SUR.LY TERMS OF SERVICE
Thank you for using Sur.ly. By accessing the Sur.ly website (“Site”) or using the services offered by Sur.ly (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not access the Site or use the Services. Sur.ly reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
1. USAGE LICENSE
Sur.ly grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Sur.ly reserves the right to terminate your license to use the Site and Services at any time and for any reason or start charging for commercial usage in future.
2. USER RESPONSIBILITY
You are solely responsible for your use of the Site and Services. Because Sur.ly merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Sur.ly, and Sur.ly makes no claim of accuracy of any user-posted material. Sur.ly archives links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link to the Site or Services does not imply any endorsement by or any affiliation with Sur.ly. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
3. INTELLECTUAL PROPERTY (TRADEMARKS & COPYRIGHTS)
Sur.ly, the Sur.ly logo and the Sur.ly design are trademarks or trade dress of Sur.ly, and may not be used without express written permission from Sur.ly, other than for attribution. All other trademarks not owned by Sur.ly that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sur.ly. Sur.ly-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of Sur.ly and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Sur.ly-originated content is permitted without written permission from Sur.ly.
4. NO WARRANTY AND LIMITATION OF LIABILITY
Sur.ly PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Sur.ly SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL Sur.ly BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT Sur.ly HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH Sur.ly SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Sur.ly and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Sur.ly and you. These Terms supersede any previous agreement and represent the entire agreement between Sur.ly and you. These Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Sur.ly in English at firstname.lastname@example.org.