THIS WEB PAGE REPRESENTS OUR TERMS OF USE AND SALE (“AGREEMENT”) REGARDING OUR WEBSITE, SURCHDIGITAL.COM.COM (“WEBSITE”) AND COMPANY, SURCH, LLC. 
 
IN WHAT WAS MOST RECENTLY UPDATED ON NOVEMBER 4, 2017. THE TERMS, “WE” AND “OUR” AS USED IN THIS AGREEMENT REFER TO SURCH, LLC.
 
WE MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON OUR WEBSITE. WE MAY OR MAY NOT POST NOTICES ON THE HOMEPAGE OF OUR WEBSITE WHEN SUCH CHANGES OCCUR.
 
WE REFER TO THIS AGREEMENT, OUR PRIVACY POLICY ACCESSIBLE AT SURCHDIGITAL.COM/PRIVACY, AND ANY OTHER TERMS, RULES, OR GUIDELINES ON OUR WEBSITE COLLECTIVELY AS OUR “LEGAL TERMS.” YOU EXPLICITLY AND IMPLICITLY AGREE TO BE BOUND BY OUR LEGAL TERMS EACH TIME YOU ACCESS OUR WEBSITE. IF YOU DO NOT WISH TO BE SO BOUND, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.
 
PERFORMANCE AND SUCCESS GURANTEES
 
WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
 
SURCH, LLC  MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. SURCH, LLC  DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CLAIMS MADE IN ADVERTISING AND MARKETING BY SURCH, LLC AND DO NOT MEAN THAT ALL OTHERS WILL HAVE EQUAL OR ANY SUCCESS.
 
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY SURCH, LLC AND  ARE SOLD “AS-IS” OR “WITH ALL FAULTS UNLESS OTHERWISE STATED IN THE ADVERTISMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
 
D) LIMITATION OF LIABILITY
 
IN ALL CIRCUMSTANCES SURCH, LLC  MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. INVEST HOUSING SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
 
LIMITED LICENSE
 
SURCH, LLC  GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND USE OUR WEBSITE IN ORDER FOR YOU TO READ OUR CONTENT AND MAKE PURCHASES OF  PRODUCTS AND RELATED SERVICES THROUGH OUR WEBSITE, STRICTLY IN ACCORDANCE WITH OUR LEGAL TERMS.  PROVIDING OTHERS ACCESS TO OUR PRODUCTS, SERVICES, AND CONTENT IS PROHIBITED TO THE FULLEST EXTENT OF THE LAW.
 
COPYRIGHTS AND TRADEMARKS
 
UNLESS OTHERWISE NOTED, ALL MATERIALS INCLUDING WITHOUT LIMITATION, LOGOS, BRAND NAMES, IMAGES, DESIGNS, PHOTOGRAPHS, VIDEO CLIPS AND WRITTEN AND OTHER MATERIALS THAT APPEAR AS PART OF OUR WEBSITE ARE COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE DRESS AND/OR OTHER INTELLECTUAL PROPERTY WHETHER REGISTERED OR UNREGISTERED (“INTELLECTUAL PROPERTY”) OWNED, CONTROLLED OR LICENSED BY SURCH LLC, AND PLANTAR WART SECRET. OUR WEBSITE AS A WHOLE IS PROTECTED BY COPYRIGHT AND TRADE DRESS. NOTHING ON OUR WEBSITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY INTELLECTUAL PROPERTY DISPLAYED OR USED ON OUR WEBSITE, WITHOUT THE PRIOR WRITTEN PERMISSION OF THE INTELLECTUAL PROPERTY OWNER. INVEST HOUSING AGGRESSIVELY ENFORCES ITS INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW. THE NAMES AND LOGOS OF SURCH, LLC MAY NOT BE USED IN ANY WAY, INCLUDING IN ADVERTISING OR PUBLICITY PERTAINING TO DISTRIBUTION OF MATERIALS ON OUR WEBSITE, WITHOUT PRIOR, WRITTEN PERMISSION FROM SURCH, LLC. SURCH, LLC  PROHIBITS USE OF ANY LOGO OF SURCH, LLC OR ANY OF ITS AFFILIATES AS PART OF A LINK TO OR FROM ANY WEBSITE UNLESS SURCH, LLCAPPROVES SUCH LINK IN ADVANCE AND IN WRITING.  FAIR USE OF SURCH, LLC SECRET’S OR INTELLECTUAL PROPERTY REQUIRES PROPER ACKNOWLEDGMENT. OTHER PRODUCT AND COMPANY NAMES MENTIONED IN OUR WEBSITE MAY BE THE INTELLECTUAL PROPERTY OF THEIR RESPECTIVE OWNERS.
 
LINKS TO THIRD-PARTY WEBSITES
 
OUR WEBSITE MAY CONTAIN LINKS TO WEBSITES OWNED OR OPERATED BY PARTIES OTHER THAN SURCH, LLC. SUCH LINKS ARE PROVIDED FOR YOUR REFERENCE ONLY. SURCH, LLC  DOES NOT MONITOR OR CONTROL OUTSIDE WEBSITES AND IS NOT RESPONSIBLE FOR THEIR CONTENT. SURCH, LLC INCLUSION OF LINKS TO AN OUTSIDE WEBSITE DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON OUR WEBSITE OR, UNLESS EXPRESSLY DISCLOSED OTHERWISE, ANY SPONSORSHIP, AFFILIATION OR ASSOCIATION WITH ITS OWNER, OPERATOR OR SPONSOR, NOR DOES SURCH, LLC INCLUSION OF THE LINKS IMPLY THAT SURCH, LLC IS AUTHORIZED TO USE ANY TRADE NAME, TRADEMARK, LOGO, LEGAL OR OFFICIAL SEAL, OR COPYRIGHTED SYMBOL THAT MAY BE REFLECTED IN THE LINKED WEBSITE.
 
CONTENT DISCLAIMER
 
POSTINGS ON OUR WEBSITE ARE MADE AT SUCH TIMES AS SURCH, LLC DETERMINES IN ITS DISCRETION. YOU SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON OUR WEBSITE HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. SURCH, LLCDOES NOT REVIEW PAST POSTINGS TO DETERMINE WHETHER THEY REMAIN ACCURATE AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
 
REFUNDS
 
WE DO NOT ISSUE REFUNDS, UNLESS DEEMED NECESARY ON A CASE BY CASE BASIS.
 
NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
 
OUR WEBSITE IS OPERATED BY SURCH, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SURCH, LLC  SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. SURCH, LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SURCH, LLC OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL SURCH, LLC  HAVE LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO SURCH, LLC  FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
WITHOUT LIMITING THE FOREGOING, SURCH, LLC  DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
 
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. SURCH, LLC AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.
 
SURCH, LLC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
 
INDEMNIFICATION
 
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SURCH, LLC HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE OR ANY CONTRACTS OR SERVICES YOU PURCHASE THROUGH IT.