Surprise Surprise - Better Your Home
Welcome to Surprise Surprise!
91 Third Avenue At 12th Street, New York, NY 10003 Tel: 212 777.0990
Welcome to Surprise Surprise!
91 Third Avenue At 12th Street, New York, NY 10003 Tel: 212 777.0990
SurpriseSurprise.com requires that all visitors to the Site adhere to the following terms and conditions (the "Terms of Service"). By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms of Service set forth below without limitation or qualification.
SurpriseSurprise.com may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Discretion Over Content and Use
We may edit, move, or delete any content on SurpriseSurprise.com without notice or liability for any reason at our sole discretion.
Links to Third-Party Sites
The appearance of external hyperlinks does not constitute endorsement by SurpriseSurprise.com, of the opinions or views expressed by these linked websites and SurpriseSurprise.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, SurpriseSurprise.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, SurpriseSurprise.com, will not be responsible for any errors or omissions or for the results obtained from the use of the information contained in these sites. To the extent that these sites collect personal information or Postings from the end user, be advised that in no event shall SurpriseSurprise.com assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the Information on these sites. Finally, SurpriseSurprise.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Surprise! Surprise! or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Surprise! Surprise! and protected by U.S. and international copyright laws. All software used on this site is the property of Surprise! Surprise! or its software suppliers and protected by United States and international copyright laws.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") indicated on this website are registered and unregistered trademarks of Surprise! Surprise!. or its subsidiaries, in the United States and in other countries and jurisdictions. The graphics, logos, and icons are trademarks and/or trade dress of Surprise! Surprise! or its subsidiaries. Surprise! Surprise! 's trademarks and trade dress may not be used without express written permission in connection with any product or service that is not Surprise! Surprise!'s product or service. Other trademarks that appear on this site that are not owned by Surprise! Surprise! or its subsidiaries are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by Surprise! Surprise! or its subsidiaries.
Violations of Terms of Service
SurpriseSurprise.com reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SurpriseSurprise.com FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
Liabilities and Warranties
SurpriseSurprise.com DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SurpriseSurprise.com CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS AT ANY TIME. WE DO NOT HONOR INACCURATE OR ERRONEOUS PRICES. OUR PRICES ARE ALSO SUBJECT TO CHANGE WITHOUT NOTICE.
MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; SurpriseSurprise.com WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES.
SurpriseSurprise.com MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. SurpriseSurprise.com has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, SurpriseSurprise.com cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER SurpriseSurprise.com NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF SurpriseSurprise.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SurpriseSurprise.com OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO SurpriseSurprise.com FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
IN NO EVENT SHALL SurpriseSurprise.com BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).
Without limiting the foregoing, under no circumstances shall SurpriseSurprise.com or its affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Laws and Regulations
User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. {Name of State} law and Federal law will govern the interpretation and enforcement of these Terms of Service.
{Option on Arbitration}
Any dispute relating in any way to your visit to SurpriseSurprise.com or to products you purchase through SurpriseSurprise.com shall be submitted to confidential arbitration in {Name and Location of Arbitrator}; except that, to the extent you have in any manner violated or threatened to violate SurpriseSurprise.com intellectual property rights, SurpriseSurprise.com may seek injunctive or other appropriate relief in any state or federal court in the state of {State's Name}, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Marketing
By using SurpriseSurprise.com, you agree that we may market our services and the services of other companies on the Site through the use of banner ads, hyperlinks, and other similar marketing devices. Products offered will be at the sole discretion of SurpriseSurprise.com and may be provided by companies not affiliated with SurpriseSurprise.com. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. SurpriseSurprise.com does not legally endorse or guarantee products or services provided by non-affiliated companies.
IN NO EVENT WILL SurpriseSurprise.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Feedback
Any comments or materials sent to SurpriseSurprise.com, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of SurpriseSurprise.com. SurpriseSurprise.com's use of the Feedback will be in compliance with the SurpriseSurprise.com Privacy Notice, which is set forth on the Site, and applicable laws. SurpriseSurprise.com shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, SurpriseSurprise.com shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to SurpriseSurprise.com shall be treated confidentially to the extent required by applicable law or as disclosed in the application.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of {State of Location}, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Surprise! Surprise!.
Contact Information
If you have questions, comments, concerns or feedback regarding this statement or SurpriseSurprise.com, please contact us via any of the methods set forth below:
To all of you, from all of us at SurpriseSurprise.com - Thank you and Happy Shopping!
Surprise! Surprise!