Terms of Service

Overview

upsurgeroi.com operates this website, and when we mention “we,” “us,” or “our,” we mean upsurgeroi.com. By using our site or purchasing anything from us, you’re engaging in our “Service” and agreeing to abide by these Terms of Service, including any additional terms and policies mentioned or linked here.

Before accessing or using our website, please carefully read these Terms of Service. By accessing or using any part of the site, you’re agreeing to these terms. If you don’t agree with all the terms and conditions, then you shouldn’t access the website or use any services. Your use of the site constitutes acceptance of these terms.

Any new features or tools added to the site will also be subject to these Terms of Service. You can always check the latest version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these terms by posting updates or changes on our website. It’s your responsibility to check this page periodically for changes. If you continue to use or access the website after any changes, you’re accepting those changes.

Part 1 – Online Store Terms

By accepting these Terms of Service, you confirm that you are of legal age in your state or province, or that you have obtained parental consent for any minors to use this site.

You agree not to use our products for illegal or unauthorized purposes and not to violate any laws in your jurisdiction, including copyright laws, while using the Service.

Any breach or violation of these Terms will result in the immediate termination of your Services.

Part 2 – General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to adapt to technical requirements.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written permission.

The headings in this agreement are for convenience only and do not affect these Terms in any way.

Part 3 – Accuracy, Completeness, and Timeliness of Information

We are not accountable if the information provided on this site is inaccurate, incomplete, or not current. The material on this site is for general information only and should not be solely relied upon for making decisions without consulting more reliable and up-to-date sources. Your reliance on the material on this site is at your own risk.

This site may contain historical information, which may not be current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information.

Part 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We are not liable to you or any third-party for any modifications, price changes, suspension, or discontinuation of the Service.

Part 5 – Products or Services

Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to our Return Policy.

We have made every effort to accurately display the colors and images of our products, but we cannot guarantee that your computer monitor’s display will be accurate.

We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. Product descriptions and prices are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Part 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Part 7 – Optional Tools

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Part 8 – Third-Party Links

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Part 9 – User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Part 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Part 11 – Errors, Inaccuracies, and Omissions

Sometimes there may be inaccuracies or omissions in the information on our site or in the Service, such as typographical errors, inaccuracies in product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, even after you have placed your order.
We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specific update or refresh date in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

Part 12 – Prohibited Uses

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.