TERMS AND CONDITIONS OF USE

We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun.  Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Virtuemart Shipping.com Web site means that you accept those changes.

THANKS AGAIN FOR VISITING!

Restrictions on Use of Our Online Materials

All Online Materials on the Virtuemart Shipping.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Virtuemart Shipping.com. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Virtuemart Shipping.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Virtuemart Shipping.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to Virtuemart Shipping.com through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Virtuemart Shipping.com mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

Virtuemart Shipping.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Links to Other Site

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Virtuemart Shipping.com-operated site or have moved to another site. Virtuemart Shipping.com is not responsible for the content or practices of third party sites that may be linked to our site. When Virtuemart Shipping.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Virtuemart Shipping.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Virtuemart Shipping.com site or endorsement, sponsorship or support of Virtuemart Shipping.com, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Virtuemart Shipping.com Web site, along with all related documentation and all copies and installations. Virtuemart Shipping.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Virtuemart Shipping.com is entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Indiana, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. 

To the extent you have in any manner violated or threatened to violate Virtuemart Shipping.com and/or its affiliates' intellectual property rights, Virtuemart Shipping.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Anderson. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Anderson, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Virtuemart Shipping.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

PRIVACY POLICY

Last Updated: July 26, 2010

VirtuemartShipping.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. Period."

How we gather information from users

How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, VirtuemartShipping.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.

What we do with the information we collect

Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.

Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.

We may use Personally Identifiable Information collected on VirtuemartShipping.com to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by VirtuemartShipping.com and other topics we think you might find of interest.

Personally Identifiable Information collected by VirtuemartShipping.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements

VirtuemartShipping.com expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a VirtuemartShipping.com page, certain content that is actually created or hosted by a third party. Also, through VirtuemartShipping.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. VirtuemartShipping.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. VirtuemartShipping.com does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of VirtuemartShipping.com and this policy.

Children

VirtuemartShipping.com does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe VirtuemartShipping.com has any information from or about anyone under 13, please contact us at the address listed below.

Contacting Us.

We can be reached by contacting:

VirtuemartShipping.com

To Email Click HERE

Changes to this Policy

VirtuemartShipping.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing law

This policy and the use of this Site are governed by Indiana law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Anderson. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Anderson, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

VirtuemartShipping.com is controlled, operated and administered entirely within Indiana. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

END USER SOFTWARE LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.

License Grant

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Surge United, Inc..

We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.

If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.

Title

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:

Copy the Documentation, except for your personal use. 

Copy the Software except to make archival or backup copies as provided above,

Modify or adapt the Software or merge it into another program, except for your personal use.

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, except for your personal use.

Place the Software onto a server so that it is accessible via a public network such as the Internet, or

Sublicense, rent, lease or lend any portion of the Software or Documentation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

Limited Warranty

We warrant that for a period of 90 days after delivery of this copy of the Software to you:

The media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the Indiana, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Surge United, Inc. and/or its affiliates' intellectual property rights, Surge United, Inc. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Anderson. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Anderson, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

Disclosure of Material Connections
Between Advertisers and Endorsers

Dan Norris Did receive a promotional copy (and/or other material compensation), in order to facilitate his Honest opinion for this endorsement and Is Not a marketing affiliate for Virtuemart Shipping Component

Yaani-Mai Gaddy Did Not receive a promotional copy (and/or other material compensation), in order to facilitate her Honest opinion for this endorsement and Is Not a marketing affiliate for Virtuemart Shipping Component

COMPENSATION AND AFFILIATION AFFIDAVIT

As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish the possible compensatory affiliation with Surge United, Inc. and Any Testimonialists or Endorsers found on the ages of our site.

Any or all endorsements from testimonialists used in our promotional materials MAY be affiliated with Surge United, Inc. as Marketing Affiliates and therefore might have an established connection with Surge United, Inc. in the form of Commissions paid on sales resulting from Referrals from those Testimonialists that might lead some readers to believe that the testimonial reviews on the pages of Virtuemart Shipping Component might be biased. However, the reviews and comments on the pages of this site are to the best of our knowledge the true statements and beliefs of the endorsement givers and any claims made on the pages of this site can be substantiated on request to by clicking HERE

Some of the testimonialists whose Endorsements were used in promotion of Virtuemart Shipping Component have received complimentary promotional copies of Virtuemart Shipping Component for the purposes of reviewing Virtuemart Shipping Component to help generate Endorsement type Testimonials

EARNINGS DISCLAIMER AND FORWARD LOOKING STATEMENT

Every effort has been made to accurately represent Virtuemart Shipping Component and it's potential.   However, there is no guarantee that you will earn any money using Virtuemart Shipping Component, the techniques or ideas in these materials.  Examples in these materials are not to be interpreted as a promise or guarantee of earnings in any way.  Earning potential is entirely dependent on the person using these products, ideas and techniques and we do not purport this as a “get rich scheme.” 

Any claims made of actual earnings or examples of actual results can be verified upon request.  Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, previous knowledge and various skills.  Since these factors differ according to individuals, we cannot guarantee your success or income level.  Nor are we responsible for any of your actions. 

Materials in our product and on our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995.  Forward-Looking Statements give our expectations or forecasts of future events.  You can identify these statements by the fact that they do not relate strictly to historical or current facts.  Such Forward Looking Statements use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other such words and terms of similar meaning in connection with a description of potential earnings or financial performance.  Your Results May Vary from ours and those of anyone else who is, or will be using these products, techniques, and/or services .

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential not actual earnings expected.  Many factors will be important in determining your actual results and no guarantees are made, expressed or implied that you will achieve results similar to ours or anybody else's. In fact no guarantees are made that you will achieve any results from our ideas and techniques in our material at all.

All materials on this site are © copyrighted by Surge United, Inc.. No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this site, under any circumstances without express permission from Surge United, Inc.

CONTACT INFORMATION:

Surge United, Inc.

Email by clicking HERE

 
This Copyrighted Document Was Produced Using AutoWebLaw Pro and may not be duplicated in any way without a valid AutoWebLaw Pro Personal Use license which may be obtained at http://www.AutoWebLaw.com

Any unlicensed use of this document will result in Immediate Prosecution!