Terms of Service

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Terms of Service

Last updated: Apr 11, 2024 7:52AM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://www.surgemetabolic.com website (the "Website") operated by Surge Metabolic: eWellness & Weight Loss, a Limited Liability Company formed in Columbus, Ohio, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Surge Metabolic: eWellness & Weight Loss a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties, and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

Content that harasses others;

Content that is discriminatory or offensive;

Swearing, name-calling, and otherwise abusive content;

Pornographic and sexually explicit content;

Content displaying, depicting, or suggesting violence;

Content that exploits or abuses children;

Content encouraging or committing illegal acts;

Content sharing personal information without consent;

Content infringing on someone’s rights, including intellectual property rights;

Content advertising products or services without our permission;

Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Surge Metabolic: eWellness & Weight Loss or its employees, representatives, subsidiaries, or divisions;

Misrepresenting your identity or affiliation with any person or entity;

Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;

Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;

Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;

Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;

Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;

Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;

Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;

Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

Otherwise attempting to interfere with the proper working of the Website;

Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL SURGE METABOLIC: EWELLNESS & WEIGHT LOSS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, EVEN IF SURGE METABOLIC: EWELLNESS & WEIGHT LOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2024 Surge Metabolic: eWellness & Weight Loss or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Surge Metabolic: eWellness & Weight Loss and are either registered trademarks, trademarks, or otherwise protected intellectual property of Surge Metabolic: eWellness & Weight Loss or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Misty D. May, APRN, FNP-C at surge@surgemetabolic.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

Your name, email, address, and telephone number; and

A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Surge Metabolic: eWellness & Weight Loss LLC

Misty D. May, APRN, FNP-C

surge@surgemetabolic.com

(771) 220-6974

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Franklin County, Ohio.

YOU AND SURGE METABOLIC: EWELLNESS & WEIGHT LOSS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Offers and rewards

Referral rewards are valid only when the referred member signs up for our monthly subscription service and their subscription payment has been successfully processed. Terms and conditions apply.

Please note that promotions and offers, including referral rewards, are subject to change or discontinuation at any time without prior notice. Other terms and conditions may apply. We reserve the right to modify, suspend, or terminate any promotion or offer at our discretion.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at surge@surgemetabolic.com.