Terms and Conditions of Use
SurgeStore.com Site Terms and Conditions of Use
Last Revised: September 24, 2018
These Terms and Conditions of Use (“Terms”) govern the access or use by you, an individual from within the United States (“you”), of websites, content, products and services (hereinafter referred to as the “Site”) made available in the United States by SURGESTORE.COM, and its subsidiaries, partners, affiliates or assigns, hereinafter referred to as “SURGESTORE.COM.” PLEASE READ THESE TERMS AND, IF APPLICABLE, THE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING OR USING THE SITE.
By accessing, browsing, submitting information to and/or using the Site, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Site.
Use of the Site. SURGESTORE.COM grants you a non-exclusive right to access and use the Site and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Site shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the SURGESTORE.COM to use the Site for commercial purposes. You agree to use the Site only for lawful purposes, comply with all rules governing any transactions on and through the Site and comply with applicable laws.
User Account Responsibility. If you are given or create an account and a password to access the Site, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify SURGESTORE.COM immediately of any unauthorized use of your account. SURGESTORE.COM is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses. You agree that you will not:
- Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Site account, computer system or networks associated with SURGESTORE.COM or the Site;
- Obtain or attempt to obtain any materials or information through the Site by any means not intentionally made available or provided by SURGESTORE.COM;
- Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the SURGESTORE.COM, a SURGESTORE.COM employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third Party Applications. You acknowledge that your access and use of any third party applications or software on our Site and Content (the “Third Party Applications”) is at your discretion and risk, and the SURGESTORE.COM has no liability to you arising from your use of the Third Party Applications. SURGESTORE.COM hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold the SURGESTORE.COM harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
Intellectual Property Notices. The Site and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Site or Content in any manner, except as expressly permitted by SURGESTORE.COM in these Terms. SURGESTORE.COM reserves all rights in the Site and Content. The Site or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of the SURGESTORE.COM or applicable owner.
Your Content. Any Content you create or own or to which you have a license and use on the Site is Your Content. In sharing Your Content on the Site, you warrant and represent you have the legal right to use Your Content and grant the SURGESTORE.COM an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Site services as described in these Terms and in any posted policies on the Site. The Site services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our SURGESTORE.COM systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Site. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the SURGESTORE.COM or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
We take complaints about intellectual property misuse very seriously. Questions or concerns regarding the use of any intellectual property provided on the Site should be directed to [email protected]
Typographical Errors. In the event that a SURGESTORE.COM product is mistakenly listed at an incorrect price, SURGESTORE.COM reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SURGESTORE.COM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made. If payment has already been made for the purchase and your order is cancelled, SURGESTORE.COM shall issue a credit to your credit card account or refund your payment in the amount you were charged.
Order Cancellation. SURGESTORE.COM reserves the right to cancel your order for any reason and at any time prior to shipment. If SURGESTORE.COM cancels your order, your sole and exclusive remedy is that SURGESTORE.COM issue a like-kind credit to your respective payment card, PayPal, or other account in the amount charged for the cancelled order.
United States Only. SURGESTORE.COM is based in the state of Florida in the United States. SURGESTORE.COM provides this Site for use only by persons located in the United States. We make no claims that the Site or any of its contents are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries.
Warranty Disclaimer. This Site and the materials on this Site are provided "as is" and without warranties of any kind, whether express or implied. Products manufactured by SURGESTORE.COM and sold under certain Company brand names or third party brand names may carry a limited warranty. The Terms of any limited warranty may differ by product and may be subject to the Terms and Conditions of Sale.
To the fullest extent permissible pursuant to applicable law, SURGESTORE.COM disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose and non-infringement. SURGESTORE.COM does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. To the greatest extent permitted by law, SURGESTORE.COM does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY SURGESTORE.COM TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. SURGESTORE.COM AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, SURGESTORE.COM AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT SURGESTORE.COM AND ITS THIRD PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER SURGESTORE.COM NOR ANY OF ITS THIRD PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. SURGESTORE.COM FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT SURGESTORE.COM, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST SURGESTORE.COM FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SURGESTORE.COM OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE CONTENT, DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF SURGESTORE.COM OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO AND NOT IN LIEU OF ANY LIMITATIONS OF LIABLITY FOUND IN ANY PRODUCT WARRANTY.
Indemnity. You agree to indemnify, defend, and hold harmless SURGESTORE.COM, its members, managers, shareholders, directors, officers, employees, attorneys, insurers, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. In the event suit is commenced concerning use of this Site, costs of said suit including reasonable attorneys’ fees in all proceedings, trials, investigations, appearances, appeals, arbitrations, and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non-prevailing parties.
Termination and Restriction of Access. In its sole discretion, the SURGESTORE.COM may terminate or suspend your access to the Site for breach of these Terms. SURGESTORE.COM shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, the SURGESTORE.COM may require you to submit any disputes arising from use of the Site, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. By using the Site, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Site (including the purchase of SURGESTORE.COM products) must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Florida, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including the purchase of SURGESTORE.COM products) shall be in the state courts located in Hernando County, Florida or the federal courts located in Tampa, Florida.
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the SURGESTORE.COM as a result of these Terms or use of the Site. You may not assign these Terms without the prior written consent of the SURGESTORE.COM in all instances. SURGESTORE.COM may assign these Terms, in whole or in part, at any time. SURGESTORE.COM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the SURGESTORE.COM’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the SURGESTORE.COM with respect to such use.
Wherever the singular and masculine are used, they shall be construed as if the plural or the feminine or the neuter had been used, where the context or the party or parties so requires, and the rest of the sentence shall be construed as if the grammatical and the terminological changes thereby rendered necessary had been made. Headings are provided as an organizational convenience and are not meant to be construed as material provisions. In this Agreement, the words “including” and “include” mean “including, but not limited to.” Your access and use of the Site constitutes your agreement to be bound by these Terms, and establishes a contractual relationship between you and SURGESTORE.COM. These Terms expressly supersede any prior agreements with you. SURGESTORE.COM may alter or terminate these Terms, or any part of them, without notice at any time, for any reason. The provisions relating to intellectual property, copyrights, trademarks, disclaimers, warranty, limitation of liability, general and indemnification shall survive any termination.
No notices posted by third parties on this Site shall be deemed notice to SURGESTORE.COM. SURGESTORE.COM may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to SURGESTORE.COM.
A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SURGESTORE.COM Contact Information and Notice. Questions can be directed to the SURGESTORE.COM at: [email protected]