1. Acceptance of these terms
The surgexi.com website (the “Site”) is operated by TeamSmith Enterprises, LLC, doing business as SurgeXi Business Intelligence (“SurgeXi,” “we,” “us,” or “our”), an Alabama limited liability company. By accessing or using the Site you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Site.
2. Scope
These Terms apply only to this marketing Site. They do not govern any product, service, paid engagement, software-as-a-service offering, hardware appliance, or hosted application provided by SurgeXi or any of its product brands (including, for example, SurgeXi Pulse, AI Accounting Pros, and SurgeXi Atlas). Those products and services are governed by their own separate agreements provided at the point of sign-up or under a written order or master services agreement.
3. Permitted use
You may access and view the Site for lawful informational and business-evaluation purposes. You agree not to:
- use the Site in violation of any applicable law or regulation;
- attempt to gain unauthorized access to the Site, related systems, or any other user’s data;
- interfere with, disrupt, or impose an unreasonable load on the Site or its infrastructure (including scraping at a rate that degrades availability, attempting denial-of-service activity, or circumventing rate limits or security controls);
- introduce malware, vulnerabilities, or harmful code; or
- misrepresent your identity or your affiliation with any person or organization.
4. Intellectual property
The Site, including its text, graphics, logos, layout, code, and other content, is owned by SurgeXi or its licensors and is protected by copyright, trademark, and other intellectual property laws. “SurgeXi,” the SurgeXi logo, and SurgeXi product names are trademarks or service marks of SurgeXi or its affiliates. No license to use any SurgeXi marks is granted by these Terms.
You may view and locally cache Site content for ordinary browsing purposes. You may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the Site without our prior written permission.
5. Informational content; no contract or advice
Information on the Site is provided for general informational purposes only. It does not constitute a contract, offer to sell, warranty, professional advice, or service-level commitment. Any binding commitment from SurgeXi requires a separate written agreement signed by an authorized representative.
6. Third-party links
The Site may link to third-party sites or resources. We do not control and are not responsible for the content, policies, or practices of any third-party site, and a link does not imply our endorsement.
7. Disclaimer of warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SURGEXI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SURGEXI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the smallest extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless SurgeXi and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Site or your violation of these Terms.
10. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination (including Sections 4, 5, 7, 8, 9, 11, and 12) will survive.
11. Governing law and dispute resolution
These Terms are governed by the laws of the State of Alabama, United States, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Site is the state and federal courts located in Jefferson County, Alabama, and you consent to the personal jurisdiction of those courts. To the extent permitted by law, you and SurgeXi each waive any right to a jury trial in connection with any such dispute.
12. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Site after an update constitutes your acceptance of the updated Terms.
13. Miscellaneous
These Terms, together with any policies expressly referenced here (including our Privacy Policy), constitute the entire agreement between you and SurgeXi regarding the Site. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
14. Contact
TeamSmith Enterprises, LLC dba SurgeXi Business Intelligence
Email: Dev@surgexi.com