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Terms and Conditions

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:

  1. 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
  2. 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):

  1. 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;
  2. 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.
  3. rent, lease, or sublicense your access to the Services to another person;
  4. avail the Services or use the Website Content for any purpose except for your own personal use;
  5. circumvent or disable any digital rights management, usage rules, or other security features of the Service;
  6. use the Service in a manner that threatens the integrity, performance, or availability of the Services; or
  7. 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):

  1. Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another SuddenDeals.com participant, user, or other individual or entity or in group;
  2. 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,
  3. 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;
  4. 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;
  5. Disrupt the normal flow of dialogue within the Services or otherwise act in a manner that negatively affects other participants;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Services;
  7. Collect or store personal data about other users;
  8. 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;
  9. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services.
  10. 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.
  11. 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:
    1. 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;
    2. 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
    3. 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.)

  1. 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.
  2. 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:

  1. 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
  2. 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
  3. 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
  4. 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:

  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, 100% SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  4. 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:

  1. 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;
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    1. 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;
    2. 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);
    3. 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;
    4. YOUR FAILURE TO PROVIDE SUDDENDEALS LLC. WITH ACCURATE ACCOUNT INFORMATION;
    5. 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.

© Copyright 2010
Sudden Deals, LLC.
All rights reserved.
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