Terms and Conditions
These Terms and Conditions of Use (“Terms”) govern the access or use by you, an individual from within the United States (“you”), of websites, content, products and services (hereinafter referred to as the “Site”) made available in the United States by Surge Suppression, LLC, and its subsidiaries, partners, affiliates or assigns, hereinafter referred to as “SSI.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. If you do not agree to these Terms, you may not use this Site. This Site is not intended for use by anyone under the age of 18. If you are under the age of 18, please discontinue use of this Site immediately.
In this Agreement, the words “including” and “include” mean “including, but not limited to.” Your access and use of the Site constitutes your agreement to be bound by these Terms, and establishes a contractual relationship between you and SSI. These Terms expressly supersede any prior agreements with you. SSI may alter or terminate these Terms, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Miscellaneous, and Indemnifications shall survive any termination. Any amendment by SSI to the Terms related to the Site will be effective upon SSI’s posting of such updated Terms. Your continued use of the Site after such posting constitutes your consent to be bound by the Terms, as amended. You are responsible to review the Terms and any amendments prior to each use of the Site.
Our Rights to Use Your Content
If you provide SSI with your contact information, whether verbally, or by way of email, by filling out information on SSI’s website, by text message, or by any other method; your actions shall constitute your consent for SSI to contact you via telephone, email or any other method that SSI deems appropriate.
Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, videos and information that you publicly display or send SSI shall hereby irrevocably grant SSI a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use the content you submit in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same.
SSI does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that SSI is not responsible for any content posted to the Site without the prior, express consent of SSI. SSI prohibits any user from posting any material that is (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to SSI, and SSI disclaims all liability for any content posted by others. SSI, at its sole discretion, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted or otherwise protected works under United States Patent, copyright, or licensed property laws. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with SSI, or purchasing SSI's products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with SSI, or to purchase SSI's products. Any other use, including to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by SSI. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of SSI used in the Site are trademarks or registered trademarks of SSI.
This Site and the materials on this Site are provided "as is" and without warranties of any kind, whether express or implied. Products manufactured by SSI and sold under the First Defense name may carry a limited warranty. The Terms of any limited warranty may differ by product.
To the fullest extent permissible pursuant to applicable law, SSI disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose and non-infringement. SSI does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. To the greatest extent permitted by law, SSI does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
To the greatest extent permitted by law, SSI shall not be liable for any damages including but not limited to special, punitive or consequential damages that result from the use of, or the inability to use, the materials on this Site, or the performance, installation, use of, or inability to use the products, even if SSI has been advised of the possibility of such damages. These limitations of liability are in addition to and not in lieu of any limitations of liability found in the product warranty.
In the event that a SSI product is mistakenly listed at an incorrect price, SSI reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SSI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made. If payment has already been made for the purchase and your order is cancelled, SSI shall issue a credit to your credit card account or refund your payment in the amount you were charged.
No notices posted by third parties on this Site shall be deemed notice to SSI. SSI may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to SSI.
Your use of this Site constitutes your irrevocable consent that your use shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including the purchase of SSI products) shall be in the State Courts located in Hernando County, Florida or Federal Courts located in Tampa, Florida. Any cause of action or claim you may have with respect to the Site (including the purchase of SSI products) must be commenced within one (1) year after the claim or cause of action arises. SSI's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. SSI may assign its rights and duties under this Agreement to any party at any time without notice to you.
Wherever the singular and masculine are used, they shall be construed as if the plural or the feminine or the neuter had been used, where the context or the party or parties so requires, and the rest of the sentence shall be construed as if the grammatical and the terminological changes thereby rendered necessary had been made. Headings are provided as an organizational convenience and are not meant to be construed as material provisions.
These Terms supersede any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. Whenever possible each provision and term set forth in this Site will be interpreted in a manner to be effective and valid but if any provision or term is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms contained on this Site.
SSI reserves the right to cancel your order for any reason and at any time prior to shipment. If SSI cancels you order, your sole and exclusive remedy is that SSI issue a like-kind credit to your respective credit card, PayPal, or other account in the amount charged for the cancelled order.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an SSI employee or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless SSI, its members, managers, shareholders, directors, officers, employees, attorneys, insurors, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
In the event suit is commenced concerning use of this Site, costs of said suit including reasonable attorneys’ fees in all proceedings, trials, investigations, appearances, appeals, arbitrations, and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non-prevailing parties.
In an attempt to provide increased value to our visitors, SSI may link to sites operated by third parties. However, even if the third party is affiliated with SSI, SSI has no control over these linked sites, all of which have separate terms and conditions, privacy and data collection practices, independent of SSI. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SSI seeks to protect the integrity of its web Site and the links placed upon it and therefore requests any feedback concerning not only its own Site, but sites it links to as well (including if a specific linkdoes not work).