Terms and Conditions

INTRODUCTION

This “Terms of Service” (referred to below as this “TOS”) has been written to describe the conditions under which we make the Surge Promotions, Inc. service and products (the “Site”) available to you through our websites and mobile applications. In this TOS, “we” and “us” means Surge Promotions, Inc., a Kentucky corporation, and “you” means the person using the Site. “Both of us” or “Either of us” means both or either of you or us. This TOS discusses important limitations about the way you may use and rely upon materials you find on the Site. Read this TOS carefully. By using the Site, you will be deemed to have accepted this TOS. If you do not accept this TOS or if your right to use the Site has been terminated (see below), you may not use the Site.

LIMITS ON USE

You are only authorized under this TOS to use the Site individually. By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this TOS and you commit to abide by this TOS.

ELIGIBILITY TO USE THE SITE

We sell products for adults and children, but we sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Accordingly, any individual under the age of 18 years ("Minor") must have a parent or guardian accept this TOS in order for such Minor to use the Site. A parent or guardian who accepts this TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this TOS, including any payment obligation. A parent or guardian who accepts this TOS on behalf of a Minor will continue to be primarily liable for the obligations mentioned in this TOS even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company’s express written consent to the contrary. You may submit or arrange for the submission of orders on behalf of a group of individuals (such as a team or league) (a “Group”). In such case, if you identify yourself as an organizer of that Group, then you promise that you are authorized on behalf of the Group to enter into this Agreement and you have authorization to obtain and provide to us information about the Group, solicit the Order Information (see below) from other members of the Group on behalf of the Group, and that the agreements in this TOS are made by you on behalf of the Group. Due to restriction on the storage and use of personal information, no person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by parent or guardian of such individual. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Site, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of this TOS.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it to us under our refund policy. However, we may elect to make product substitutions of like-kind items as noted on each webstore.

ORDER INFORMATION

As part of the ordering process, you may submit to us personal information, pictures, logos and other materials for use in customizing your order (your “Order Information”). In providing Order Information to us with the Site you grant us the nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Order Information for the purpose of providing you goods and services through the Site, and may use and disclose it for marketing purposes and in aggregate form, for benchmarking, improvements to products and services, or marketing. You represent and warrant to us that you own or otherwise control all of the rights to the Order Information that you make and have the right to submit it for this purpose; that our use of the Order Information will not violate any third party rights.

The rights you are granting us in this TOS and the representations and warranties regarding the Order Information include, without limitation, slogans, logos, photographs and other artwork, and our ability to modify and adapt such materials as necessary in order to make customized products for you, and includes providing or arranging for access to team rosters, which may include individual names, numbers, and size information.

PRICES AND ORDERS

The total price required for a purchase on the Site depends on a number of factors that may change between the time you start adding items to your cart and the time you submit your order. Items on the Site have a price associated with each item. In addition, your total purchase price may be affected by factors such as particular customization requests and your shipping address. You must review your complete order, including the final total purchase price and the final individual item prices, before you submit your order.

Your submission of an order is an offer by you to purchase the items selected at the prices indicated immediately prior to your submission of the request. This offer remains open until we email you to confirm that it has been accepted or that it has not been accepted (e.g., because an item has become unavailable). We cannot confirm the price of an item until after your order is placed.

Despite our best efforts, a small number of the items may be mispriced. We reserve the right to cancel any orders, with no further obligations to you, even after your receipt of the order confirmation mentioned above or a shipping notice. We may, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.

PROMOTIONS

Surge Promotions, Inc. will occasionally offer promotional discounts, special offers and give-away. The company reserves the right to end promotions at anytime. This section may list the specific terms of certain promotions and these promotions may change or end at the company's sole discretion.

TAXES

Items sold on the Site may be subject to sales tax. Prior to submitting your order, you will see an estimate of the tax to be collected. The amount of tax actually charged on your order will depend on various factors, including the items purchased, customization and the shipment destination.

Payment

We accept standard credit cards for payment for orders. Because of the custom nature of your order, we charge your credit card at the point the order has been accepted.

Title and Risk of Loss

Risk of loss and title of items purchased on the Site passes to you upon delivery of the items to the common carrier.

Returns and Refunds

All sales are final. If we happened to have made a mistake on your order (wrong size, misprint, etc.) we will be happy to fix the issue. Unfortunately no returns are available for printed garments.

IP Rights

We (or the third parties providing materials through the Site) retain all copyright and other proprietary rights in the Site or the materials available through the Site. You may not modify the materials in the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials in the Site are copyrighted and any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws.

REVIEWS AND COMMENTS

You may use comment or other features, if provided via the Site, to provide reviews of product, suggestions or other communications (your “Reviews and Comments”), but in providing Reviews and Comments to us with the Site you grant us the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Reviews and Comments throughout the world in any media. You promise us that you own or otherwise control all of the rights to the Reviews and Comments that you make and have the right to submit it for this purpose; that the content is accurate; that use of the Reviews and Comments you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

COMPLIANCE WITH STANDARDS OF CONDUCT

You agree not to use the Site in violation of our standards of conduct posted at www.surgepromotions.com/conduct as amended from time to time, in particular you may not: use the Site in a manner that would cause you or us to violate any applicable local, state, national or international law, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Site, and any export or re-export laws, rules and regulations; interfere with or disrupt the Site or take any steps to interfere with or in any manner compromise any security measures with respect to the Site or any data or file transmitted, processed or stored on or through the Site.

Privacy Policy

We may collect personally identifiable information from you. Please refer to our privacy policy at www.surgepromotions.com/privacy for information on how we treat the information we gather about you.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will we, our suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by us, due to or arising out of your Reviews and Comments, your use or misuse of the Site, your violation of this TOS, or your violation of any rights of another.

Logos

CHANGES TO THE SITE; TERMINATION

Certain provisions of this TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Site. We may, at any time, modify the Site, or stop (permanently or temporarily) providing the Site (or any features within the Site) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of this TOS; or if the provision of the Site to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of this TOS shall continue in effect except you are no longer authorized to use the Site; termination shall not relieve you for liability for breach occurring prior to termination.

AMENDMENT AND UPDATING OF THIS TOS; ELECTRONIC SIGNATURES

We may desire to make changes to this TOS from time to time to update it, for example to add references to different products and services. We may specify amended or updated terms that apply to the use of Site after the effective date of such amendment or update, and we will make a new copy of this TOS available to you and may require you to accept it as a condition to the continued provision of the Site to you. In addition, the continued use of the Site after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of this TOS shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Artwork

You agree that all artwork (including logos) you submit to us accurately depicts the design features you desire and that Surge Promotions, Inc. has the right to edit or alter your artwork to fit our printing standards and requirements. Many logos submitted do not meet Surge Promotions, Inc.'s standards. If your artwork does not fit our printing standards and requirements, logo edits will be made proactively, logos appearing on garments in the store will be updated and the store will launch. Surge Promotions, Inc. will communicate with Store Administrators when a logo edit has been made and the store administrator will be deemed to have consented to the proposed changes and to have authorized Surge Promotions, Inc. to proceed with fulfilling the order(s) using the modified artwork. Notwithstanding the foregoing, Surge Promotions, Inc. may refuse to proceed with any order(s) using modified artwork and shall not be liable in any manner as a result in any delivery delays. Surge Promotions, Inc. reserves the right to deny the use of any artwork that it believes, in its sole discretion, may violate the rights of third parties and to use any artwork uploaded to our site for marketing purposes.

GENERAL

We administer the Site from our offices in Kentucky, USA. We make no representation that the Site is appropriate or available for use outside the United States, and access to the Site from territories where its use is illegal is prohibited. You may not use or export or re-export the Site or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. 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 local laws. This TOS will be governed by and construed in accordance with Kentucky law, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Richmond, Kentucky, USA, to resolve any legal matter arising from this TOS. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change the location of Site administration without advance notice.