Last updated: June 19th, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.surgefulfillment.com website operated by Surge Fulfillment LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Compliance With Applicable Laws
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content you post to SurgeFulfillment.Com (Surge Fulfillment LLC), and that by making a submission you are consenting to its display and publication on the Services and in related online and offline promotional materials, in accordance with the guidelines. We may change or modify those guidelines at any time.
The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by SurgeFulfillment.Com (Surge Fulfillment LLC) in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.
To Other Web Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by SurgeFulfillment.Com (Surge Fulfillment LLC).
SurgeFulfillment.Com (Surge Fulfillment LLC) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SurgeFulfillment.Com (Surge Fulfillment LLC) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Indemnify & Holds Harmless
You hereby agree to indemnify, defend (with counsel reasonably acceptable to SurgeFulfillment.Com (Surge Fulfillment LLC), protect, and hold harmless SurgeFulfillment.Com (Surge Fulfillment LLC) and its officers, directors, managers, affiliate identities and persons, employees, agents, representatives and attorneys (collectively the “Representatives”) from and against any and all claims, causes of actions, demands, judicial and administrative proceedings, liabilities, forfeitures, errors, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and attendant costs and expenses, whether or not suit is filed or proceedings instituted thereon), directly or indirectly arising in connection with this website and/or products, or the various subject matters hereof, or relationships created hereby, or any breach of this stated terms of service. Whether or not intentional or negligent, and whether or not covered by any policies of insurance.
You also agree to hold SurgeFulfillment.Com (Surge Fulfillment LLC), and its Representatives, harmless from and against any damages or losses whatsoever, in the event of mechanical, power or communications failures which are out of SurgeFulfillment.Com (Surge Fulfillment LLC) control.
Limitation of Liability
IN NO EVENT WILL SURGEFULFILLMENT.COM (SURGE FULFILLMENT LLC) OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SURGEFULFILLMENT.COM (SURGE FULFILLMENT LLC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SURGEFULFILLMENT.COM (SURGE FULFILLMENT LLC) LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This Agreement shall be governed by the laws of the United States and the District of Columbia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and SurgeFulfillment.Com (Surge Fulfillment LLC) and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
If you have any questions about these Terms, please contact us.