You acknowledge and agree that the policies are supported by good and valuable consideration including but not limited to permitting your use of the sites, receipt of data and information, as well as the potential publicity and promotion received from any postings (as defined herein).
MODIFICATIONS TO THE SITE AND LIMITED PROMOTIONS
Surge reserves the right in its sole discretion, at any time and from time to time without notice to change, modify, alter, suspend or discontinue any feature, service, product, content or functionality offered through the site (“modifications”). Such modifications may include but are not limited to offering opportunities or promotions to some but not all users of the site; adding premium features with or without charge; requiring registration or verification for use of any feature; or discontinuing any part or all of the site.
All features, content, specifications, products and prices of products and services described or otherwise depicted on the sites are subject to change at any time in surge’s sole discretion without notice. Surge makes all reasonable efforts to accurately display the attributes of the products, including the applicable colors, however we cannot guarantee that your computer system will accurately display the attributes of such products. The inclusion of any products or services on the site at any particular time does not imply or warrant that these products or services are available at that time or available for shipment to your preferred shipping location.
It is your responsibility to confirm and obey all applicable federal, state, local and international laws in regard to the sale, possession and use of any item purchased from the sites, including but not limited to any minimum age requirements. By placing an order, you represent and warrant that such use will be only in a lawful manner and not for re-sale or distribution to third parties and that you are authorized to use the credit card or other payment method you have used in connection with such order. Surge reserves the right to refuse any order or transaction you place through the sites. Additionally, surge may limit or cancel quantities or orders purchased per registrant, person, per household or per order, for a violation of any of the policies or otherwise as surge determines in its sole discretion. Surge specifically reserves the right to limit, cancel or otherwise prohibit orders that in surge’s sole determination appear to be placed, by unauthorized dealers, re-sellers, distributors or other person(s) for the purpose of resale to third parties. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event surge makes any change to or cancel an order, surge will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
All orders made on the sites shall be subject to the applicable product returns and 100% satisfaction guarantee in place at the time of order which is provided as a link at the footer of the sites.
Subject to compliance with the shipping restrictions contained on the sites [we should have a link or policy somewhere], all products will be shipped to the address provided at the time of order and subject to such shipping costs as set forth at the time of purchase.
SITE MATERIALS AND POSTINGS
Except as otherwise explicitly noted, all information, materials and other content on the site, including but not limited to all text, images, designs, photographs, videos and other materials (the “materials”), are the copyrighted property of surge or its licensors. You acknowledge and agree that the materials and the copyrights, trademarks, trade dress and/or other intellectual property in connection with such materials is owned, controlled or licensed by surge. The materials on the sites are intended solely for your personal, non-commercial use. Unless surge explicitly authorizes otherwise in writing, you may not download, copy, transmit, reproduce, publish, distribute, modify or otherwise exploit the materials in any manner other than for your non-commercial use of the sites. No right, title or interest in any materials is transferred to you through your use of the sites, regardless of whether or not the materials are configured to enable the download or copying thereof. Where the sites are configured to enable the download or copying of any materials, such download or copying, shall be for your personal non-commercial use only. In no event shall you remove any intellectual property notices, or be permitted to utilize the materials for any commercial purposes. Further, in no event shall you decompile, disassemble, or reverse engineer any code, function or feature on the sites.
You shall never challenge or encourage anyone to challenge surge’s ownership of or the validity of surge’s trademarks, logos, trade dress, service marks or any application or registration thereof (“surge labs”). You shall not at any time or in any manner, knowingly or intentionally, engage or perform in any activity or permit any act, which may in any way adversely affect any surge marks or surge’s rights therein. Nothing contained on the sites grants or should be construed as granting, by implication, estoppel or otherwise any license or right to use any company marks displayed on the sites without the written permission of surge.
The materials contained on the sites are for information purposes only and are not meant to be a substitute for the advice of a licensed professional of your personal due diligence with respect to your personal attributes. For the avoidance of doubt, the materials do not constitute medical advice in any manner including but not limited to advice with respect to the diagnosing or treatment of health problem or disease. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. You should consult your doctor before takings any products or otherwise engaging in any exercise, training or activities contained or discussed on the sites. Due to the unique restrictions of amateur and professional sports organizations (IE. WADA, NCAA, NFL, MLB, NBA, UIL, etc.), it is recommended that you consult with the appropriate governing body or organization before taking any product or engaging in any other activity contained on the sites. Surge is not responsible for any medical, health, or other eligibility that may result from you consuming any product or engaging in any activity described on the sites or from information, which you obtain from the sites.
Provided that your postings comply with the User Code of Conduct (as defined below), surge welcomes your comments regarding our products, services and any other topic with which we specifically request or permit your input. However, in order to avoid the possibility of any future misunderstandings in connection with products, projects or creative ideas which surge develops, which may be similar to a third party’s creative materials, it is the surge’s long-standing policy to not allow, accept, or consider creative ideas, proposals, suggestions or other materials which we do not specifically request from you in writing (“unsolicited materials”). Therefore, we request that you do not provide any unsolicited materials in the postings or in any other manner to surge. You acknowledge and agree that any postings or other materials provided to surge by any means shall not be made in confidence or with obligation to review or provide any consideration or compensation. You acknowledge and agree that surge is constantly developing products, programs or services and that the development and exploitation thereof shall not entitle you to any compensation of any sort, regardless of the similarity to any unsolicited materials.
You further acknowledge and agree that surge at any time and without restriction may edit, copy, publish, distribute or otherwise exploit the postings in any medium or manner in its sole discretion. By submitting a posting to any of the sites, you automatically grant and you represent and warrant that you have the right to grant to surge an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty free, worldwide license (with the right to sub-license), to use, copy, perform, display, reformat, translate, distribute, excerpt (in whole or in part), prepare a derivative work of, incorporate into other works, or otherwise exploit any portion of the postings in any media or manner now known or hereafter developed in surge’s sole discretion. For the purposes of the policies, “postings” shall mean any text, stories, artwork, images, photographs, video clips, messages, ideas, concepts, suggestions, audio-visual works, musical compositions, characterizations, or other materials, as well as your username, profile, name, likeness or other identifiable materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the sites.
You acknowledge and agree that any feature of the site that permits users to submit a posting or any other text, image or commentary including but not limited to forums, message boards, review areas, chats, messaging services, profile pages, blog or other messaging functions (each a “forum”) is for public and not private communications and that you have no expectation of privacy with regard to any posting or other information or materials submitted by you in any forum. Surge has no duty to monitor or take any other action with respect to the forums. You make such postings at your own risk, and you shall be solely responsible for any liability for the postings, which you submit to the sites or are otherwise submitted under your username in any forum or otherwise. Surge shall not have any liability for any postings submitted by a third party user and it is explicitly acknowledged and agreed that surge is not responsible for and does not endorse the opinions, statements, advice or other content posted in the forums. Your use of the forums or any content/information therefrom is at your own risk, and surge makes no representation or warranty related to the accuracy or safety thereof. Surge specifically disclaims any and all liability in connection with the forums, and while surge does not have any obligation to do so, surge reserves the right to refuse to post, publish, remove, modify or take any action it determines with respect to any postings in the forums or otherwise on the sites.
While surge’s administrators of the site will attempt to keep all objectionable messages out of the forums, it is not possible for surge to review all postings. All postings express the views of the author and surge shall not be held responsible for any content in any posting. By submitting a posting, you agree that you are responsible for the content of the posting and compliance with the User Code of Conduct.
USER CODE OF CONDUCT
As a condition for use of the sites, you represent and warrant that your postings and any and all use of the site shall confirm with the following code of conduct (“User Code of Conduct”). You agree that: (a) you are solely responsible for any postings made by your or under your username; (b) the postings are original to you and/or that you have all necessary rights, licenses, consent and permissions to make such postings and grant the rights granted herein without the need for permission or payment to any third party; (c) the postings are accurate when they state facts and genuine when they state opinion; (d) the postings must not give the impression that they emanate from or are approved by surge; (e) the postings do not infringe on the copyright, trademark or any other intellectual property rights of any third party; (f) the postings shall not contain any libelous, defamatory, unlawful, illegal, pornographic, indecent, offensive, obscene, bigoted, hateful, or racial materials; (g) the postings shall not be made for the purpose of, or can be reasonably expected to have the possibility of violating the intellectual property, privacy or other rights of a third party (specifically, you are not permitted to submit another person’s name, image or likeness or any parties’ trademarks without their express written permission); (h) the postings shall not threaten the safety of any individual, or be reasonably expected to harass or damage any third party; (i) the use of the sites and the postings are not for any antisocial, disruptive or illegal purposes, including but not limited to “spamming”, “trolling”, “flooding” or “bullying”; (j) the use of the sites and postings shall not encourage or advocates illegal activity or the discussion of illegal activities; (k) the use of the sites and postings are not made or used by you for any commercial purposes and you shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail” “spam”, “chain letters” “pyramid schemes” or other form of solicitation or advertisement; (l) your use of the sites and any postings do not contain any computer virus or other malware that could in any way affect the operation of the sites or operate in a manner which violates the policies; (m) you are above the age of eighteen (18) and that any information submitted in the registration or other use of the sites shall not contain any false information and further that you shall not use pretend to be someone other than yourself, or otherwise mislead surge or third parties as to the origin of any postings.
You are solely responsible and liable for any postings and your use of the sites. You acknowledge and agree that surge, (i) takes no responsibility and assumes no liability for any postings by you or any third party; (ii) may review, delete or remove any posting or portion thereof which in surge’s sole judgment violates the User Code of Conduct, the policies, or otherwise might be offensive, illegal, in violation of any third party’s rights, threatens the safety of any other users of the sites or other third party; and (iii) identify any user and/or disclose to third parties any personal identifiable information in connection with any user in order to facilitate compliance with any laws or otherwise to enforce the policies and/or protect the safety, security or other rights of any third party on the sites. Surge reserves the right to remove any postings at any time for any reason or no reason whatsoever. Further, you acknowledge that surge may suspend or terminate your account or refuse to permit you to use the sites or any portion therefore in the event surge believes you have violated the User Code of Conduct or any of the policies.
Surge does not guarantee that other users are or will be complying with the User Code of Conduct or any other portion of the policies, and your use of the sites are at your own risk. You hereby assume all risk of harm or injury from a third party’s lack of compliance with the User Code of Conduct. Should you have a good faith belief that any party is engaged in any activity, which violates the User Code of Conduct, we encourage you to contact us at email@example.com and in the subject heading please type “User Code of Conduct”.
COLLECTION AND USE OF PERSONAL INFORMATION
Here are some examples of the types of personal information that we collect and how we may use it:
- When you purchase a product through the site, we may collect your name, email address, mailing address, phone number, and credit card token data, expiration date and billing name and address.
- The personal information that we collect allows us to keep you posted on our latest product announcements, promotions, special offers, and upcoming events. It also helps us improve our products, services, content, and advertising. If you do not want to be on our electronic mailing list, you can opt out any time. To do so, simply unsubscribe from emails via the unsubscribe link in each email you receive from us.
- From time to time, we may use your personal information to send important notices. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
- We also may use personal information for internal purposes such as audits, data analysis, and research to improve our products, services, and customer communications.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
Non-personal information is data in a form that does not permit direct association with any specific individual. As is true of most websites, we may store or track non-personal information, such as user internet protocol (IP) addresses, browser type and language, internet service provider (ISP), referring and exit pages, and date/time stamp, for any purpose, such as to better understand user behavior and facilitate the effectiveness of our content and advertising.
DISCLOSURE TO THIRD PARTIES
At times, we may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
PROTECTION OF PERSONAL INFORMATION
The transmission of information via the internet is not completely secure, and we cannot guarantee the security of your information transmitted to our site; any such transmission is at your own risk. However, we take precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. We will continue to take such precautions for as long as we retain your personal information.
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, or credit card information.
THIRD-PARTY SITES AND SERVICES
The site may contain links to third-party websites. Information collected by third parties, which may include such things as location data or demographic information, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties because we are not responsible for the protection and privacy of any information that you provide while visiting third-party websites.
COOKIES: DO NOT TRACK REQUESTS
OPT-OUT, REMOVE OR MODIFY INFORMATION
To modify your e-mail subscription, please unsubscribe from emails via the unsubscribe link in each email. Please note, we maintain information about individual sales transactions in order to service that transaction and for record keeping.
MINOR USE OF THE SITE
The site is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. Further, you must be 18 years or older to register to use the sites and make any purchase in connection thereto. By registering or purchasing any product or service, you represent and warrant that you are 18 or older and authorized to enter into the transaction contemplated therein you agree to abide by any such restrictions, and not to help anyone avoid such restrictions. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access.
Surge respects the intellectual property of others and have adopted and implemented a policy that provides for the reporting of any materials or postings, which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any materials or postings infringe your copyrights, please provide surge’s copyright agent listed below with the following information in writing:
- Identification and description of the infringing material or activity along with information sufficient to identify the location on the sites of such material or activity;
- Identification and description of the copyrighted work that you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the such use in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
- Surge’s copyright agent for notice of claims of copyright infringement for the sites is as follows:
- Copyright agent, firstname.lastname@example.org and in the subject section, please type “ATTN: Copyright Agent”. Surge may give you notice that it has removed or disabled access to certain material by means of a general notice on any sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the surge’s designated agent within the time period prescribed therein that includes the following:
- An identification of the postings or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you are the copyright owner, licensee or otherwise have a good faith belief that the postings or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the united states, for any judicial district, and that you will accept service of process at the address above from the person who provided notification of allegedly infringing material or an agent of such person.
- Your electronic or physical signature.
- It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.
LINKS TO OTHER WEB SITES AND SERVICES
All aspects of the site, including but not limited to the materials and postings are provided “as-is” and surge disclaims any and all warranties, whether expressed or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement that results from use of the sites. The materials are not intended to convey medical advice, or be a substitute for the services or advice of licensed professional. We strongly encourage you to seek the advice of a licensed professional regarding any mental or physical health or wellness questions prior to taking any dietary and nutritional products or engaging in any other activity discussed on the sites. Surge is not responsible for any incorrect or inaccurate content posted on the sites, whether posted by users of the sites, or by any of the equipment or programming associated with or utilized by the sites. Surge is not responsible for the conduct, whether online or offline, of any user of the sites. The sites may be temporarily unavailable from time to time for maintenance or other reasons. Occasionally there may be information on the sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the sites is inaccurate at any time without prior notice (including after you have submitted your order). Surge is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users.
LIMITATION OF LIABILITY
Limitations of liability. Surge assumes no responsibility, nor will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site, or your downloading of any information or materials from this web site. In no event will surge or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
TIME WITHIN WHICH CLAIMS MUST BE BROUGHT
TRANSPARENCY IN SUPPLY CHAIN DISCLOSURE
The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “transparency in supply chain act of 2010”.
All of the dietary and nutritional supplements marketed by surge and many of the ingredients used in those products, are manufactured in the U.S., in accordance with applicable U.S. labor laws. While some of the ingredients used in our dietary and nutritional supplements are sourced from foreign countries, surge’s finished products are manufactured in the U.S. in compliance with the current good manufacturing practices (“CGMPs”) for dietary supplements.
Surge’s products are marketed across the U.S. and throughout the world. Surge is committed to marketing only safe and effective dietary and nutritional supplements, and to conducting business in compliance with applicable law. Surge exhibits and promotes the highest standards of honest and ethical conduct in our dealings and we hold our manufacturers, suppliers, retailers and distributors to the same standard. Each of surge’s manufacturers and suppliers are carefully selected based on their reputation and evaluation by surge, prior to entering into a business relationship. In addition, surge conducts in-person inspections and audits of our manufacturers and suppliers to ensure they are operating in compliance with the CGMPs. The terms of our agreements with manufacturers require that they shall not use child labor in the manufacturing, packaging or distribution of products; they shall provide their employees with a safe and healthy workplace in compliance with all applicable laws; they shall only employ persons whose presence is voluntary; they shall not use prison labor or use corporal punishment or other forms of mental or physical coercion as a form of discipline of employees; they shall comply with all applicable federal, state and local laws and regulations including without limitation, applicable wage, hour, labor and environmental laws including but not limited to minimum wage, overtime and maximum hours; and they shall agree to utilize fair employment practices as defined by applicable laws. Further, foreign distributors of surge products are required to comply with all applicable laws and regulations and obtain all appropriate government approvals, certificates, licenses and permits pertaining to the import, sale, and advertising of surge products in the applicable authorized territory.
Surge is not aware of any slavery, human trafficking or other abhorrent and illegal labor practices in connection with any ingredient manufactured or supplied to us by foreign vendors. Surge is committed to the effort to eradicate slavery and human trafficking from the supply chain and improve transparency. In furtherance of that effort, if we identify an ingredient manufacturer or supplier who does not meet the aforementioned standards, we will demand corrective action and/or discontinue any business relationship with them.
DOMESTIC USE; EXPORT RESTRICTIONS
Surge controls the site from its offices located within the United States of America. Surge makes no representations that the site, materials or products and services available thereon are appropriate for use in other locations outside the United States. Users who access the sites from outside the United States of America do so upon their own accord and are solely responsible for compliance with local laws. No materials may be downloaded in violation of United States export control laws, which prohibit the exportation of certain technical data and software to certain territories.
ATTN.: Customer Support