randomDEAL.com

Privacy Policy

SUMMARY (full policy)
Your privacy is our main concern when you visit randomDEAL.com. We will never share your individual information with anybody, at any time. We utilize many security techniques to safeguard any information that you submit to us. We maintain a strong commitment to your privacy within our company. When you provide us with personal information including, but not limited to your name, address, phone number, e-mail address, payment information, it will be used only in the method that you authorized. We do not, under any circumstances share, sell or otherwise provide any other parties with any customer information, unless we are legally required to by a court order. We do not accept any request for any personal sensitive information about anyone, from anyone. Any reported inaccuracies will be immediately corrected after proper proof of identification. If you have any questions or concerns regarding our privacy policies, please contact us by using the contact us form found under "About Us".

OUR COMMITTMENT TO PRIVACY
randomDEAL.com and the Privacy of Visitors and Members:
Internet user privacy and confidentiality is of the utmost importance to randomDEAL.com. Our reputation and integrity is directly related to how we serve our Web site's users and members. Please find below a description of how randomDEAL.com strives to protect your privacy.

To protect your privacy, randomDEAL.com:
Uses 128-bit SSL encryption when any credit card information is transmitted back and forth.

How we use the information we collect:
randomDEAL.com never releases personal identifiable information about you to any third party. BUT please note that randomDEAL.com may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) randomDEAL.com's rights or property, other randomDEAL.com users, or anyone else that could be harmed by such activities. randomDEAL.com may disclose user information when we believe in good faith that the law requires it.

The Information We Collect:
This notice applies to all information collected or submitted on the randomDEAL.com website. On some pages, you can order products, sign up for membership, make requests, and register to receive materials. The types of personal information collected at these pages are:

Name
Address
Email address
Phone number
Credit/Debit Card Information
Age
Gender

The Way We Use Information:
We use the information you provide about someone else or yourself when placing an order or signing up for a service, only to ship the product and to confirm delivery or to provide the service. We do not share this information with outside parties except to the extent necessary to complete that order or provide that service. (i.e. Fed Ex)

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can choose to receive updates on our new products and services at registration time. Information you submit on our Web site will not be used for this purpose unless you fill out the registration form and select to receive these updates on our new products and services.

We use non-identifying and aggregate information to better design our Web site. Through our Live Chat feature we can communicate with you. Information about what page you are viewing, your IP address and the pages you have seen are available to help you better select products and answer your questions. We may use an aggregated, non-identifying version of this information to help better design our site.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

How to update your information on randomDEAL.com:
randomDEAL.com members can update their information by going to http://www.randomDEAL.com/account/ and logging in with their email address and password, and clicking on "INFO" to update their personal information as appropriate.

Opting-out of email announcements and marketing:
randomDEAL.com members cannot opt-out of receiving announcements from randomDEAL.com as long as they have an active account:

Mmmmm ... Cookies
Currently, randomDEAL.com does not use any cookies at all, but randomDEAL.com may use cookies in the future to improve your Web browsing experience. A cookie is a snippet of code stored on your computer that we access to help identify you, what is in your shopping cart, etc. When you first access a randomDEAL.com Web page you get a cookie to keep your shopping cart current. We also will assign a cookie if you wish to stay logged into the system so you do not need to re-enter your user name and password every time. If you refuse a cookie, you can still use randomDEAL.com but your experience may differ from those individuals using cookies. You may not be able to maintain a shopping cart if you refuse cookies.

Disclosure
randomDEAL.com openly volunteers its practices of collecting information, its targeting capabilities, and its use of cookies. If you have any questions pertaining to this privacy policy and its contents, please contact us by using the contact us form found under "About Us".

randomDEAL.com reserves the right to amend this Privacy Statement at any time without notice, and only the current Privacy Statement may be deemed effective. Regardless of later updates or changes to our privacy notice, we will never use the information you submit under our current privacy notice in a new way without first providing you an opportunity to opt-out or otherwise prevent that use.

This Privacy notice was last updated on February 16, 2006 and is deemed effective as of this date.

© 2006 randomDEAL.com

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"We show you just ONE great DEAL at a time."
- randomDEAL.com

Do you have a GREAT DEAL to offer on a product or service you sell?
Click here to promote your offer on randomDEAL.com with no risk.

About Us | ©2006 randomDEAL.com | Disclaimer

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By creating an account, you understand and fully agree to the Terms of Service.

Before enabling your account, we will send you an email you MUST confirm, which will take you to the password creation screen.

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Terms of Service

randomDEAL.com DEAL Program Terms of Service

These randomDEAL.com DEAL Terms of Service ("Terms") are entered into by you and randomDEAL.com ("randomDEAL.com") only as it relates to the randomDEAL.com DEAL Program ("Program") as further described in the Program's frequently asked questions (the "FAQs") located at www.randomDEAL.com.com/promote.php, and this document (collectively, known the "Agreement"). "You" or "you" means the party listed on the account you create and you represent you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate a DEAL. By setting up an account and/or submitting a DEAL, you hereby agree to and acknowledge:

Policies. Program use is subject to all applicable randomDEAL.com policies as outlined herein, the Program's frequently asked questions at http://www.randomDEAL.com.com/promote.php (the "FAQs"), and the randomDEAL.com Privacy Policy. Policies may be modified any time. Some Program features may be identified as "Beta," or otherwise unsupported ("Beta Features"). Beta Features are provided "as is" and at your option and risk. You shall not disclose to any third party any information from, existence of or access to Beta Features. randomDEAL.com may modify how Program works to comply with any randomDEAL.com policy changes.

The Program. You are solely responsible for all: (a) all DEAL content and DEAL URLs ("Creative"), whether generated by or for you; and (b) web sites proximately reachable from Creative URLs and your services and products (collectively "Services"). You shall protect your password(s) and take full responsibility for your own, and third party, use of your accounts. randomDEAL.com may reject or remove any DEAL or Creative for any or no reason. You may independently cancel online any campaign at any time (such cancellation is generally effective within 24 hours). randomDEAL.com may cancel immediately any IO, the Program or these Terms at any time with notice (additional notice is not required to cancel a reactivated account). randomDEAL.com may modify the Program or these Terms at any time without liability and your use of the Program after notice that Terms have changed indicates acceptance of the Terms. Sections 1, 2, 4, 5, 6, 7 and 8 will survive any expiration or termination of this Agreement.

Prohibited Uses. You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your DEAL is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant randomDEAL.com all rights to copy, distribute and display your DEAL and Creative; and (z) such Use and websites linked from your DEAL (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences.

We reserve the right to exercise discretion regarding the DEAL we accept from you on our site. Therefore, we may not accept a DEAL related to certain products or services. We do not allow any DEAL with any "adult" oriented type of offering (sexual product(s), pornography, etc), any DEAL related to tobacco or drugs (legal or illegal), any DEAL realted to anything illegal, or or any DEAL related to perscription medication sold over the internet. You MUST adhere to the following:

Your image and/or text DEAL may NOT contain:

Any material intended for persons over 18.
Mature sexual themes.
Strong language.
Nudity and/or sexual activity.
Crude or indecent language.
Offensive or inappropriate language.
We reserve the right to exercise our editorial discretion concerning this image DEAL requirement.

Your image and/or text DEAL may NOT:

Be segmented, contain multiple copies of itself within the DEAL, or otherwise appear to be more than one DEAL.
Show misleading images. Your images should be relevant to your product(s) or service offered in the DEAL.
Pretend to be a system or site warning.
Mimic or resemble Windows/Mac/Unix dialogue boxes or error messages.
Have mock animated features, such as drop down menus or search boxes, unless the functionality actually works.
We reserve the right to exercise our discretion with these types of DEAL submissions.

Your image and/or text DEAL may not imply an affiliation with randomDEAL.com.

Example of inaccurate affiliation:
'randomDEAL.com special offer!'

Your image and/or text DEAL MUST support competitive claims. If your DEAL favorably compares your business with a competitor's business, you should support this claim on the landing page.

If your image and/or text DEAL contains superlatives, comparative or subjective phrases such as 'Best,' 'Cheapest,' 'Top,' or '#1,' a verification of these claims by a third party should be clearly displayed on your Creative / Target page.

Your image and/or text DEAL must include a special discount, or 'free' offer, as ALL offers on randomDEAL.com are special offers and promotions. AND that DEAL MUST be clearly and accurately displayed on the DEAL landing page that the Target / Creative URL points to.

Example: If your DEAL communicates "50% off red flannel shirts", your Destination URL (Target / Creative) must link to a landing page that clearly displays the red flannel shirts at the discounted price, AND THEY MUST BE AVAILABLE / IN STOCK and ship in a timely fashion to customers.

Your DEAL code may NOT contain any audio or video, of any nature.

You MUST host any and all image(s) for the DEAL on the randomDEAL.com server/site.

If you change the contents of the page that the Target / Creative URL points to AFTER randomDEAL.com activates your DEAL, it is a violation of these Terms of Service and can lead to suspension of your DEAL and/or account with forefeiture of any remaining balance in your account.

Disclaimer and Limitation of Liability. randomDEAL.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. randomDEAL.com disclaims all guarantees regarding availability, uptime, frequency and/or timing of: (i) presentation of DEAL (ii) clicks or (iii) conversions for any DEAL or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE (NOT INCLUSIVE OF ANY CREDITS) TO randomDEAL.com BY YOU FOR THE DEAL GIVING RISE TO THE CLAIM. Except for payment, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

Payment. You shall be charged based on actual clicks or other billing methods you may choose online (e.g. cost per impression) if/when other options are made available. You shall pre-pay all charges in US Dollars via your online randomDEAL account. Charges are exclusive of taxes. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees randomDEAL.com incurs collecting late amounts if you generate clicks in a fashion to cause your balance to become negative. You waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on randomDEAL.com's click measurements as described in the FAQ's. Refunds (if any) are at the discretion of randomDEAL.com and only in the form of account balance credit for usage on randomDEAL.com. You acknowledge and agree that any credit card and related billing and payment information that you provide to randomDEAL.com may be shared by randomDEAL.com with companies who work on randomDEAL.com's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to randomDEAL.com and servicing your account. randomDEAL.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. randomDEAL.com shall not be liable for any use or disclosure of such information by such third parties.

Indemnification. You shall indemnify, hold harmless, and defend randomDEAL.com from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Targets, Creative and Services and breach of the Agreement.

Miscellaneous. The Agreement must be construed as if both parties jointly wrote it, governed by Colorado law. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents by email, but any modifications by you to the Agreement must be made in a writing (not including email) executed by both parties. Any notices to randomDEAL.com must be sent to: randomDEAL.com, LLC, PO Box 67, Breckenridge, CO 80424, USA, with a copy to Legal Department, via first class or air mail, certified, with return recipt requested, and are deemed given upon confirmed receipt returned to you. Notice to you may be effected by sending email to the email address specified in your notice and/or account, and is deemed received when sent (for email). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights hereunder and any such attempt is void. randomDEAL.com and you are not legal partners or agents, but are independent contractors.

February 20, 2006