordingly, you agree that you will be
solely responsible to Sudden Deals, LLC. for all
activities that occur under your account.
5.3 If you become aware of any unauthorized
use of your password or of your account, you agree
to notify Sudden Deals, LLC. immediately at http://www.SuddenDeals.com/feedback.php
Access to the Service/Modifications to the Service:
6.1 SuddenDeals.com is a platform that uses
SMS push pipes as obtained from SMS aggregators
and mobile carriers. While Sudden Deals, LLC. makes
all attempts and ensures that the SMS traffic is
routed most efficiently and effectively it has
no control over inherent network congestion and
delays.
6.2 We do not provide you with the equipment
to access the Services. You are responsible for
all fees charged by third parties to access the
Service (e.g., charges to send SMS messages, or
data charges by wireless carriers).
6.3 We reserve the right to modify or discontinue,
temporarily or permanently, all or a part of the
Services without notice. We will not be liable
to you or to any third party for any modification,
suspension, or discontinuance of the Services,
or parts thereof, except that you are only entitled
to a prorated refund (if applicable) representing
the unused (as of the date of termination) portion
of any subscription fees that you have paid in
advance if we permanently discontinue the Service
and you have already paid the subscription fees
(if applicable).
6.4 Sudden Deals, LLC. and its community representatives
reserve the right to communicate directly with
users through any of the SuddenDeals.com tools
provided, as well as to use automation to do some
or all parts of their jobs, including the sending
oc communication with users, emailing users
as well as to communicate with users through the
Web site, mobile phone applications, or text messaging,
with the objective of encouraging users to become
active users of the site.
6.5 You agree that Sudden Deals, LLC. can, at
its sole discretion, add tag line footer messages,
help messages, branding messages, and internal
advertisements (whether internal, contextual or
any other advertisement) at the end of all SuddenDeals.com
text messages and/or emails sent to you and on
your user control panel inside SuddenDeals.com
Restrictions:
7.6.1 You agree to use the Services only for
purposes that are permitted by (a) the Terms and
(b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant
jurisdictions.
7.6.2 Except as may be expressly permitted
by applicable laws or authorized by us in writing,
you will not (and you will not permit/allow/abet
anyone else to):
- store, copy, modify, distribute, publish or
resell any of any information; audio, visual,
and audiovisual works; or other content made
available on the Website ("Website Content")
or compile or collect any Website Content
as a part of database or other work;
- use any automated tool (e.g., robots, spiders)
to avail the Service or store, copy, modify,
distribute, or resell any Website Content;
this does not apply to the forwarding of Deals
you have received through your account with
SuddenDeals.com.
- rent, lease, or sublicense your access to the
Services to another person;
- avail the Services or use the Website Content
for any purpose except for your own personal
use;
- circumvent or disable any digital rights management,
usage rules, or other security features of
the Service;
- use the Service in a manner that threatens
the integrity, performance, or availability
of the Services; or
- remove, alter, or obscure any proprietary notices
(including copyright notices) on any portion
of the Services or Website Content.
7.6.3 You agree not to do any of the following
actions while using the Services (especially SuddenDeals.com
services):
- Harass, "stalk", threaten, embarrass or cause
distress or discomfort upon another SuddenDeals.com
participant, user, or other individual or
entity or in group;
- Upload, post, email, SMS, or otherwise transmit
via the Services any Content that Sudden Deals, LLC.
considers to be unlawful, harmful, threatening,
abusive, harassing, defamatory,
- Upload, post, email, SMS, or otherwise transmit
any material that contains software viruses
or any other computer code, files, or programs
designed to interrupt, destroy, or limit functionality
of any computer software or hardware or telecommunications
equipment;
- Upload, post, email, SMS, or otherwise transmit
any Content that infringes any patent, trademark,
trade secret, copyright, or other proprietary
rights ("Rights") of any party;
- Disrupt the normal flow of dialogue within
the Services or otherwise act in a manner
that negatively affects other participants;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted via the Services;
- Collect or store personal data about other
users;
- Intentionally or unintentionally violate any
applicable local, state, national or international
law, including but not limited to any regulations
having the force of law while using or accessing
the Services or in connection with your use
of the Services in any manner;
- Post or transmit any unsolicited advertising,
promotional materials, or any other forms
of solicitation in the Services.
- Provide or send any content which may be harmful
or detrimental to Sudden Deals, LLC. or its business
associates, or which violates any restriction
or policy established by Sudden Deals, LLC. or its business
associates.
- In addition, you understand and acknowledge
that differing countries, societies and governments
may hold their citizens, companies and visitors
to a different standard of conduct and speech
(legal, ethical, moral and/or religious),
and in this regard your Services may be terminated
if they offend the conduct and speech standards
of the country they are in or are transmitting
in to. Considerations include:
- the sensibilities of the recipient
of the transmissions whether
they hold a difference religious
or ethical viewpoint, are of
a different race or heritage,
have a mental disorder or handicap,
or any other person having
special circumstances;
- transmissions to or aimed at
an audience of children (persons
under the age of 18) that include
references to sexual practices
and/or containing inappropriate
or offensive language; and
- content which promotes or incites
terrorism, the misuse of weapons,
or encourages or incites a
person to commit a criminal
offense.
Note on unsolicited advertising and spam: Sudden Deals, LLC.
policy on using our communication system to market
to our users mandates that:
(The following applies only to users who
knowingly and willingly use the "FavoritesList"
in a way that can be easily construed as SPAM.
Business Owners who use their "FavoritesList"
often may be monitored and are strongly advised
strongly to avoid sending more that ONE broadcast
to their "FavoritesList" per day (On average
over any 30 day time period). Users have the
option to OPT-OUT at any time using the OPT-OUT
function in their user control panel. It is
the responsibility of the user to OPT-OUT
if they feel they are receiving an overabundance
of messages from a list they have OPTED IN
to recieve messages from.)
- The sender of any message deemed to be "spam", "marketing" or "mail
bombing" to any other user or users will have
their account immediately suspended and their
site identity posted on the SuddenDeals "Wall
of Shame" for all to see. In addition the
offending persons will be liable for $100/USD
for each each unauthorized
message, commercial (promoting services of
a commercial entity) or not.
- The sender will pay all fees owed to SuddenDeals
LLC. within thirty (30) days of such transmission.
[Note: this means that if a message like the
one described above is sent to a club/group
of 100 users, or to one user 100 times, then
you will be liable for $100/USD, PER USER
or $10,000/ USD, payable to Sudden Deals, LLC.,
within 30 days].
7.6.4 You acknowledge that Sudden Deals, LLC. doesn't
pre-screen Content, but that Sudden Deals, LLC. and its designees
shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content
that is available via the Services. Without limitation,
Sudden Deals, LLC. shall have the right to remove any Content
that violates this Agreement or is otherwise objectionable.
You agree that you must evaluate, and bear all
risks associated with, the use of any Content,
including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content
created by Sudden Deals, LLC., transmitted through the Services,
or submitted to Sudden Deals, LLC.. You acknowledge and agree
that Sudden Deals, LLC. may preserve Content and may also
disclose Content if required to do so by law or
in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce this Agreement;
(c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the
rights, property, or personal safety of Sudden Deals, LLC.,
its users and the public. You understand that the
technical processing and transmission of the Service,
including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices.
Content in the Services:
8.1 You understand that all information (such
as files, graphics, links, messages, data files,
written text, software, music, audio files or other
sounds, photographs, videos or other images, communication
or other materials), whether publicly posted or
privately transmitted, which you may have access
to as part of, or through your use of the Services
are the sole responsibility of the person from
which such content originated. All such information
is referred to below as the "Content". Sudden Deals, LLC.
does not control the Content posted or transmitted
in any way via the Services and, as such, does
not guarantee the accuracy, integrity, or quality
of such Content.
8.2 You should be aware that Content presented
to you as part of the Services, including but not
limited to advertisements in the Services and sponsored
Content within the Services may be protected by
intellectual property rights which are owned by
the sponsors or advertisers who provide that Content
to Sudden Deals, LLC. (or by other persons or companies on
their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works
based on this Content (either in whole or in part)
unless you have been specifically told that you
may do so by Sudden Deals, LLC. or by the owners of that Content,
in a separate agreement.
8.3 Sudden Deals, LLC. reserves the right (but
shall have no obligation) to pre-screen, review,
flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services,
Sudden Deals, LLC. may provide for filtering of certain
explicit content (such as explicit sexual content,
contents provoking violence, drug, strong racial/ethnic
slurs or any other content which the SuddenDeals
LLC. considers explicit or unacceptable or unreasonable).
If you come across any such explicit content while
availing the Service, you may report the same to
Sudden Deals, LLC. at http://www.SuddenDeals.com/feedback.php.
8.4 You understand that by using the Services
you may be exposed to Content that you may find
offensive, indecent or objectionable and that,
in this respect, you use the Services at your own
risk.
8.5 You agree that you are solely responsible
for (and that Sudden Deals, LLC. has no responsibility to
you or to any third party for) any Content that
you create, transmit or display while using the
Services and for the consequences of your actions
(including any loss or damage which Sudden Deals, LLC. may
suffer) by doing so.
Proprietary rights:
9.1 You acknowledge and agree that SuddenDeals
LLC. (or Sudden Deals, LLC.'s licensors) own all
legal right, title and interest in and to the Services,
including any intellectual property rights which
subsist in the Services (whether those rights happen
to be registered or not, and wherever in the world
those rights may exist). You further acknowledge
that the Services may contain information which
is designated confidential by Sudden Deals, LLC.
and that you shall not disclose such information
without Sudden Deals, LLC.'s prior written consent.
9.2 Unless you have agreed otherwise in writing
with Sudden Deals, LLC., nothing in the Terms gives
you a right to use any of Sudden Deals, LLC.'s trade
names, trade marks, service marks, logos, domain
names, and other distinctive brand features.
9.3 If you have been given an explicit right
to use any of these brand features in a separate
written agreement with Sudden Deals, LLC., then you
agree that your use of such features shall be in
compliance with that agreement, any applicable
provisions of the Terms, and Sudden Deals, LLC.'s
brand feature use guidelines as updated from time
to time. These guidelines can be viewed online
at http://www.SuddenDeals.com/BrandingGuidelines.php
9.4 Other than the limited license set forth
in Section 11, Sudden Deals, LLC. acknowledges and agrees
that it obtains no right, title or interest from
you (or your licensors) under these Terms in or
to any Content that you submit, post, transmit
or display on, or through, the Services, including
any intellectual property rights which subsist
in that Content (whether those rights happen to
be registered or not, and wherever in the world
those rights may exist). Unless you have agreed
otherwise in writing with Sudden Deals, LLC., you agree that
you are responsible for protecting and enforcing
those rights and that Sudden Deals, LLC. has no obligation
to do so on your behalf.
9.5 You agree that you shall not remove, obscure,
or alter any proprietary rights notices (including
copyright and trade mark notices) which may be
affixed to or contained within the Services.
9.6 You agree that in using the Services,
you will not use any trade mark, service mark,
trade name, logo or any other Intellectual Properties
of any company or organization in a way that is
likely or intended to cause confusion about the
owner or authorized user of such marks, names or
logos or other Intellectual Properties, unless
you have good right, full power and authority to
use such respective marks, names or logos or other
Intellectual Properties.
License from Sudden Deals, LLC.:
10.1 Subject to the terms of this Agreement,
Sudden Deals, LLC. grants to you a limited, personal,
worldwide, royalty-free, non-assignable, non-transferable
and non-exclusive license to use the software provided
to you by Sudden Deals, LLC. as part of the Services
as provided to you by Sudden Deals, LLC. (referred
to as the "software" below).
This license is for the sole purpose of enabling
you to use and enjoy the benefit of the Services
on a single mobile device, in each case solely
to use the Services to the extent you have the
right to access the Services, as provided by SuddenDeals
LLC., in the manner permitted by the Terms. Except
for this license granted to you, we retain all
right, title, and interest in and to the Software,
including all related intellectual property rights.
The Service is protected by applicable intellectual
property laws, including the United States Copyright
law and other international
treaties.
10.2 You may not (and you may not permit anyone
else to) copy, modify, create a derivative work
of, reverse engineer, decompile or otherwise attempt
to extract the source code of the Software or any
part thereof, unless this is expressly permitted
or required by law, or unless you have been specifically
told that you may do so by Sudden Deals, LLC., in writing.
10.3 Unless Sudden Deals, LLC. has given you specific
written permission to do so, you may not assign
(or grant a sub-license of) your rights to use
the Software, grant a security interest in or over
your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
10.4 Fees: Sudden Deals, LLC. does not charge its users
for accessing the service. However, standard text
messaging rates charged by your phone carrier may
apply. Sudden Deals, LLC. is not liable for any charges levied
upon you by your service provider or wireless carrier.
Sudden Deals, LLC. reserves the right to change our fees or
billing methods at any time by providing you notice
of any change at least 30 days in advance. If any
change is unacceptable to you, you may terminate
your account by responding to Sudden Deals, LLC.'s notice
within 30 days of receipt.
Content license
from you
11.1 You retain copyright and any other rights
you already hold in Content which you submit, post
or display on or through, the Services. By submitting,
posting or displaying the content you give Sudden Deals, LLC.
a perpetual, irrevocable, worldwide, royalty-free,
and non-exclusive license to reproduce, adapt,
modify, translate, publish, publicly perform, publicly
display and distribute any Content which you submit,
post or display on or through, the Services. This
license is for the sole purpose of enabling Sudden Deals, LLC.
to display, distribute and promote the Services
and may be revoked for certain Services as defined
in the Additional Terms of those Services.
11.2 You agree that this license includes
a right for Sudden Deals, LLC. to make such Content available
to other companies, organizations or individuals
with whom Sudden Deals, LLC. has relationships for the provision
of syndicated services, and to use such Content
in connection with the provision of those services.
11.3 You understand that Sudden Deals, LLC., in performing
the required technical steps to provide the Services
to our users, may (a) transmit or distribute your
Content over various public networks and in various
media; and (b) make such changes to your Content
as are necessary to conform and adapt that Content
to the technical requirements of connecting networks,
devices, services or media. You agree that this
license shall permit Sudden Deals, LLC. to take these actions.
11.4 You confirm and warrant to Sudden Deals, LLC. that
you have all the rights, power and authority necessary
to grant the above license.
11.5 You are solely responsible for any content
that you submit post or transmit via our Software
and Service. You agree not to post any content
that: is libelous, defamatory, and slanderous;
contains sexually explicit content; may denigrate
any ethnic, racial, sexual or religious group by
stereotypical depiction or otherwise; encourages
or depicts glamorized drug use; makes use of offensive
language; characterizes violence as acceptable,
glamorous or desirable.
Termination
13.1 The Terms will continue to apply until
terminated by either you or Sudden Deals, LLC. as set out
below.
13.2 If you want to terminate your legal agreement
with Sudden Deals, LLC., you may do so by (a) notifying Sudden Deals, LLC.
at any time and (b) closing your accounts for all
of the Services which you use, where Sudden Deals, LLC. has
made this option available to you. Your notice
should be sent, in writing, to Sudden Deals, LLC.'s address
which is set out at the beginning of these Terms.
13.3 Sudden Deals, LLC. may at any time, terminate its
legal agreement with you if:
- you have breached any provision of the Terms
(or have acted in manner which clearly shows
that you do not intend to, or are unable to
comply with the provisions of the Terms);
or
- Sudden Deals, LLC. is required to do so by law (for example,
where the provision of the Services to you
is, or becomes, unlawful); or
- the partner with whom Sudden Deals, LLC. offered the Services
to you has terminated its relationship with
Sudden Deals, LLC. or ceased to offer the Services to
you; or
- the provision of the Services to you by SuddenDeals
LLC. is, in Sudden Deals, LLC.'s opinion, no
longer commercially viable.
13.4 Nothing in this Section shall affect
Sudden Deals, LLC.'s rights regarding provision of Services
under Section 4 of the Terms.
13.5 When these Terms come to an end, all
of the legal rights, obligations and liabilities
that you and Sudden Deals, LLC. have benefited from, been
subject to (or which have accrued over time whilst
the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph
20.7 shall continue to apply to such rights, obligations
and liabilities indefinitely.
EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS
14 AND 15, SHALL EXCLUDE OR LIMIT Sudden Deals, LLC.'s
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT
BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED
BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL
IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND
THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE."
14.3 IN PARTICULAR, Sudden Deals, LLC., ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS
DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, 100% SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT
OF YOUR USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY
OF ANY SOFTWARE PROVIDED TO YOU AS PART OF
THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Sudden Deals, LLC.
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 Sudden Deals, LLC. FURTHER EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH
14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE
THAT Sudden Deals, LLC., ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED
BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY. THIS SHALL INCLUDE, BUT NOT
BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER
INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS
OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY
YOU, INCLUDING BUT NOT LIMITED TO LOSS OR
DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON
THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING,
OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU
AND ANY ADVERTISER OR SPONSOR
WHOSE ADVERTISING APPEARS ON
THE SERVICES;
- ANY CHANGES WHICH SUDDENDEALS
LLC. MAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION
OF THE SERVICES (OR ANY FEATURES
WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION
OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS
DATA MAINTAINED OR TRANSMITTED
(INCLUDING DATA SENT VIA SMS)
BY OR THROUGH YOUR USE OF THE
SERVICES;
- YOUR FAILURE TO PROVIDE SUDDENDEALS
LLC. WITH ACCURATE ACCOUNT
INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
15.2 THE LIMITATIONS ON Sudden Deals, LLC.'s
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL
APPLY WHETHER OR NOT Sudden Deals, LLC. HAS BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES ARISING.
Copyright and trademark policies
16.1 It is Sudden Deals, LLC.'s policy to respond
to notices of alleged copyright infringement that
comply with applicable international intellectual
property law and to terminating the accounts of
repeat infringers.
16.2 Copyright Infringement Claim:
Sudden Deals, LLC. complies with the provisions of
the Digital Millennium Copyright Act (DMCA) and
the CAN-SPAM Act of 2003 . If
you have a concern regarding the use of copyrighted
material accessible through any portion of the
Sudden Deals, LLC. service, please contact the agent
designated to respond to reports alleging copyright
infringement. The infringement claims must be made
via emai to:
By email: copyright@SuddenDeals.com
If you believe that your work has been copied in
a way that constitutes copyright infringement,
or your intellectual property rights have been
otherwise violated, please provide SuddenDeals
LLC.'s Copyright Agent the following information:
- an electronic or physical signature of the
person authorized to act on behalf of the
owner of the copyright or other intellectual
property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your up-to-date and complete address, telephone
number, and email address;
- a statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the
law;
- a statement by you, made under penalty of perjury,
that the above information in your Notice
is accurate and that you are the copyright
or intellectual property owner/author or authorized
to act on the copyright or intellectual property
owner's behalf.
- the true, correct, accurate,
up-to-date and complete information about
the registration of the Copyright (including
copyright registration number, date of
registration, tenure of availability of copyright
etc.), if the copyright is registered.
Please include all such information when corresponding
with Sudden Deals, LLC.'s registered agent.
Advertisements
17.1 Some of the Services are supported by
advertising revenue and may display advertisements
and promotions. These advertisements may be targeted
to the content of information stored on the Services,
queries made through the Services or other information.
17.2 The manner, mode and extent of advertising
by Sudden Deals, LLC. on the Services are subject to change
without specific notice to you.
17.3 In consideration for Sudden Deals, LLC. granting
you access to and use of the Services, you agree
that Sudden Deals, LLC. may place such advertising on the
Services.
17A. Privacy Policy and your personal information: For
information about Sudden Deals, LLC.'s data protection
practices, please read Sudden Deals, LLC.'s privacy
policy at http://www.SuddenDeals.com/privacy.php.
This policy explains how Sudden Deals, LLC. treats
your personal information, and protects your privacy,
when you use the Services. You agree to the use
of your data in accordance with Sudden Deals, LLC.'s
privacy policies.
Other content
18.1 The Services may include hyperlinks to
other web sites or content or resources. Sudden Deals, LLC.
may have no control over any web sites or resources
which are provided by companies or persons other
than Sudden Deals, LLC..
18.2 You acknowledge and agree that Sudden Deals, LLC.
is not responsible for the availability of any
such external sites or resources, and does not
endorse any advertising, products or other materials
on or available from such web sites or resources.
18.3 You acknowledge and agree that Sudden Deals, LLC.
is not liable for any loss or damage which may
be incurred by you as a result of the availability
of those external sites or resources, or as a result
of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products
or other materials on, or available from, such
web sites or resources.
Changes to the
Terms
19.1 Sudden Deals, LLC. may make changes to
the Universal Terms or Additional Terms from time
to time. When these changes are made, SuddenDeals
LLC. will make a new copy of the Universal Terms
available at http://www.SuddenDeals.com/terms.php and
any new Additional Terms will be made available
to you from within, or through, the affected Services.
19.2 You understand and agree that if you
use the Services after the date on which the Universal
Terms or Additional Terms have changed, Sudden Deals, LLC.
will treat your use as acceptance of the updated
Universal Terms or Additional Terms.
19A. Indemnity You hereby indemnify and hold
Sudden Deals, LLC., and its subsidiaries, affiliates, officers,
agents, and employees, harmless from any loss,
costs, damages, expenses, and liability caused
by your use of the Service, Software, or Service
Content, your violation of this Agreement, or your
violation of any rights of a third party through
use of the Service, Software, or Service Content
General legal terms
20.1 Sometimes when you use the Services, you may
(as a result of, or through your use of the Services)
use a service or download a piece of software,
or purchase goods, which are provided by another
person or company. Your use of these other services,
software or goods may be subject to separate terms
between you and the company or person concerned.
If so, the Terms do not affect your legal relationship
with these other companies or individuals.
20.2 The Terms constitute the whole legal
agreement between you and Sudden Deals, LLC. and govern your
use of the Services (but excluding any services
which Sudden Deals, LLC. may provide to you under a separate
written agreement), and completely replace any
prior agreements between you and Sudden Deals, LLC. in relation
to the Services.
20.3 You agree that Sudden Deals, LLC. may provide you
with notices, including those regarding changes
to the Terms, by SMS text message, email, regular
mail, or postings on the Services.
20.4 You agree that if Sudden Deals, LLC. does
not exercise or enforce any legal right or remedy
which is contained in the Terms (or which SuddenDeals
LLC. has the benefit of under any applicable law),
this will not be taken to be a formal waiver of
Sudden Deals, LLC.'s rights and that those rights
or remedies will still be available to SuddenDeals
LLC..
20.5 If any court of law, having the jurisdiction
to decide on this matter, rules that any provision
of these Terms is invalid, then that provision
will be removed from the Terms without affecting
the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member
of the group of companies of which Sudden Deals, LLC. is the
parent shall be third party beneficiaries to the
Terms and that such other companies shall be entitled
to directly enforce, and rely upon, any provision
of the Terms which confers a benefit on (or rights
in favor of) them. Other than this, no other person
or company shall be third party beneficiaries to
the Terms.
20.7 Legal Notices: The Terms, and your relationship
with Sudden Deals, LLC. under the Terms, shall be
governed by the laws of the United States without
regard to its conflict of laws provisions. You
consent to the exclusive jurisdiction and venue
of the state courts of competent jurisdiction located
at Ramsey County in the State of Minnesota. You
and Sudden Deals, LLC. agree to submit to the exclusive
jurisdiction of the courts located within the country
of the United States to resolve any legal matter
arising from the Terms. Notwithstanding this, you
agree that Sudden Deals, LLC. shall still be allowed
to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
Sudden Deals, LLC. makes no representation that the Services or Software is
appropriate or available for use in all countries, and prohibits accessing
the Services or Software from any jurisdiction that does not enforce agreements
with respect to governing law, including without limitation the governing
law provision in the foregoing paragraph. You access the Services or Software
on your own initiative and at your own risk and are responsible for compliance
with all laws applicable to your use of the Service or Software. Please
note that the Service and Software is hosted on the computer servers not
located in the U.S. and therefore, any and all data, information or any
other personally identifiable data submitted to us by you, whether directly
or indirectly, in connection with the Services or Software may be transferred
to the country in which the server is located (and we would be bound by
relevant of laws of that country), a jurisdiction that might not provide
an equivalent level of protection as the data protection laws in your home
country. You agree that by using of the Service or Software or submitting
any personally identifiable information you thereby expressly consent to
and authorize these transfers.
Contacting Sudden Deals, LLC.
If you have any questions or concerns about this
Service and License Agreement or the Service or
Software, please send us a thorough description
by email to support@SuddenDeals.com.
We strive to respond to all customer requests within
the next business day.
If you have any questions or claims of copyright
infringement, please contact us by email at copyright@SuddenDeals.com.
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