Suddenlee

CUSTOMER CENTRIC CORP.WEB SITE USER AGREEMENT AND TERMS OF USE(“Terms of Use”)

Please read the following Terms of Use carefully before using any of Customer Centric Corp.’s and its affiliates’ (collectively, “Customer Centric”, “our” or “we”) web site, including, but not limited to, the Suddenlee.com web site, as well as any online features, services and/or programs offered by Customer Centric (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms of Use. You should review these Terms of Use regularly as they may change at any time at the sole discretion of Customer Centric. If you do not agree to any portion of these Terms of Use, you should not access or otherwise use the Web Site. Please review our Privacy Policy, which also governs your visit to and use of the Web Site.

We will make an effort to update this web page with any changes to these Terms of Use and/or to the services described in these Terms of Use and you are encouraged to review these Terms of Use frequently (the date of the most recent revision to these Terms of Use appear at the end of these Terms of Use). Customer Centric reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Web Site with or without notice to you. You agree that Customer Centric will not be liable to you or to any third party for any such modification, suspension or discontinuance.

1. CONVENIENCE AND INFORMATION ONLY ACCEPTANCE OF TERMS OF USE. By merely providing access to the Web Site, Customer Centric does not warrant or represent that: (a) the Content and/or the User Content is accurate, complete, up-to-date or current (b) Customer Centric has any obligation to update any Content and/or User Content (c) the Content and the User Content is free from technical inaccuracies or typographical errors (d) that the Content and/or User Content does not infringe on the intellectual property rights of any third party (e) that the Content and/or the User Content is free from changes caused by a third party (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. The Web Site may make available certain text, materials, documents, images, graphics, logos, design, audio, video, data, news, research, statistics, stories, photographs, opinions, or any other information provided from or on, uploaded to and/or downloaded from the Web Site (collectively "Content"), other than User Content which is discussed in Paragraph 13, that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Content Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Content made available through suddenlee.com, the Content Providers or any other third party transmitting the Content (the " Content Transmitters"). You agree that neither Customer Centric, the Content Providers nor the Content Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Content, or for any decision made or action taken by you relying upon the Content. You further agree that neither Customer Centric, the Content Providers nor the Content Transmitters will be liable in any way for the interruption of any data, Content or other aspect of the Web Site. You understand that none of the Content available through the Web Site constitutes a recommendation or solicitation to take or not take any particular action.

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

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.

(a) USER ACCOUNT. For certain types of features available through the Web Site (for example, to create a customized store list), you will be required to create an account (“User Account”) at www.suddenlee.com, and your use of the account shall at all times be governed by these Terms of Use and Customer Centric’s Web Site Privacy Policy. You are solely responsible for any and all use of your User Account and for maintaining the confidentiality of your password. You agree not to provide your account name and password to any other person or to use the User Account of another user of the Web Site at any time. You must exit from your User Account at the end of each session. You agree to notify us immediately if you suspect any unauthorized use of or access to your User Account. We reserve the right to accept or refuse your membership request in our discretion. You may not transfer or assign your Suddenlee membership. We reserve the right to place a membership account on hold at our discretion to investigate potential fraud or misuse of the Web Site. All purchases by you through the Web Site are for personal use and not for resale. We reserve the right to monitor your use of your account for website improvement purposes and Customer Centric performance tracking.

(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.

9. DISCLAIMERS.

(a) NO WARRANTIES INDEMNIFICATION. (i) As retailers, and not Customer Centric, offer the products for sale, we do not give any warranty or guarantee of any kind that product descriptions or any other content of the Web Site is accurate, complete, reliable or error-free. Product guarantees will be provided to you by each individual retailer in respect of their products. We are not responsible for the products you ask us to purchase on your behalf from third-party retailers, manufacturers or suppliers using our Web Site. (ii) Customer Centric makes no representations or warrants the operations of the Web Site or its information, content and products contained within. You expressly agree that your use of the Web Site is at your sole risk. (iii) To the full extent permissible by applicable law, Customer Centric disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Customer Centric does not warrant that the Web Site, its servers, or email sent from Customer Centric are free of viruses or other harmful components. Customer Centric will not be liable for any damages of any kind arising from the use of the Web Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. (iv) YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CUSTOMER CENTRIC PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND CUSTOMER CENTRIC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. CUSTOMER CENTRIC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CUSTOMER CENTRIC SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. (b) INDEMNIFICATION. You agree to defend, indemnify and hold Customer Centric and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Customer Centric, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms of Use (ii) your breach of your obligations under these Terms of Use (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right and/or (v) any claim that your User Content caused damage to a third party.

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.

11. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Customer Centric’s Privacy Policy located at www.suddenlee.com/privacy and which is fully incorporated herein by reference.

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.

(a) The Web Site does or may now permit the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files, comments, blog entries, editorials and original publications (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content. Customer Centric collective does not guarantee any confidentiality with respect to any submissions of User Content to us. You will have the ability to determine what level of sharing of your User Content you will grant to your [friends] and other users of the Web Site. The User Content that you designate as “private” (or equivalent) will not be viewable by any party except as provided in Paragraph 13(e) below. However, any User Content that you provide or make available to other users of the Web Site may be copied and used by those parties in accordance with these Terms of Use, and those parties will be permitted to continue to use such User Content already in his, her or its possession in accordance with these Terms of Use if you subsequently designate such User Content as “private” (or equivalent). Additionally, all User Content, no matter to what category designated, will be viewable by “admin” and “super admin” users to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Web Site. You also consent that all User Content that you post to the Web Site that is at any point designated as anything other than “private” (or equivalent), even if you delete such User Content, will at all times be available to us for any purpose provided, however, that if you designate uploaded User Content as “private” (or equivalent) immediately after uploading it, such User Content shall be deemed to have initially be designated as “private” (or equivalent). By using the Web Site you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Web Site is not under Customer Centric’s control and Customer Centric is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.

(b) You shall be solely responsible for the User Content that you submit, for labeling any such User Content as original work that you have done yourself or as un-original work that you have obtained through a third party, whether through Customer Centric or other sources (but with permission for use on the Web Site in the manner described in these Terms of Use), and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Customer Centric and those other users of the Web Site that you designate as permitted to use such User Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content you designate as anything other than “private” (or equivalent) to enable inclusion and use of the User Content as Customer Centric deems appropriate and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Web Site and these Terms of Use. By submitting the User Content to Customer Centric, you hereby grant Customer Centric a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Web Site and Customer Centric’s (and its agents, affiliate’s and successor's) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Site a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform such User Content your User Content that is labeled as anything other than “private” (or equivalent) as permitted through the functionality of the Web Site and under these Terms of Use.

(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.

(d) You acknowledge that Customer Centric does not pre-screen User Content, but that Customer Centric and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Web Site. Without limiting the foregoing, Customer Centric and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User 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 or User Content created by Customer Centric or submitted to or appearing on the Web Site.

(e) You acknowledge and agree that Customer Centric may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (ii) enforce these Terms of Use (iii) respond to claims that any User Content violates the rights of any third parties or (iv) protect the rights, property or personal safety of Customer Centric, its users and/or the public.

(f) Customer Centric does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Customer Centric expressly disclaims any and all liability in connection with User Content. Customer Centric does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Customer Centric will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Customer Centric reserves the right to remove Content and User Content without prior notice. Without limiting Customer Centric’s right to cause the termination of a User Account for any or no reason, Customer Centric will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Web Site who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Site more than twice. Customer Centric also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Customer Centric may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

(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.

If you believe that any Content or User Content on the Web Site violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 13 above), please contact Customer Centric at the address, email address or telephone number set forth at the bottom of these Terms of Use.

15. LOCAL LAWS. Customer Centric makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Customer Centric is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site shall be deemed solely based in the State of Delaware, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over Customer Centric, either specific or general, in jurisdictions other than the State of Delaware. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

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.

17. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms of Use and/or is harmful to other users of the Web Site, to Customer Centric, to the business of the Web Site’s Internet service provider, or to other information providers. You agree that Customer Centric will not be liable to you or any third party for any termination of your account or right to access to the Web Site.

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.

19. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to Customer Centric’s Web Site Privacy Policy. All comments and complaints relating to the products purchased should be made directly to the ultimate seller of such product.

20. MISCELLANEOUS. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Customer Centric’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Your Consent To These Terms of Use

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms of Use. These Terms of Use, together with Customer Centric’s Web Site Privacy Policy and any other legal notices published by Customer Centric on the Web Site, shall constitute the entire agreement between you and Customer Centric concerning the Web Site. If we decide to change these Terms of Use, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

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
877-604-5163
CustomerCare@suddenlee.com
Copyright © 2011. Customer Centric Corp. All Rights Reserved.
EFFECTIVE AS OF: JUNE 6, 2011
LAST UPDATED: JUNE 6, 2011