Terms of Service

Introduction

Welcome to Energy-Surge. These Terms of Service ("Terms") govern your access to and use of the Energy-Surge website, products, and services ("Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Definitions

Throughout these Terms, "Energy-Surge," "we," "us," and "our" refer to Energy-Surge, a company registered in Canada.

"You" and "your" refer to the individual or entity accessing or using the Services.

"Content" refers to any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.

Account Registration

Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.

Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, provincial, local, or international law or regulation
• Impersonate or attempt to impersonate Energy-Surge, an Energy-Surge employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Energy-Surge, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide social media features with certain content, you may take such actions as are enabled by such features

User Content

The Services may allow you to post, submit, publish, display, or transmit content ("User Content"). By providing any User Content on the Services, you grant us and our affiliates and service providers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting the Services.

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above
• All of your User Content does and will comply with these Terms

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENERGY-SURGE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ENERGY-SURGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL ENERGY-SURGE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Energy-Surge, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

Governing Law

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Ontario, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Contact Information

Questions or comments about the Services or these Terms may be directed to Energy-Surge at: