Welcome to www.surgedigitalgroup.com (the "Website"). These Terms of Use ("Terms") govern your access to and use of the Website, services, and content provided by Surge Digital Group ("Company", "we", "us", or "our"), a performance-based digital marketing agency headquartered at 5 Union Square West #1524, New York, New York 10003.
By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, do not access or use the Website.
By accessing, browsing, or otherwise using this Website or engaging our performance-based marketing services (including Foundational Marketing, Growth Marketing, and Business Intelligence & Performance Tracking), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Website on behalf of a business, corporate entity, or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
We reserve the right, at our sole discretion, to modify, alter, or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website, with the "Last Updated" date revised accordingly. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
All content, features, and functionality on the Website—including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, page layouts, underlying code, and the selection and arrangement thereof—are the exclusive property of Surge Digital Group, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly for informational and B2B evaluation purposes in connection with our digital marketing services. You must not:
Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted by standard web-browser caching.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Surge Digital Group, a Surge Digital Group employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Surge Digital Group or users of the Website or expose them to liability.
To use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose without our express written permission.
The Website may contain links to third-party websites, platforms, or services (including partners in advertising, retail media networks, streaming platforms, and social media channels) that are not owned or controlled by Surge Digital Group. Surge Digital Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Surge Digital Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF EITHER KIND, EITHER EXPRESS OR IMPLIED. NEITHER SURGE DIGITAL GROUP NOR ANY PERSON ASSOCIATED WITH SURGE DIGITAL GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER SURGE DIGITAL GROUP NOR ANYONE ASSOCIATED WITH SURGE DIGITAL GROUP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SURGE DIGITAL GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Surge Digital Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may terminate or suspend your access to all or part of the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions, concerns, or comments about these Terms, please contact us at:
Email: Contact@SurgeDigitalGroup.com
Phone: 201-627-7040
Address: 5 Union Square West #1524, New York, New York 10003