Privacy Policy & Terms of Service
Surchin.io
Last Updated: April 9th 2023
Your privacy is vitally important to you and us at Surchin.io and hence have a few fundamental principles:
· Surchin dosen’t ask you for personal information unless it's truly needed.
· Surchin store personal information for only as long as Surchin have a reason to keep it.
· Surchin aims for full transparency on how your data is used, along with the choices that you have with respect to that information.
· Surchin does not sell our users’ private personal information.
Below is our Privacy Policy, which incorporates and clarifies these principles.
Privacy Policy
Who Surchin Is and What This Policy Covers
Surchin believes every search should be respected with privacy.
This Privacy Policy applies to information that Surchin collects about you when you use:
Our web sites and services; Surchin.io
Throughout this Privacy Policy Surchin will refer to our website and other products and services collectively as “Services.”
Information Surchin Collects
Surchin only collects information about you if it has a reason to do so, for example, to provide our Services, to communicate with you, or to make our Services better.
Surchin collects information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources.
Information You Provide to Us; information that Surchin collects
It’s probably no surprise that Surchin collects information that you provide to us. The amount and type of information depends on the context and how Surchin uses the information. Here are some examples:
Searching: Surchin uses your search term to scour the web for relevant search results.
Basic Account Information: Surchin asks for basic information from you in order to set up your account. For example, Surchin requires individuals who sign up for a Surchin.io account to provide an email address. You may provide us with more information, like your name, but Surchin doesn’t require that information to create a Surchin.io account.
Transaction and Billing Information: If you purchase a subscription plan you will need to provide your credit card information to process the payment. All credit card information is transmitted securely with our processor. Your credit card information is not stored on our servers.
Credentials: Depending on the Services you use, you may provide us with credentials for your services (like API tokens). For example, users implementing metrics may provide us with a private token in order to connect to their external monitoring service provider.
Communications With Surchin: You may also provide us information when you communicate with our team about a support question.
Information Surchin Collects Automatically
Surchin also collects some information automatically:
Log Information: Like most online service providers, Surchin collects information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. Surchin collects log information when you use our Services, for example, when you create or make changes to your account on Surchin.io.
Usage Information: Surchin collects information about your usage of our Services, to make our better Services. For example, Surchin collects information about the actions that administrators and users perform on an event within Surchin.io, in other words, who did what, when, and to what thing on the event (e.g., [user] created “[name of event]” at [time/date]). Surchin also collects information about what happens when you use our Services (e.g., page views) along with information about your device (e.g., screen size and mobile device manufacturer).
Location Information: Surchin may determine the approximate location of your device from your IP address. Surchin collects and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. Surchin.io uses cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads.
Information Surchin Collects from Other Sources
Surchin may aquire information about you from other sources that Surchin my integrate with at a later time.
How And Why Surchin Uses Information
Purposes for Using Information
Surchin uses the information about you as mentioned above and for the purposes listed below:
· To provide our Services, to set up and maintain your account, alert you to failing integrations, or charge you for any of our paid Services;
· To further develop and improve our Services, for example, by adding new features that the Surchin team thinks our users will enjoy or will help them to create and manage their status pages more efficiently;
· To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
· To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, for example, the Surchin team may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
· To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Surchin.io and others, which may result in us declining a transaction or the use of our Services;
· To communicate with you, for example through an email, about offers and promotions offered by Surchin.io , solicit your feedback, or keep you up to date on Surchin.io; and
· To personalize your experience using our Services and target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time).
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws. Our use of your information is based on the grounds that:
The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account, for example, in order to enable access to our website on your device or charge you for a paid plan; or
The use is necessary for compliance with a legal obligation; or
The use is necessary in order to protect your vital interests or those of another person; or
The Surchin team has a legitimate interest in using your information, for example, to provide and update our Services, to improve our Services so that Surchin can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
You have given us your consent
Sharing Information
How Shares Information
Surchin will not sell our users’ private personal information. Surchin shares information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
Subsidiaries, Employees, and Independent Contractors: Surchin may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. Surchin require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that Surchin shares with them.
Third Party Vendors: Surchin may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers). Surchin requires vendors to agree to privacy commitments in order to share information with them.
Legal Requests: Surchin may disclose information about you in response to a subpoena, court order, or other governmental request.
To Protect Rights, Property, and Others: Surchin may disclose information about you when Surchin believes, in good faith, that disclosure is reasonably necessary to protect the property or rights of Surchin.io, third parties, or the public at large.
Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Surchin.io goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With Your Consent: Surchin may share and disclose information with your consent or at your direction. For example, Surchin may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your account.
Aggregated or De-Identified Information: Surchin may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, Surchin may publish aggregate statistics about the use of our Services and Surchin may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), Surchin reserves the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Information Shared Publicly
Information that you choose to make public is disclosed publicly. That means that information like your public status page, status updates, or other content that you make public on your status page are all available publicly. For example, the incident that you created and the incident status updates that you posted will be viewable by anyone publicly. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
How Long Surchin Keeps Information
Surchin generally discard information about you when Surchin no longer needs the information for the purposes for which Surchin collects and use it, which are described in the section above on 'How and Why Surchin Uses Information', and Surchin is not legally required to continue to keep it. For example, Surchin keeps the web server logs that record information about a visitor to a status page, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. Surchin retains the logs for this period of time in order to, among other things, analyze traffic to Surchin.io and investigate issues if something goes wrong. Another example, if you close your account Surchin will remove all references to your account from our database and shared services at the time of closure but Surchin may keep references to your data in backups for up to 30 days.
Security
While no online service is 100% secure, Surchin works very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. Review our Security Policy for more details on how Surchin protects your data.
To enhance the security of your account, Surchin encourages you to enable our advanced security settings, like hardware-based 2-factor authentication.
Transferring Information
Because Surchin.io’s Services may be available worldwide, the information about you that Surchin processes when you use the Services in the EU will be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us or third party data processors. When providing information about you to entities outside the EEA, Surchin will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law.
Your Rights
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (EU) 2016/679 (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that Surchin limits it's use and processing of your personal data; and
Request portability of your personal data.
You can usually access, correct, or delete your personal data using your account settings and tools that Surchin offers, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How you Can Reach Us to find out how to reach us.
EU individuals also have the right to make a complaint to a government supervisory authority.
Your California Privacy Rights
The California Consumer Privacy Act (CCPA) provides protections for residents of California with regard to personal information in certain circumstances. Under CCPA, personal information generally includes information that can identify, relate to, describe, be associated with, or be reasonably capable of being associated with a particular consumer, household, or device. Your rights with regard to personal information include:
Right of Access to personal information that Surchin collects. This right includes access to the:
categories of specific personal information Surchin collects,
categories of sources from which that information is collected
business purpose for collection, and
categories of third parties with which the information is shared, and
response data (if applicable) in a portable format.
Right to the Deletion of personal information that Surchin or our service providers collect.
Right to Non-Discrimination when exercising your rights under the CCPA.
Exercising Your CCPA Rights
If you wish to exercise any rights granted to you by the CCPA please submit a verifiable request by sending an email to legal@Surchin.io or write us at: Surchin.io Attn: Legal Department, 11100 W 8th Ave. #300 Lakewood, CO 80215. Surchin will provide a response within 45-days of receiving a verifiable request. Surchin may extend this time by up to 90 days but Surchin will let you know of this during the initial 45 days. A verifiable request is one made by you or someone on your behalf. Surchin does not require that you have an account with us in order to make requests, however, if you do not have an account with us Surchin may ask additional information for the purpose of verifying the request. After verification, Surchin will respond with the information requested for the preceding 12-month period (you can make two such requests during a 12-month period). Our response will either be sent through your account with us or by mail or electronically, at your option. Once Surchin can verify that the request is coming from you or someone authorized to act on your behalf, you will receive the information requested for the preceding 12-month period.
How to Reach Us
If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us at legal@Surchin.io or mailing address:
Surchin.io
11100 W 8th Ave. #300
Lakewood, CO 80215
Privacy Policy Changes
Although most changes are likely to be minor, Surchin.io may change its Privacy Policy from time to time. Surchin.io encourages visitors to frequently check this page for any changes to its Privacy Policy. If Surchin make changes, Surchin will notify you by revising the change log below, and, in some cases, Surchin may provide additional notice (such as adding a statement to our homepage or the Surchin.io Blog, or sending you a notification through email or your dashboard). Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.
Terms of Service
Effective Date: April 9th 2023
Surchin.io is owned and operated by Surchin d/b/a Surchin.io (hereinafter “Surchin,” “we” or “us”), which provides this website and the services, functionality data, information, tools, updates and similar materials delivered or provided by us (the “Services”) subject to your agreement to and compliance with the conditions set forth in this Terms of Service Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Services, and the use by the entity on whose behalf you sign up. If you do not agree to these terms and conditions, you may not use the Services.
LICENSE
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Surchin hereby grants you during the Term a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access and use the Services and the materials thereon that are intended to be displayed publicly. No rights not explicitly listed are granted.
INCORPORATED TERMS
The following additional terms are incorporated into this Agreement as if fully set forth herein:
Privacy Policy
Copyright Policy
Complaint Policy (including Privacy and Trademark)
DISCLAIMERS
While Surchin makes reasonable efforts to ensure that the Services remain live and available, Surchin does not represent or warrant that access to the Services will be error-free or uninterrupted, and Surchin does not guarantee that users will be able to access or use the Services, or their features, at all times. Surchin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice.
The Services may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. Surchin reserves the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Although Surchin has the right to review, edit, remove or modify information from or on the Services, Surchin may not screen this material or control the sources of this information, and Surchin does not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
ELIGIBILITY
You must be over the age of 18 to register an account or use the Services on behalf of the business you are registering for the Services.
When you create an account on behalf of an entity, you represent and warrant that you are authorized by said entity to create the account and to bind the entity to this Agreement and to purchases and orders that may be made through that account.
You are not eligible to use the Services if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
SUBSCRIPTION AND FEES
As more fully described on the Services, certain elements of the Services may require fees for access.
Surchin may use a third-party payment processor (the “Payment Processor”) to charge you through an online account for use of the Software. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Surchin is not responsible for error by the Payment Processor.
You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).
Subject to the fee structure and calculations stated on the Services, fees are due based on the subscription tier (the “Tier”) you select on the Service.
If you wish to cancel, upgrade or downgrade your subscription, you may do so at any time through your account. Any charges incurred prior to cancellation or downgrade are non-refundable. If you upgrade your subscription, you will be charged the difference in your current subscription and the upgraded subscription at that time, and you will be charged the price for the upgraded subscription on an ongoing basis until cancellation. If you downgrade your subscription, you will be charged the reduced price at the beginning of the next term.
Surchin will automatically charge your Payment Method at the end of each subscription period (monthly, yearly, etc…). If you purchase a subscription, it may result in recurring charges to your Payment Method, and you agree that Surchin may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. SURCHIN MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SURCHIN REASONABLY COULD ACT. For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts. If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within 30 days of invoice date setting forth the nature and amount of the requested correction; otherwise invoices are final.
In addition to other applicable remedies, Surchin reserves the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails and Customer’s account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
ACCESS TO CREDENTIALS
You understand and agree that in order to use certain functions of the Services, you may be asked by us to provide certain credentials or other login information for third-party services (“Credentials”).
You are under no obligation to provide Credentials to us; however, if you do, you represent and warrant that you are authorized to provide these Credentials to us for use in connection with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement.
You agree that Surchin may store and use the Credentials in accordance with our Privacy Policy.
RULES OF CONDUCT
Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Services.
You agree not to distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
is unlawful or encourages another to engage in anything unlawful;
contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party;
is false, inaccurate, fraudulent or misleading; or,
is libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services. Further, you may not interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the Services by means of hacking or defacing. Transmitting to or making available in connection with the Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
You are not licensed to access any portion of the Services that are not public, and you may not attempt to override any security measures in place on the Services.
CONTENT SUBMITTED OR MADE AVAILABLE TO US
You are under no obligation to submit anything to us, and unless otherwise noted, Surchin will not claim ownership of any Content. However, in order for us to provide the Services, Surchin needs your permission to process, display, reproduce and otherwise use content you make available to us.
Therefore, if you choose to submit any Content to the Services, or otherwise make available any Content through the Services, you hereby grant to us a limited license to use and display Content insofar as this is necessary for the provision of the Services during and in accordance with the terms of the Agreement.
By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) except as provided in the Privacy Policy, the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) except as provided in the Privacy Policy, Surchin is not under any confidentiality obligation relating to the Content or Submissions; (d) except as provided in the Privacy Policy, Surchin shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
You acknowledge that Surchin is under no obligation to maintain the Services, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Services. Surchin reserves the right to withhold, remove and or discard any such material at any time.
CONTENT SHARED THROUGH THE SERVICES
You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself and/or your business that you may include and that may be generated by the Services. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that Surchin shall not be held responsible, and Surchin shall be released and held harmless by you from any liability or damages arising out of such conduct.
OUR INTELLECTUAL PROPERTY
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
The software used by us to provide the Services to you is either owned or licensed by us. You are only granted the limited license to such software identified herein, and you shall not be deemed to own or have any title to said software, all of which is expressly retained by us and/or our licensors. At the expiration or termination of this Agreement, you are required to delete and destroy any copies of the software that may be in you possession.
PASSWORDS AND ACCOUNTS
You are responsible for controlling the access to and use of your account. Always make sure that your password is kept as confidential. You understand and agree that Surchin may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. Surchin is not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and is not required to take action to disable any account.
You agree that you will not bring an action against us arising out of or related to any claimed unauthorized access using your account credentials. Under confirmed unauthorized use circumstances, Surchin may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact legal@Surchin.io with the term “Account Breach Notice” in the subject line.
ENFORCEMENT AND TERMINATION
The “Term” of this Agreement will be until terminated as provided herein. Surchin reserves the right to deny all or some portion of the Services to any user, in ours sole discretion, at any time.
If Surchin terminates your access without cause, and you are a paying subscriber, Surchin will issue you a pro-rata refund for any pre-paid but unused period of time. You will not be entitled to a refund or reimbursement of any kind if Surchin terminates your account for cause.
Without limiting the foregoing or assuming additional legal obligations, Surchin has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
You may terminate this Agreement at any time by cancelling any subscription you may have and closing your account. You are not entitled to a refund of any kind if you terminate this Agreement.
DISCLAIMERS AND LIMITATION ON LIABILITY
BY USING THE SERVICES YOU AGREE AND ACKNOWLEDGE THAT SURCHIN PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SURCHIN AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICES IS AT YOUR SOLE RISK. SURCHIN DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL SURCHIN OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF SURCHIN AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Surchin nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts paid by you to us in the twelve (12) months immediately preceding any claim, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
SOME STATES, INCLUDING COLORADO, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
INDEMNIFICATION
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Services (b) your use of the Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 11100 W 8th Ave. #300 Lakewood, CO 80215.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that Surchin may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Services are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that Surchin discovers that a child under the age of 13 has provided personally identifiable information to us, Surchin makes efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, Surchin hereby notifies you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
GENERAL
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Services. In the event that Surchin updates this Agreement and you are made aware of the update, your continued use of the Services after the update shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.
Assignment. Surchin may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Surchin would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Surchin shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Surchin may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
COPYRIGHT POLICY
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Copyright Agent
Surchin.io
11100 W 8th Ave. #300
Lakewood, CO 80215
E-mail: legal@Surchin.io
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Services infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to legal@Surchin.io, containing the following information:
Your name, physical address, e-mail address and phone number;
A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
Identification of the location of the material on the Site;
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
Your physical or electronic signature.
If Surchin receives a message that complies with all of these requirements, Surchin will evaluate the submission, and if appropriate, in our sole discretion, Surchin will take action. Surchin may disclose your submission to the poster of the claimed violative material, or any other party.