2. LICENSE SITE USE AND ACCESS CONTENT. Customer Centric grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express, prior written consent of Customer Centric. This license does not include any resale or commercial use of this site or its contents any collection and use of any product listings, descriptions, or prices any derivative use of the Web Site or its contents any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of Customer Centric. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Customer Centric without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing any of Customer Centric’s names or trademarks without the express, prior written consent of Customer Centric. Any unauthorized use terminates the permission or license granted by Customer Centric. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of suddenlee.com so long as the link does not portray Customer Centric, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Suddenlee logo or other proprietary graphic or trademark as part of the link without express, prior written consent of Customer Centric.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Customer Centric has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Customer Centric has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
4. RISK OF LOSS. Risk of loss and title for the items you purchase from third-party retailers through our Web Site pass to you upon our delivery of such items to the carrier.
5. SUDDENLEE SERVICES SERVICE FEES.
(a) SUDDENLEE SERVICES (I.E. SUDDENLEE SHOPPING SERVICE). Our services include processing your order, purchasing items for you from multiple retailer stores, handling your items, packaging your items, and shipping your items to you. The Suddenlee Shopping Tool enables users to add items from over 300 retail stores into the Suddenlee Shopping Cart. We have many different sized boxes to handle various order sizes. It all depends on the size of what you order. However, we do not service oversized items (furniture, large TVs, etc.) and our maximum single box holds 70 lbs. For more information concerning our services, please refer to our General FAQs.
(b) SERVICE FEES. You can purchase items from any number of retailers. Purchases from the first two stores are included in our standard rate table and it costs just $2.50 for each additional store over the first two stores. The prices listed in your Suddenlee shopping cart include (i) the cost of each item you are purchasing, (ii) the applicable sales tax (see the following sentence) (iii) our service fee(s), and (iv) the total of your order. Concerning the applicable sales tax, when you place an order, we place a hold on your payment type for an estimated tax rate of 8.875%. The final charge that is placed on your credit card will reflect the actual sales tax that was paid on each item.
(c) ORDER REQUIREMENTS. Suddenlee believes customers deserve to receive their online purchases as quickly as possible. In order to ensure that we can get your package to you on time, all orders need to be placed Monday through Friday (a “business day”) by 1:00 pm (Eastern) to be eligible for next day delivery. Orders placed after that time will be processed during the next business day. Orders placed on Saturday or Sunday will be delivered by the next Tuesday thereafter. Although we do not control or have visibility to each retailer’s inventory, we will make our best attempt to purchase your requested item(s). In some cases, we may not be able to find the items requested. We will notify you by 5:00 pm (Eastern) to confirm your order. Once we confirm that the items you requested are available, we guarantee that your package will be delivered the next day if your order is placed Monday through Friday (or will be delivered by the following Tuesday if your order is placed on Saturday or Sunday). If your order doesn’t arrive the next day (or on Tuesday if your order is placed on Saturday or Sunday), we will refund you the service fee. If we made a mistake with your order, we will take care of the return shipping and send you a replacement item (if the retailer’s inventory allows) with no additional charge for shipping either way. This applies to defective items and item(s) shipped that do not match the style, size or print that you ordered.
(d) ATTEMPTED DELIVERY AND DELIVERY FAILURE.
Shipping charges will not be refunded if any of the following conditions apply:
(i) delivery was attempted but could not be made
(ii) the delivery address or postal code was incomplete or inaccurate
(iii) the shipment was detained or delayed by customs authorities or other law enforcement agency for law enforcement purposes
(iv) the shipment had to be forwarded to another address
(v) any delays resulting from any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it or (vi) the shipment was delayed by any circumstances beyond the control of Customer Centric, the common carrier, and foreign postal administration, including, but not limited to: war (whether declared or not), civil war, riots and revolutions, acts of piracy, acts of sabotage, acts of terrorism natural disasters, such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightening and explosions, fires, destruction of machines, of factories, and of any kind of installations acts of authorities or external strike affecting the common carrier’s, the Postal Service’s or foreign postal administration’s ability to handle the item or provide transmission data about the item.
6. RETURNS. Items you purchase from retailers, third-party web sites, manufacturers or suppliers using our Web Site can only be returned within the time frame and conditions established by each retailer’s published return policy. Please check the retailer's return policy before you complete your purchase. We offer two options for these returns:
(a) Returns to Store: In compliance with each retailer’s in-store return policy, you can return the item(s) to your local store with the retailer’s original receipt that was enclosed in your shipment. It is up to each retailer’s in-store return policy whether the retailer will give you cash, give you in-store credit, credit your credit card, or credit the credit card used to purchase the item(s) (i.e., our credit card). If the retailer’s in-store return policy is to credit the credit card used to purchase the item(s) (i.e., our credit card), we will promptly credit your charge account upon our receipt of the return credit from such retailer.
(b) Easy Returns via UPS: In compliance with each retailer’s in-store return policy, we can return the item(s) for you for a fee of $5.99, plus any applicable out of area fee if shipping from outside the Northeast (see service area information). Returned items must be in the same condition as when it was received, must include the original packaging/box and/or tags we used to ship your item(s) to you, and must include the retailer’s original receipt that was enclosed in your shipment. If you are not able to return the item(s) to us in the original packaging/box we used to ship your item(s) to you, you are responsible for providing replacement packaging/box as we will not provide you with any replacement packaging/boxes (unless we made a mistake with your order as described above in Paragraph 5(c)). Used items cannot be returned unless it is defective. You can access and print a UPS return shipping label from your order history within your Suddenlee account page. The return label should be affixed to your box and shipped to Suddenlee for return and should include the retailer’s original receipt that was enclosed in your shipment. Upon receipt of the item(s), we will return the item(s) to the retailer(s) and credit your charge account.
Unfortunately we cannot accept returns for items that you purchased directly from retailers, third-party web sites, manufacturers or suppliers.
7. PRODUCT DESCRIPTIONS AND LIST PRICES.
(a) Customer Centric does not warrant that product descriptions or other content suggested by the retailer, third party web site, manufacturer or supplier and accessed through our Web Site are accurate, complete, reliable, current, or error-free. If a product you purchase through our Web Site itself is not as described, your sole remedy is to return it in unused condition as provided above in Paragraph 6.
(b) Except where noted otherwise, the List Price displayed for products available for purchase on the web site of the third-party retailer, manufacturer or supplier and accessed through our Web Site represents the full retail price listed on the product itself, suggested by such third-party retailer, manufacturer or supplier, or estimated in accordance with standard industry practice or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items purchased by you through Customer Centric’s services, we cannot confirm the price of an item until you order however, we do not charge your credit card until after your order has entered the shipping process. If an item's correct price is higher than the stated price on the retailer’s web site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
8. MEMBER-RETAILER RELATIONSHIP. If you have any questions or concerns regarding the products that you have ordered through the Web Site, please contact the applicable retailer. Customer Centric has no obligation to respond to you regarding any requests regarding the use, operation, or features of any product you order through the Web Site. Note that the retailers on the Web Site are independent from Customer Centric and will be legally responsible individually and separately to you in respect of the items purchased.
10. LIMITATION OF LIABILITY.
(a) CUSTOMER CENTRIC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL CUSTOMER CENTRIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS CUSTOMER CENTRIC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(b) You are solely responsible for your interactions with other users of the Web Site and third parties including retailers. Customer Centric reserves the right, but has no obligation, to monitor, or take any action Customer Centric deems appropriate regarding, disputes between you and other users or third parties including retailers. To the extent permitted under applicable laws, you hereby release Customer Centric from any and all claims or liability related to: (a) any User Content posted on the Web Site or (b) the conduct, whether online or offline, of any third party or other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
(c) The Web Site is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.
12. THIRD PARTY CONTENT.
(a) Customer Centric and/or its users may provide hyperlinks to other web sites maintained by third parties, or Customer Centric may provide third-party content on the Web Site by framing or other methods. THE LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER CUSTOMER CENTRIC’S CONTROL AND CUSTOMER CENTRIC IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Customer Centric. In most cases, Customer Centric is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, Customer Centric’s Content (ii) may not create a browser, border environment or frame Customer Centric’s Content (iii) may not imply that Customer Centric is endorsing it or its products (iv) may not misrepresent its relationship with Customer Centric (v) may not present false or misleading information about Customer Centric’s products or services and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
13. USER CONTENT.
(c) You agree to not use the Web Site to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (ii) harm minors in any way (iii) impersonate any person or entity, including, but not limited to, an employee or an agent of Customer Centric (iv) falsely state or otherwise misrepresent your affiliation with any person or entity (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site (vi) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement) (vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Customer Centric all of the license rights granted herein (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation (ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (x) interfere with or disrupt the Web Site or any of the servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site (xi) intentionally or unintentionally violate any applicable local, state, national or international law (xii) stalk or otherwise harass another or (xiii) collect or store personal data about other users.
(g) If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address (v) the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law” and (vi) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Please also sign the submission that you make to the Copyright Agent. Customer Centric’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 88 Crosby Street, 3rd Floor, New York, NY 10012 email: CustomerCare@suddenlee.com. For clarity, only DMCA notices should go to the Copyright Agent any other feedback, comments, requests for technical support, and other communications should be directed to Customer Centric customer service through www.suddenlee.com. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 13(g), your DMCA notice may not be valid.
14. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are Customer Centric’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Customer Centric is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of Customer Centric that may be referred to on the Web Site are the property of Customer Centric. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Customer Centric’s trademarks or service marks without Customer Centric’s prior written permission. Customer Centric aggressively enforces its intellectual property rights. Neither the name of Customer Centric nor any of Customer Centric’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without Customer Centric’s prior written permission, except that a third-party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 12(b) above may use the name “Customer Centric” in or as part of that link.
The Web Site may be accessed from countries other than the United States of America. The Web Site may contain products or references to products that are not available outside of the United States of America. Any such references do not imply that such products will be made available outside the United States of America. We only ship to destinations in the United States of America. We are not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. If you access and use the Web Site outside the United States, you are responsible for complying with your local laws and regulations.
16. AVAILABILITY. Information that Customer Centric publishes in the Web Site may contain references or cross-references to products, programs or services of Customer Centric that are not necessarily announced or available in your area. Such references do not mean that Customer Centric will announce any of those products, programs or services in your area at any time in the future. You should contact Customer Centric for information regarding the products, programs and services that may be available to you, if any.
18. ELECTRONIC COMMUNICATIONS. When you visit the Web Site, use our service, or send e-mails to us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email CustomerCare@suddenlee.com or by sending your comments to:
Customer Centric Corp.
349 5th Avenue
New York, NY 10016
Attn: Customer Care – Web Site
Copyright © 2011. Customer Centric Corp. All Rights Reserved.
EFFECTIVE AS OF: JUNE 6, 2011
LAST UPDATED: JUNE 6, 2011