CONSUMER RIGHTS AND RESTRICTIONS. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. THIS WARRANTY DOES NOT EXCLUDE, LIMIT OR SUSPEND ANY RIGHTS OF CONSUMERS ARISING OUT OF NONCONFORMITY WITH A SALES CONTRACT. HOWEVER, AS DESCRIBED BELOW, SURC DISCLAIMS STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, AND IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALL SUCH WARRANTIES SHALL TO THE EXTENT PERMITTED BY LAW BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY DESCRIBED BELOW AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SURC IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT PURCHASE TOOK PLACE. SURC, THE WARRANTOR UNDER THIS LIMITED WARRANTY, IS IDENTIFIED AT THE END OF THIS DOCUMENT ACCORDING TO THE COUNTRY OR REGION IN WHICH THE PRODUCT PURCHASE TOOK PLACE.
WARRANTY. SURC's warranty obligations for this hardware product are limited to the terms set forth herein. SURC warrants this SURC-branded hardware product against defects in materials and workmanship under normal use for a period of THREE (3) MONTHS from the date of retail purchase by the original end-user purchaser ("Warranty Period"). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, SURC will either (1) repair the hardware defect at no charge, using new parts or refurbished parts that are equivalent to new in performance and reliability, (2) exchange the product with a product that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. SURC may request that you replace defective parts with user-installable new or refurbished parts that SURC provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by SURC, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes SURC's property. Parts provided by SURC in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to SURC and becomes SURC's property.
EXCLUSIONS AND LIMITATIONS. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SURC SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SURC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SURC IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU.
No SURC reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Limited Warranty applies only to the hardware product manufactured by or for SURC that can be identified by the "SURC" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any non-SURC hardware product or any software, even if packaged or sold with the SURC hardware. Manufacturers, suppliers, or publishers, other than SURC, may provide their own warranties to the end user purchaser, but SURC, in so far as permitted by law, provides their products "as is". Software distributed by SURC with or without the SURC brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. SURC does not warrant that the operation of the product will be uninterrupted or error-free. SURC is not responsible for damage arising from failure to follow instructions relating to the product's use.
This warranty does not apply: (a) to consumable parts, such as batteries, or protective coatings designed to diminish over time unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports; (c) to damage caused by use with non-SURC products; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by SURC; (f ) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of SURC or an SURC Authorized Service Provider ("SASP"); (g) to a product or part that has been modified to alter functionality or capability without the written permission of SURC; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the product or (i) if any SURC serial number has been removed or defaced.
Important: Do not open the hardware product. Opening the hardware product may cause damage that is not covered by this warranty. Only SURC or a SASP should perform service on this hardware product.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF
RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE SURC PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SURC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
OBTAINING WARRANTY SERVICE. Please access and review the online help resources described below before seeking warranty service. If the product is still not functioning properly after making use of these resources, please contact the SURC representatives or, if applicable, a SASP using the information provided below. When contacting SURC via telephone, other charges may apply depending on your location. When calling, a SURC representative or SASP will help determine whether your product requires service and, if it does, will inform you how SURC will provide it. You must assist in diagnosing issues with your product and follow SURC's warranty processes.
SURC may restrict service to the country where SURC or its Authorized Distributors originally sold the hardware product. SURC will provide warranty service either (i) at an SURC Retail or SASP location, where service is performed at the location, or the SURC Retail or SASP may send the product to an SURC repair service location for service, (ii) by sending you prepaid way bills (and if you no longer have the original packaging, SURC may send you packaging material) to enable you to ship the product to SURC's repair service location for service, or (iii) by sending you user-installable new or refurbished replacement product or parts to enable you to service or exchange your own product ("DIY Service"). Upon receipt of the replacement product or part, the original product or part becomes the property of SURC and you agree to follow instructions, including, if required, arranging the return of original product or part to SURC in a timely manner. When providing DIY Service requiring the return of the original product or part, SURC may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, SURC will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed or the replaced product or part is not eligible for warranty service, SURC will charge the credit card for the authorized amount. Service options, parts availability and response times may vary according to the country in which service is requested. Service options are subject to change at any time. You may be responsible for shipping and handling charges if the product cannot be serviced in the country in which service is requested. If you seek service in a country that is not the country of original purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, SURC may repair or exchange defective products and parts with comparable products and parts that comply with local standards. In accordance with applicable law, SURC may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Online information with more details on obtaining warranty service is provided below.
DATA BACKUP. If your product is capable of storing software programs, data and other information, you should protect its contents against possible operational failures. Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents, remove all personal information and data that you want to protect and disable any security passwords. THE CONTENTS OF YOUR PRODUCT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Your product or a replacement product will be returned to you as your product was configured when originally purchased, subject to applicable updates. SURC may install system software updates as part of warranty service that will prevent the hardware from reverting to an earlier version of the system software. Third party applications installed on the hardware may not be compatible or work with the hardware as a result of the system software update. You will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
Mashed Pixel uses only carriers with quality service and the best delivery rates. All our carriers provide online order tracking so that you can view order status and access package tracking information once it ships. We offer delivery to virtually all countries.
For your security, carriers may require a signature at time of delivery. Please select a delivery address where you can sign for your package when it arrives. If you cannot be at the delivery location during the business day, you may sign a door tag authorizing release of the package without anyone present to receive it.
Once your order has been placed via getsurc.com it will be processed within 24 hours excluding holidays.
Some carriers do not deliver on certain holidays such as Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Your package will be delivered on the next regular shipping day following the holiday. For more details, please visit the appropriate carrier website.
On occasion, we may be temporarily out of stock on an item that is in high demand. In these circumstances, we will provide you with the option of cancelling your order or waiting for new stock to arrive (backorder). If you choose backorder, we will update you regarding the status of your order once more information is available.
If we make an error with your order, please notify us right away (within 7 days of receiving your shipment) via email to firstname.lastname@example.org and we will make arrangements to send a replacement.
If your order was damaged in the shipping process, contact us at email@example.com and we will gladly send you a replacement. Any product returned must follow our Return Goods Policy.
You may return new and unopened items within 7 days of delivery for a full refund. Opened items must be returned in new or unused condition and contain all original materials included with the shipment. We will inspect all returned items and at our discretionaward a partial refund if opened or used. If the return is a result of our error, we will refund the full cost of the merchandise and shipping charges.
For items returned after 7 days, Mashed Pixel may grant a partial refund, even if the item is unopened.
You may return without penalty defective items (as indicated in the limited warranty), and items that you receive in damaged condition or in error. We will refund your shipping charges in these cases. When we receive your return, we will inspect the item and provide a replacement or issue a refund if purchased from www.GetSurc.com. If the product is not found to be defective, damaged, or sent in error, we may charge you shipping fees or grant only a partial refund if purchased from www.GetSurc.com.
If we send you a replacement item, we must receive the original item at our facility within 30 days from the date you initiated the return, or your account may be charged in full for the replacement item.
You should expect to receive your refund within four weeks after shipping your return to us. This period includes conservative estimates of the time required for us to receive the product, inspect it, and process your refund with your bank or credit card company. We will notify you via email with the details of your refund. You will receiveyour refund via the form of payment that you used to purchase the product.
Please note, we do not make replacements or repairs for abuse of device. Replacement units will be shipped ONLY after we received the unit from you and after we make our determination.
If for any reason you need to return a Mashed Pixel product, please send an email message to firstname.lastname@example.org We will respond to you within a 24-hour period by phone or email to initiate the returns process. We appreciate your cooperation in helping us understand how we can improve your experience with us.
LAST UPDATED December 26, 2010
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THIS SITE. BY USING THIS SITE, OR BY ACCEPTING DELIVERY OF THE PRODUCTS OR SERVICES DESCRIBED IN MP's DOCUMENTATION OR ON THE SITE, YOU AGREE THAT THE TERMS APPLY TO AND GOVERN YOUR USE OF THIS SITE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. AGREEMENT TO TERMS. By accessing, visiting and/or using the Site, or by making a purchase, placing an order or otherwise utilizing the Site, or by submitting any Transmissions through the Site, you, the User: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site, place an order on the Site, or submit any Transmissions though the Site. MP may change these Terms at any time by posting the change to the Site. Please check these Terms periodically for changes. Your access or use of the Site after these Terms have been changed will mean that you agree to be bound by those changes, except that the Terms posted on this Site at the time you initially place an order for the purchase of goods or services will govern the order in question. The date these Terms were last modified is set forth at the beginning of these Terms.
2. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. MP will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on the Site, or are the agent of the copyright owner, and believe the Site violates your intellectual property rights, please provide the MP copyright agent with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow MP to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Site of the work that you believe infringes the copyright owner's work and that you are asking MP to remove from the Site; (c) enough information to contact you, such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that MP's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), MP will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works.
Send Copyright Notices to MP's copyright agent at:
c/o Mashed Pixel, Inc.
Address: 1006 M Street NW T01, Washington, DC 20001
Attention: Daphna Kalman
Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to MP's copyright agent.
3. SECURITY RULES. You agree not to violate or attempt to violate the security of the Site, including without limitation: (a) accessing to access data that is not intended for your use; (b) using to use any other person's username or password, or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. RESTRICTION ON USE OF MATERIALS. The materials that are included in or displayed on the Site, including, without limitation, images, illustrations, designs, icons, photographs, audio and video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by MP. Without MP's prior written permission, you may not (a) use the Materials on any other website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, transmit or distribute any of the Materials in any way.
5. TRADEMARKS AND SERVICE MARKS. All marks and logos that appear throughout the Site belong to MP or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Site, without the express written permission of MP, or, where relevant, third party owners thereof, is strictly prohibited.
7. NATURE OF INFORMATION PROVIDED BY MP. The information contained on the Site has been collected and/or prepared by MP as a service to its visitors and Users. While MP has used reasonable efforts to verify that the information on the Site is useful to its visitors, MP does not warrant or guaranty its accuracy or timeliness.
8. PURCHASE OF GOODS OR SERVICES.
8.1. GENERAL. These Terms constitute the entire agreement between you and MP relating to the offer or sale of products and/or services on this Site. You consent to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. You may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. You agree that these Terms and the terms contained in MP's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto.
8.2. SHIPMENTS; RISK OF LOSS. When you place an order for a physical product, the order will be shipped to an address designated by you. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments. You will be solely responsible for all shipping and related charges.
8.3. PRICING; AVAILABILITY. All pricing is subject to change. MP reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, MP cannot guarantee that it will be able to fulfill your orders.
8.4. ORDERS; PAYMENT TERMS; TAXES. Orders are not binding upon MP until accepted by MP. Terms of payment are within MP's sole discretion. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, you will be responsible for all of MP's costs of collection, including court costs, filing fees and attorney's fees.
9. GENERAL DISCLAIMERS OF WARRANTIES. All information and other Material, whether included in the directory(ies), or in any page of the Site, as well as all products and services offered on this Site, if any, are provided "AS IS" and without warranties of any kind, either express or implied. In purchasing products or services, you are not relying on any statements, specifications, or other illustrations representing the products or services that may be provided by MP. To the maximum extent permitted by applicable law,
MP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPLICABLE LAWS OF YOUR STATE THAT MAY APPLY WITH RESPECT THERETO. MP DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ANY MATERIALS, OR ANY SERVER(S) USED BY MP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY OR TRUTHFULNESS OF THE SITE, ANY MATERIALS CONTAINED THEREIN OR ANY WEBSITES LINKED TO OR FROM THE SITE.
10. LIMITATION OF LIABILITY; RELEASE AND INDEMNITY.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATIN NEGLIGENCE, WILL MP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE SITE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIS SITE; INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIS SITE, EVEN IF MP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPLICABLE LAWS OF YOUR STATE THAT MAY APPLY WITH RESPECT THERETO. IF YOUR USE OF THE SITE, THE MATERIALS, OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MP ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIS SITE. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MP FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM YOUR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIS SITE, OR FAILURE TO ABIDE BY THESE TERMS OR APPLICABLE LAW. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, IN NO EVENT SHALL MP OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM, COSTS OF SHIPMENT AND SALES AND OTHER TAXES EXCLUDED.
Further, MP will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
11. TAXES. Unless you provide MP with a valid and correct tax exemption certificate applicable to any goods or services provided by MP or through the Site (if any), you, the user, will be responsible for, and will indemnify and hold MP harmless from, all sales and other taxes associated with those goods and/or services, however designated, except for MP's franchise tax and taxes on MP's net income.
12. GOVERNING LAW AND JURISDICTION. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Site will be governed by the internal laws of the State of Delaware without regard to its choice of law rules. You agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Site, including these Terms, will be the state and federal courts located in Delaware. You further agree that you will not file any action or proceeding in any other jurisdiction and that you waive any argument that Delaware is an inconvenient forum.
13. HEADINGS. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
14. SEPARATE AGREEMENTS. If any provision of these Terms is held to be unlawful, void or unenforceable for any reason by a Court of Law having competent jurisdiction, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
15. ENTIRE AGREEMENT. This is the entire agreement between you and MP relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of MP.
16. OTHER TERMS AND CONDITIONS. These Terms apply to all uses of the Site unless you and MP have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
As stated above, as a matter of policy, we do not sell, rent, trade or lease any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be used or disclosed.
Financial Information. Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of our Services and products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Website, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for, or making reservations for products or services of third parties offered on the Website, or by participating in programs offered on the Website that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.
Legal Requests. The Company cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
The Company does not monitor or review the content of other parties' websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by the Company and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage Users to be aware when they leave the Company Website and to read the privacy statements of these sites. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
If you have any questions regarding this policy, would like to comment on the policy or have feedback for the Company, please contact us by utilizing the Contact Us page at http://getsurc.com/contact.aspx.