PLEASE READ THESE TERMS & CONDITIONS. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Surge Logics, Inc (“SURG” or “Us”) owns and operates this website (the “Site”).
2. Terms of Agreement
2.1 If we determine that Your submission merits a follow-up, You consent to being contacted at the number You provided by Surge Logics, Inc or an attorney, or law firm which may include being contacted by an autodialer, text message or pre-recorded call. You acknowledge that standard message and data rates apply and that submitting information constitutes your electronic signature for your consent to being contacted and my agreement to the Terms and Conditions. Surge Logics, Inc will not provide your contact information to any unaffiliated third parties.
2.2 You agree that submitting information does not establish an attorney client relationship. You consent to the information submitted being reviewed by more than one attorney or law firm. You understand and agree that any information received in follow-up communications is general information for which there will be no charge. You further acknowledge that the law for each state may vary, and therefore, You will not rely upon this information as legal advice. Because Your case may require advice regarding Your state of residence, local counsel may be contacted for referral of this matter.
2.3 We may conclude that the information You submit does not meet out criteria for follow-up. We reserve the right, in our sole and absolute discretion, to determine whether Your submissions merits follow-up.
3.1 You represent and warrant that the information provided by You up is up-to-date, materially accurate, and is sufficient for Us to identify You and contact You.
3.2 Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditor’s rights.
4. Arbitration and Waiver of Class Claims
4.1 YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, ANY AFFILIATED, SUBSIDIARY, OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A NEVADA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
4.2 The following procedures shall apply:
4.2.1 Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
4.2.2 In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by and arbitration firm, and shall be conducted using the then current arbitration firm’s commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in Las Vegas, Nevada, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
4.2.3 Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Agreement.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURG EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, HIDDEN DEFECTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE OR ASSURANCE THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE.
5.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURG IS NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, REGARDLESS OF HOW CAUSED, THEORY OF LIABILITY, OR WHETHER WE (OR OUR LICENSORS OR SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY AND OUR LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO $100.
5.3 THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. HOWEVER, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED, AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
6. Governing Law
6.1 Our Agreement and Your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of Nevada applicable to parties resident in and contracts made, executed and wholly performed within the State of Nevada. You submit to the jurisdiction of the State and Federal courts situated in Clark County, Nevada, USA in all disputes arising out of or related to the use of the Site and You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. The Uniform Computer Information Transactions Act does not apply to our Agreement.
6.2 YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER THE AGREEMENT OR YOUR USE OF OUR SITE.
7.1 The Agreement is the entire agreement You have with us regarding the subject matter hereof and supersedes any and all prior or inconsistent understandings. Our Agreement cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a “writing” for purposes of amending or modifying our Agreement or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Agreement. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You shall not assign, transfer, charge, or make over or purport to assign transfer charge to make over Your rights under this Agreement. Any purported assignment shall be null and void. Headings are purely for reference and shall not affect meaning.
Any provision that must survive any termination of Your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim, or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). If we believe, have reason to believe, or are notified of anything that could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’s rights, harasses, or interferes with any other user, interferes with or bypasses security or other protective measures, violates any law or regulation or this Agreement, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with You, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. Nothing herein or on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by us or by any third party. We make no representation that any of the materials or the services to which You have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If You choose to access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable laws, rules, and regulations.