Terms & Conditions

Site Use Terms and Conditions and Privacy Policy

Kudos 365 is a Washington Corporation. (“Kudos 365”) provides all information on the www.kudos365.com and other web sites (together with the underlying source HTML files that implement the hypertext features, this "Site") exclusively under the following Terms and Conditions.

This Site is offered by Kudos 365 to you free of charge on the express condition that you accept, without modification, and abide by these Terms and Conditions. Your access and use of this Site is conditioned upon your continued compliance with these Terms and Conditions. Please read these Terms and Conditions carefully, as your use of this Site constitutes your acceptance of these Terms and Conditions. Kudos 365 reserves the right to change the Terms and Conditions any time by reasonable notice, including, without limitation, by posting revised terms on this Site (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms and Conditions each time that you view this Site.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

1. Ownership, License & Restrictions on Use

1.1 Unless otherwise indicated, Kudos 365 or its licensors holds the copyright to all materials on this Site, including without limitation, photographs, text, graphics, logos, icons, images, content, audio/visual clips and design. Additionally, unless otherwise indicated, Kudos 365 owns all of the trademarks, slogans and logos (collectively, the “Marks”) used and displayed on this Site. Except as otherwise set forth in these Terms and Conditions, no material from this Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on this Site may violate copyright, trademark and other laws. Kudos 365 retains all rights not expressly granted, and nothing in these Terms and Conditions constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms and Conditions should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Kudos 365 or any third party.

1.2 No part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Kudos 365.

1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252 .227-7013©(1)(ii) and FAR 52 .227-19.

1.4 You further acknowledge (a) that you are not under the age of 13; (b) if you are under 18 years of age you have your parent’s or guardian’s permission to order.

2. Linking

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site or a subsequent page so long as the link does not portray Kudos 365, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kudos 365 logo or other proprietary graphic or trademark as part of the link without express written permission from Kudos 365.

3. Membership

You may become a member of this website by completing and submitting a membership application. You do not have an automatic entitlement to membership and Kudos 365 may, at it sole discretion elect to refuse, suspend, or restrict your membership at any time. Once membership is granted you will be able to access “members-only” areas of the site with use of a username and password you choose at the time you become a member. You must use reasonable efforts to keep your username and password confidential, and you are responsible for each and every access or use of this site that occurs in conjunction with the use of your username and password. Kudos 365 will treat any personal information that you submit through this site in accordance with its Privacy Policy. http://www.kudos365.com/privacy.

Kudos 365 offers three types of membership:

1. Individual Members – Individual Members may redeem Coupons, make donations, and solicit other members to join the site.
2. Business Members – Business Members may post a free directory listing, purchase advertising space, and offer Coupons to Kudos 365 members.
3. Organizations – Organizations may consist of IRS 501(c)(3) non-profit organizations or other organizations, including for-profit organizations.

You warrant to Kudos 365 that, as a member, in relation to content that you upload to the site:

1. you own the intellectual property rights in that content;
2. that content does not infringe the intellectual property rights of a third party;
3. that content is not fraudulent, stolen, or otherwise unlawful;
4. that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
5. that content is not defamatory, unlawfully threatening or unlawfully harassing; and
6. that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

4. Coupons

Kudos 365 provides members the opportunity to redeem special offers from Business Members with a time-limited promotional added value (a “Coupon”). Kudos 365 markets the Coupons and acts as an agent in offering the Coupons on behalf of Business Members. However, the Business Members are the issuers of the Coupons. As the issuer of the Coupon, the Business Member shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a member, caused in whole or in part by the Business Member or its products or services. Business Members warrant that they have the full right and authority to offer a Coupon, and they are solely responsible for the accuracy of text printed on their Coupons.

Each Coupon has specific terms associated with the Coupon. You agree to redeem the Coupon based on the terms, restrictions and conditions associated with the Coupon. Coupon specific terms supersede any inconsistent terms in these Terms and Conditions, except to the extent such terms are prohibited by applicable law. Whether you choose to redeem a Coupon is within your sole control and at your sole discretion. Kudos 365 does not guarantee that any member will redeem a Business Member’s Coupon.

Unless otherwise stated in the Coupon or required by law, the following terms apply to all Coupons:

• No cash back or credit will be issued for partial redemption of a Coupon,
• One (1) Coupon may be used per redemption,
• Neither Kudos 365 nor any Business Member is responsible for lost or stolen Coupons,
• Coupons cannot be combined with other offers, coupons, third party certificates or promotions,
• Coupons cannot be used for sales, value added or use taxes, tips, prior balances, or shipping and handling, as applicable, which may be charged to you separately by the Business Member at the time you redeem the Coupon.
• The expiration date for a Coupon is as printed on the Coupon, except where prohibited by law. The Business Member is obligated to honor the Coupon in compliance with applicable local laws.

5. Affiliate Shopping Sites

Kudos 365 does not sponsor or endorse any products for sale in the online stores in its affiliate shopping mall.

6. Payment to Organization Schedule

6.1 Kudos 365 believes in donating back to the community. Twenty-five percent (25%) of the net sales price for each Coupon sale are provided by to Organizations based on our member preferences. The commission rate may be varied by Kudos 365, in its sole discretion, from time to time. Any changes to the commission rates by Kudos 365 will take effect on and from the date on which notice of the variation is posted by Kudos 365 on the Site. If Kudos 365 is unable to provide a commission to an organization selected by a member, Kudos 365 will provide the commission to another organization to be determined in Kudos 365’s sole discretion. Kudos processes these payments quarterly in the months of January, April, July and October.

7. Disclaimers

7.1 This Site (including without limitation all services and content) are provided “as is” and “with all faults” without warranty of any kind and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Kudos 365 does not sponsor, endorse, and is not otherwise affiliated with any Business or Organization Member of this site. Further, Kudos 365 does not verify or guarantee the accuracy or validity of any member content uploaded to this site, including but not limited to the tax status of any Organization Member, or the validity of any Business Member’s Coupon. The contents of this website are provided for informational purposes only, and Kudos 365 is not engaged in the business of fundraising for any organization. There is no warranty, representation or guarantee that this Site will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from this Site is free of viruses, worms, Trojan horses or other harmful components. Further, Kudos 365 does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of this Site either in terms of its compatibility with hardware or other software, its reliability or otherwise; and you rely on this site solely at your own risk. Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by our failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.

7.2 This Site is managed in the state of Washington, United States of America. Kudos 365 makes no representation that it operates (or is legally permitted to operate) in all geographic areas. Kudos 365 makes no representation that the sites, services or information found through this Site are appropriate or available for use in all geographic locations, and accessing this Site from territories where the content of this Site is illegal is expressly prohibited. If you view this Site and/or access the services from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

7.3 Kudos 365 disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to: (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third party web sites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of this Site or any portion thereof; (d) your use of this Site; or (e) your use of any equipment or software in connection with this Site.

8. Limitation of Liability

In no event and under no circumstances shall Kudos 365 or its sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use this Site, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of this Site, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms and Conditions fail of their essential purpose.

9.Hold Harmless

You agree that you will hold harmless Kudos 365, its officers, directors, employees, attorneys, licensors, customers and vendors from all claims arising out of or related to your access or use of, or your inability to access or use, this Site or other sites to which they are linked. If your use of materials from this Site results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

10. Changes to Site and These Terms and Conditions

This Site and these Terms and Conditions may be changed by Kudos 365 with or without notice. Please review the Terms and Conditions on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

11. Governing Laws in Case of Dispute; Jurisdiction; Venue; Statute of Limitations

These Terms and Conditions are governed by the laws of the State of Washington, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in King County, Washington. You agree that the statute of limitations for any claim against Kudos 365 shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

12. Entire Agreement; Severability

These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site.

13. Privacy

Kudos 365 understands that many visitors to this Site may be concerned about the information that they may provide or that may be generated from their use of this Site and how Kudos 365 may use such information. Protecting privacy is an important priority to Kudos 365. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from this Site and you can view our Privacy Policy at http://www.kudos365.com/privacy.

14. Equitable Remedies

You agree that, if the terms of these Terms and Conditions are not specifically enforced, Kudos 365 will be irreparably damaged, and therefore you agree that it shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies.

15. Copyright; Permitted Uses; Restrictions on Use

Materials available on this Site are protected by copyright law. Copyright © 2010 Kudos 365, Inc. All rights reserved. Listed below are trademarks for Kudos 365. Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site without the express written permission of Kudos 365, Inc. , or such third party that may own the Trademark.

Kudos 365®

16. Miscellaneous

16.1 If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and Conditions and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms and Conditions.

16.2 Failure by Kudos 365 to enforce any particular term of these Terms and Conditions shall not be construed as a waiver of any of our rights hereunder.

16.3 These Terms and Conditions have been written in the English language and the English language shall control. These Terms and Conditions, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms and Conditions in any language other than English.

Posted: [January 25, 2011]