SURGEU TERMS AND CONDITIONS

Welcome to your SurgeU education portal. Please be aware that in using SurgeU and accessing the content available in it you are responsible for your actions and your choices.

The Terms set out below (and the documents referred to in them (these “Terms”) form the legal agreement between you as the user (“You” “Student” “User(s)”) and Oxlo’s Inc., a Delaware Corporation doing business as (or in some jurisdictions “trading as”) SurgeU (“We” or “Us”), as the provider of SurgeU, for use of SurgeU as described below:

“SurgeU” means the content products and services that can be accessed at https://student.surgeu.com (the main portal of SurgeU and your customized account pages), to include any other websites which we may own, operate and/or provide access to in the future. Further details of SurgeU and the services provided by or though Us are set out below.

“Products and Services” means the products and services available through SurgeU which include (but are not limited to) online educational products, such as live and recorded online educational sessions, and on demand video content, in addition to external and proprietary tools and resources.

“SurgeU Services” means collectively SurgeU and the Products and Services and all future products and services accessed through SurgeU.

“Related Persons” means SurgeU’s officers, directors, managers, employees, and agents, as well as SurgeU’s subsidiaries, affiliates, and franchisees, and their respective officers, directors, managers, employees, and agents.

“Students” means SurgeU’s valued customers who have entered agreements whereby they are eligible to consume SurgeU Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE SURGEU AND SURGEU SERVICES, AS THESE TERMS WILL APPLY TO BOTH YOUR USE OF SURGEU AND THE SURGEU SERVICES.

BY USING SURGEU AND/OR THE SURGEU SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS (INCLUDING THE DOCUMENTS REFERRED TO IN THEM) AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY LEAVE THIS PAGE WITHOUT ACCESSING OR USING SURGEU OR THE SURGEU SERVICES.

WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

WE MAY REVISE THESE TERMS FROM TIME TO TIME BY AMENDING THESE PAGES WITHOUT PRIOR NOTICE TO YOU. PLEASE CHECK THESE PAGES FROM TIME TO TIME TO SEE IF ANY CHANGES HAVE BEEN MADE, AS THEY WILL BE BINDING ON YOU IF YOU CONTINUE TO USE AND ACCESS SURGEU AND THE SURGEU SERVICES.

Your continued use of SurgeU and SurgeU Services following the posting of any changes to these terms constitutes your acceptance of those changes and you are responsible for reviewing those terms.

Some functionality, products or services that become available in SurgeU and SurgeU Services may be subject to new terms and conditions, and if those new terms and conditions conflict with these Terms, the new terms and conditions will prevail.

These terms are in addition to the terms of your Enrollment Agreement if you have entered into one.

SURGEU AND SURGEU SERVICES

SurgeU may provide access to the following: websites https://student.surgeu.com (the main portal of SurgeU and Your customized account pages) and other websites giving access to other products and services which We may provide in the future.

Your level of access to SurgeU, the SurgeU Services and the specific products and services available to You will depend upon which products and services You have purchased.

USE OF SURGEU AND SURGEU SERVICES

Every time You access, view, use and/or participate in SurgeU and/or the SurgeU Services, You agree to all of the following terms.

Your Account

You are responsible for keeping Your login details and Your password confidential and You agree not to share them with any other person. You agree to accept responsibility for all activities that occur using Your login/account or password.

This is a Community of Individuals

The SurgeU Services are intended for use by adult individuals. When You access any part of the SurgeU Services, You agree that You are an individual person, who is at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions as amended from time to time. If You are below the age of eighteen (18) years old, the Minor Release Form will need to be completed and signed by the minor’s parent or legal guardian.
If You do not agree, then You must cease using the SurgeU Services and leave the SurgeU Portal.
As a member of SurgeU You qualify to register and participate as a member of our community of traders and investors, You agree to (a) provide and maintain an accurate, current and complete Account ID; (b) maintain the security of Your password and user name; and (c) be personally responsible for all use of Your account and for any actions that take place using Your account.
SurgeU and the SurgeU Services are designed for individuals. If You are entering into these terms on behalf of a company, partnership or another legal entity, You represent that You have the authority to bind that legal entity to these terms and that Your participation in SurgeU and the SurgeU Services is not for commercial gain. See the Rules of Use below.
In order to ensure that all our students enjoy the highest quality of experience within SurgeU and the SurgeU Services, we reserve the right to suspend any person’s participation in SurgeU and the SurgeU Services at any time for any reason whatsoever in our sole discretion.

Rules of Use

To maintain the maximum effectiveness and mutual respect for all members within SurgeU, all users of the SurgeU Services agree as follows:

Not to post or otherwise make available

any content that a reasonable person might be expected to know would be regarded by Us or any other member of SurgeU as harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or promoting any services or products or constituting an invitation or inducement to engage in any specific investment or investment activity;
any private information of any third party, including addresses, phone numbers, email addresses, social media handles, Social Security numbers and/or credit card numbers;
any material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
any information that you do not have a right to make available under any law, regulation or under contractual or fiduciary relationships (such as inside information relating to any securities or other financial instruments or products, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or any other similar undertaking).

Not to take any action to:

impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
use or attempt to use another’s account, service, or system without express authorization from Us, or create a false identity on the SurgeU Services;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by You or anyone affiliated with You; or
in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the SurgeU Services or adversely affect its use by other community members or by Us.

SurgeU reserves the right, in its sole discretion, to deem actions inappropriate and grounds for removal of offending material and/or termination of access to SurgeU and the SurgeU Services. Such actions include, but are not limited to, the following:

Using SurgeU Services to sell any products or services that are unlawful in the location at which the content is posted, received, or accessed or the products or services are ordered or delivered;
Using SurgeU Services to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
Using SurgeU Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
Using SurgeU Services to post any content that holds Us (including our affiliates), employees, instructors, contractors, franchisees, or shareholders up to public scorn or ridicule or would in any way damage or impair our reputation or goodwill (We are not required to publish or host any such content);
Using SurgeU Services to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
Failing to obtain all required permissions when using SurgeU Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
Using SurgeU Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
Introducing viruses, worms, Trojan horses, malware, or other harmful code on the website in the SurgeU Services, or via the Internet.

SurgeU Rules

You agree that You will access SurgeU and make use of the participatory SurgeU Services such as linked Communities as follows:

1. RULE #1: APPLY THE GOLDEN RULE

Treat others how You would like to be treated.

2. RULE #2: NEVER FORGET RULE #1

You know what that means.

In SurgeU, Users are honest, respectful, have a sense of humor and stop short of rudeness and using offensive language.

Our postings and shared input are positive and instructive. Users share ideas, good information, successes, good trades and bad trades, good deals and bad deals, or mistakes as illustrations to assist others.

Users don’t use SurgeU or the SurgeU Services for inappropriate ideas, pet political peeves, or other input that has no bearing on investing.

Users are not blog hogs.

Users listen and respond rather than “shout” (e.g., use of All Caps, overuse of exclamation marks, etc.). This is Your SurgeU – treat it as a safe place and show others how to handle the ups and downs with dignity and class. We trust you to be leaders in this respect. Thank You for your mature participation and for joining Us in not taking ourselves too seriously.

SURGEU CONTENT

User Content:

You understand that all postings, blogs, messages, text, images, video, or other materials ("Content") posted or published on, uploaded to, transmitted through, or linked from, SurgeU by users of the SurgeU Services (“Users” or “members”) are the sole responsibility of the person from whom such Content originated. Further, you hereby grant to Us and related persons a perpetual license (with a right to sublicense) to use, publish and re-publish anything that You post, blog, message, text, upload or otherwise make accessible in SurgeU or through the SurgeU Services without payment to You of any kind for any purpose whatsoever, including without limitation, advertising, marketing, publicity, or training purpose. Although We provide rules for user conduct, We and our related persons do not control, and are not responsible for, Content made available through SurgeU by other Users and You acknowledge and agree that by using the SurgeU Services, You may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. While We may monitor SurgeU from time to time and remove any Content which we believe to be inappropriate or misleading, or which may be brought to our attention by other Users as being inappropriate or misleading, We are not responsible for the conduct, whether online or offline, of any User.

Your Content:

You are solely responsible for any and all content that you post in SurgeU and/or the SurgeU Services or transmit to or share with other Users (“Your Content").

You may not post or share Your Content if it is not original to You or if You do not have permission to post or share it. You acknowledge that we do not pre-screen or approve Your Content, but that We shall have the absolute right (but not the obligation) in our sole discretion to review Your Content and to refuse, delete or remove any of Your Content from SurgeU and/or the SurgeU Services and from any other destination that is available via SurgeU.

You are solely responsible at Your sole cost and expense for creating backup copies and replacing any of Your Content which you post or store in SurgeU and/or the SurgeU Services or otherwise provide to us of other Users. In that regard, You agree to indemnify and hold Us and our related persons harmless from any claims of infringement or unauthorized use brought by any third party against Us or any of our related persons as a result of Your Content or Your conduct.

Our Content:

We and our related persons may provide information, messages, text, images, video or other materials in SurgeU and/or the SurgeU Services in the form of blog posts, forum posts, trade ideas/set-ups, streaming classes, access to Expert Picks, Live Trading Rooms, Online Live Classes and other paid courses, services and other media ("Our Content").

Our Content is made available for EDUCATIONAL PURPOSES ONLY.

We and our related persons (i) do not advocate or solicit the buying, selling or holding of any investment, the use of any investment choosing methodology, the use of any particular financial tools or particular trading platform, or the use of any particular financial planner or adviser, advisor or broker dealer, real estate broker, agent or advisor, or mortgage lender and (ii) may, from time to time, express personal opinions; however none is authorized to represent these opinions as those of us or our related persons nor will We or they assume any responsibility for Your actions.

None of Our Content is intended as a communication of an invitation or inducement to engage in an investment activity or as the issuing of a financial promotion in relation to any security or investment.

Your Content and our Non-Exclusive Rights to Use Your Content:

When You post Your Content in SurgeU and/or in the SurgeU Services, You authorize and direct Us and our related persons to make any copies of Your Content as We require to post and store Your Content in SurgeU and/or in the SurgeU Services.

By posting Your Content in SurgeU and/or in the SurgeU Services, You represent and warrant that You have the right to do so and You grant us a free, never ending, irreversible, non-exclusive, transferable, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), sublicense and distribute Your Content for any purpose, commercial, advertising, marketing, promotional, educational or otherwise.

The right to use Your Content that You grant to Us as set out above also includes the right to prepare derivative works or incorporate Your Content into other works and to grant and authorize sublicenses of any derivative works.

Access to SurgeU and Disclaimer of Liability for your Use

Conditional upon Your acceptance and compliance with the Terms We grant You a limited, revocable, personal, non-transferable and non-exclusive right or license to access and use SurgeU and SurgeU Services for Your own personal use. This license does not allow You to collect, aggregate, copy, duplicate, display or make use or derivative use of SurgeU and/or the SurgeU Services or anything derived from it for any other purpose. You are expressly prohibited from using any data mining, robots, spiders, or similar data gathering and extraction tools in SurgeU and/or the SurgeU Services for any purpose. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to SurgeU and/or the SurgeU Services. If You believe You have a legitimate purpose for the collection, aggregation, copying, duplication, display or derivative use of SurgeU and/or the SurgeU Services please send an email, with Your full name, address and contact details and clearly stating Your requested purpose, to studensupport@surgeu.com to request written permission, which may be issued or denied in our sole discretion.
SurgeU and/or the SurgeU Services may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any unavailability of SurgeU and the SurgeU Services and shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of SurgeU and/or the SurgeU Services.
We are also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the internet or at any site or with respect to SurgeU and/or the SurgeU Services or any combination of any such problems, including injury or damage to You or to Your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with SurgeU any linked websites and/or in connection with the SurgeU Services.
Under no circumstances will We be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of SurgeU and/or the SurgeU Services or any Content posted on SurgeU and/or the SurgeU Services or transmitted to or by Users, or any interactions between Users, whether online or offline. If You are in the United Kingdom this clause is amended to state that We do not exclude responsibility for death or personal injury caused by our or our Related Person’s injury to You and nothing in these terms is intended to exclude Our responsibility for fraud, fraudulent misrepresentation, willful misconduct or any other matter which cannot be limited or excluded as a matter of law in the jurisdiction in which You are based.

Virtual Online Sessions:

All live online sessions, including all interactions that occur during a session (such as comments posted in the chat module and any other content posted) will be recorded and may be made available for viewing in SurgeU on demand (at SurgeU’s exclusive discretion) by other students at any time, or otherwise used by Us or our related persons for other training purposes. You acknowledge that You may not record any online delivery of the service or its education whether delivered Online or On Demand. Additionally, excerpts and screenshots from such recording may be used by Us and our related persons in case studies and for advertising, marketing, and publicity purposes. If You do not wish Your participation to be recorded or potentially seen by others, please do not attend any live online session or post any content during a live session.

Student Community Support Access, Notifications and Messages

You acknowledge and consent to our use of Your contact information, as You may provide to Us and update from time to time. We and our related persons will use it to contact You, to provide You with SurgeU, to customize Your SurgeU profile and to assist Us in our aim to bring You the most effective SurgeU experience. Our administrators, enrollment specialists, customer support personnel, student support managers and instructors may view Your SurgeU profile and may follow Your use of SurgeU and our websites. We are committed to Your educational experience and to providing excellent student support, and You consent to receive encouragement to actively participate in SurgeU and to use the products and services which You have acquired. You consent to receiving these messages and notifications via SurgeU, direct mail, email, text messages, or by telephone. You also consent to receive student offers, event information and advertising through SurgeU, direct mail, email, text messages, or by telephone.

You consent as follows: By accepting these Terms (a) I hereby opt in to the use of my email address for both transactional and marketing materials and use of my cell phone number for calls and texts by Us or our related persons and other carefully selected third parties, (b) I understand that I may opt out from receiving direct marketing by email and telephone at any time by notifying studentsupport@surgeu.com or providing an opt out notice to my enrollment specialist, student support or center administrator, (c) I expressly authorize Us or our related parties to call Me or send Me recorded messages, notifications or texts about products using automated technology to my telephone/cellular number I have provided in my enrollment agreement, as applicable and/or from time to time after enrollment, and (d) I understand that I am not required to give this consent in order to make any purchase of any products and services from Us or our related persons and/or other selected third parties.

For users of SurgeU in the UK and in EU countries: By accepting these Terms You agree to SurgeU and its related persons using your personal information (including the Information and any sensitive personal information, as defined by EU Data Protection legislation, which you provide to SurgeU) for the purposes of providing access to SurgeU. You acknowledge that your personal information may be transferred outside the European Economic Area where the data protection laws may not give similar protections as they do within the EU and by accepting these terms you give your consent to such transfers.

RISK DISCLOSURE AND YOUR RESPONSIBILITY

YOU ACKNOWLEDGE AND AGREE THAT TRADING AND INVESTING IN SECURITIES AND/OR REAL ESTATE ALWAYS INVOLVES HIGH LEVELS OF RISK, AND THAT ANY MONEY ALLOCATED TO TRADING AND INVESTING MAY BE LOST IN ITS ENTIRETY, AT ANY TIME.

YOU ACKNOWLEDGE AND AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY TRADING OR INVESTING ACTIVITY THAT YOU MIGHT UNDERTAKE. TRADING PROCESSES AND EXPERIENCES (INCLUDING BUT NOT LIMITED TO CHOOSING AN INVESTMENT AND MAKING A TRADE OR SELECTING A PROPERTY) PRESENTED, DESCRIBED OR REPORTED ON SURGEU, SURGEU SERVICES OR RELATED SITE(S) ARE NOT A REPRESENTATION OR PREDICTION THAT ANY ACCOUNT OR INVESTMENT, WHETHER IN SECURITIES OR REAL ESTATE, WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED, PRESENTED, DESCRIBED OR REPORTED ON SURGEU, SURGEU SERVICES OR RELATED SITE(S).

FUTURE RESULTS CAN BE DRAMATICALLY DIFFERENT FROM THE POSSIBILITIES THAT ARE PRESENTED ON SURGEU, SURGEU SERVIES OR RELATED SITE(S). PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. YOUR PARTICIPATION IN SURGEU AND / OR IN ANY OF THE SURGEU SERVICES CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF ALL THE ABOVE.

NOTE: CRYPTOCURRENCY CAN BE EXTREMELY RISKY. SEVERAL FEDERAL AGENCIES HAVE PUBLISHED ADVISORY DOCUMENTS SURROUNDING THE RISKS OF VIRTUAL CURRENCY. FOR MORE INFORMATION SEE, THE CFPB’S CONSUMER ADVISORY, THE CFTC’S CUSTOMER ADVISORY, THE SEC’S INVESTOR ALERT, AND FINRA’S INVESTOR ALERT.

TRADEMARKS AND INTELLECTUAL PROPERTY PROTECTION

SurgeU, and SurgeU™ and Our domain names and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Our affiliates in the U.S. and other countries (“Our IntellectualProperty”). You may not use any of Our Intellectual Property or any part of Our Intellectual Property in any of Your domain names, or in connection with any of Your websites, Facebook, LinkedIn, Twitter, YouTube, Instagram, TikTok, or other social media pages, products or services in any manner. You acknowledge that using any of Our Intellectual Property inappropriately and without Our prior written consent is likely to cause confusion and violates the Rules of Use. You agree that You will not copy, imitate, or use the whole or any part of Our Intellectual Property without first asking for Our written permission which We may withhold in our sole discretion. If you participate in private SurgeU communities sanctioned by SurgeU on Facebook, you may share Our Intellectual Property exclusively in the communities where SurgeU has approved Your participation.
SurgeU and/or the SurgeU Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through SurgeU and/or in the SurgeU Services is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of any part thereof through SurgeU and/or in the SurgeU Services or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for other than Your direct personal use, is prohibited without our prior written permission which We may withhold in our sole discretion.
You represent, warrant, and agree that Your Content posted in SurgeU and/or in the SurgeU Services will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or (b) be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material. In that regard You agree to indemnify and hold Us harmless from any claims of infringement, unauthorized use or other claim brought by any third party against Us as a result of Your conduct.
In keeping with our requirements of You, we respect Your intellectual property rights as well. If You believe that You have evidence of copyright infringement, or that Your intellectual property rights have been otherwise violated in SurgeU and/or in the SurgeU Services, please notify Us at studensupport@surgeu.com so We can apply the appropriate legal process and remove infringing material. Please provide Us with the following information:

Identify the content in SurgeU and/or in the SurgeU Services that You claim is infringing, with enough detail so that We may locate it in SurgeU and/or in the SurgeU Services;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback about SurgeU and/or in the SurgeU Services ("Input"), which You deliver to Us or our related persons is non-confidential and You hereby grant to Us and related persons a free, perpetual, irreversible, non-exclusive, transferrable, worldwide license (with a right to sublicense) to use, publish and re-publish the Input (including the right to prepare derivative works or incorporate the Input into other works and to grant and authorize sublicenses of any derivative works) without payment to You of any kind for any purpose whatsoever, including without limitation, advertising, product development, marketing, publicity or training purpose.

PRIVACY POLICY AND PRIVACY NOTICE

We respect Your privacy. If You are not in a European Union country please go here: https://student.surgeu.com/legal/privacy for the Privacy Policy applicable to You.

ADDITIONAL LEGAL DISCLAIMERS

SurgeU and the SurgeU Services are not intended to provide tax, legal or investment advice, and nothing in SurgeU and/or in the SurgeU Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or other investment, real estate or otherwise.

Trading in any securities and investing in real estate can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for You based on Your investment objectives and personal and financial situation. You must assess Your own level of experience, education, and risk tolerance before taking a trade or investing in real estate. You should also consult an attorney or tax professional regarding Your specific legal or tax situation.

SurgeU and the SurgeU Services, including all content contained therein, areto be used for informational, educational and entertainment purposes only and are not intended to provide investment advice for You. We and our related persons specifically disclaim any and all liability for any loss or claim of loss arising out of any action taken in reliance on content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

You understand that an investment in any security or real estate is subject to a number of risks, and that discussions of any security or real estate published in SurgeU and/or in the SurgeU Services will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which Content is published in SurgeU and/or in the SurgeU Services have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity, and less publicly available information.

SurgeU and/or the SurgeU Services may provide information from or links to certain brokerage, real estate and/or mortgage companies for Your convenience only. We and our affiliates do not endorse or recommend the services of any brokerage, real estate and/or mortgage company. The companies You select are solely responsible for their services to You.

By accepting these Terms, You understand that We and our related persons will use reasonable skill and care using appropriately skilled personnel and instructors. However, You understand that We and our related persons cannot provide You with any assurance that all the material and content provided will be complete, accurate and current in all material respects at all times. Moreover, You recognize and acknowledge that Your performance depends upon Your individual skills, effort, aptitude, time availability, market conditions and dedication as well as other factors outside of Your or Our control.

WE AND OUR RELATED PERSONS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY, REAL ESTATE BROKERAGE AND/OR MORTGAGE COMPANY.

EXCEPT AS EXPRESSLY SET OUT ABOVE, SURGEU AND THE SURGEU SERVICES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED "AS-IS" AND WE AND OUR RELATED PERSONS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF SURGEU OR THE SURGEU SERVICES OR OUR CONTENT.

WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS IN SURGEU, THE SURGEU SERVICES OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT SURGEU AND THE SURGEU SERVICES OR ANY OF THE SERVERS USED TO OPERATE SURGEU AND THE SURGEU SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SURGEU SITE(S) OR THE SURGEU SERVICES YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

FURTHER, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF SURGEU AND THE SURGEU SERVICES. YOU SHOULD NOT USE SURGEU AND/OR THE SURGEU SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. WE DO NOT WARRANT OR REPRESENT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. WE ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

We reserve the right to change any and all content, software and other items used or contained in SurgeU and/or in the SurgeU Services at any time without notice.

We do not endorse, sponsor or recommend any products, services, processes or other information, merely by referring to any trade name, trademark, manufacturer or supplier in SurgeU and/or in the SurgeU Services.

REGULATORY COMPLIANCE

You agree that any information that You make available in SurgeU and/or in the SurgeU Services, whether made available (a) by You or on Your behalf by a person authorized to make information available on Your behalf or (b) otherwise, in all situations complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR AFFILIATES, FRANCHISEES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS (“OUR RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PERSON (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOST PROFITS OR LOSS OF DATA ARISING FROM:

(1) YOUR USE OF SURGEU AND/OR THE SURGEU SERVICES, OR

(2) ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM SURGEU AND/OR THE SURGEU SERVICES,

EVEN IF WE OR OUR RELATED ENTITIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY AND THAT OF OUR RELATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT OR OTHERWISE] HOWEVER ARISING EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US OR OUR RELATED ENTITIES FOR THE USE OF SURGEU AND/OR THE SURGEU SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE MATTER GIVING RISE TO CLAIM.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US OR OUR RELATED ENTITIES FOR THE USE OF SURGEU AND/OR THE SURGEU SERVICES, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US OR ANY RELATED ENTITIES, REGARDLESS OF THE CAUSE OF ACTION.

THE LAWS OF SOME STATES AND COUNTRIES DO NOT ALLOW SOME OF THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES AND LOSSES OR LIMITATIONS SET OUT ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TERMINATION

At any time for any reason or no reason in Our sole discretion We may modify, restrict, or terminate Your account, delete Your profile and any of Your Content that You have posted or shared in SurgeU and/or the SurgeU Services and/or prohibit You from using or accessing SurgeU and/or the SurgeU Services. We may do this with or without notice and subject to the dispute resolution terms of your applicable jurisdiction as set out below.

We may take this action if Your use of SurgeU and/or the SurgeU Services: (1) violates these Terms; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) infringes any intellectual property rights of any third party; (4) violates any export or import regulations; (5) is disruptive or adversely effects the operation or use of SurgeU and/or the SurgeU Services; or (6) may, in Our reasonable opinion, expose Us or Our related persons, You or any other member of the community to potential legal liability.

The list of circumstances under which We may terminate Your use of SurgeU and/or the SurgeU Services is by way of example only, and does not in any way limit Us from exercising our discretion to modify, restrict or otherwise take the actions for any other action or behavior which We reasonably believe to be illegal, inappropriate or prejudicial to the use of SurgeU and/or SurgeU Services.

Further, We may suspend, expire or, in Our sole discretion, terminate Your access to SurgeU and/or the SurgeU Services if You fail to timely pay any amounts required under Your Enrollment Agreement or applicable basis of payment for any of the SurgeU Services.

INDEMNITY

You agree to indemnify and hold Us and our related persons and related entities harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees (“Losses”), arising out of or in connection with:
(1) Your use of SurgeU and/or the SurgeU Services,
(2) any content you post or content you share in SurgeU and/or in the SurgeU Services or otherwise,
(3) Your conduct in connection with SurgeU and/or the SurgeU Services or with other Users,
(4) and any violation of these terms or of any law, rule, regulation or order, or the rights of any third party.

This indemnity shall survive any termination of Your use, or cessation of use by You, of SurgeU and/or the SurgeU Services.

GENERAL TERMS

Your rights to use SurgeU and/or the SurgeU Services may not be assigned, transferred, or bequeathed to any other person without our written permission.

Notice or other communication between You, and/or Us, may be given by conventional first- class mail or by e-mail and are effective on the date received. You may contact Us at studentsupport@surgeu.com.

Nothing in these terms prohibits You from publishing any written, oral, pictorial review, performance assessment, or other similar analysis of goods or services, or conduct related to the goods or services, provided by Us or Our related persons, but any such publication made in SurgeU and/or in the SurgeU Services must comply with these terms and We are not required to publish or host any such publication.

If You are not in European Union country these Terms, and the Privacy Policy https://student.surgeu.com/legal/privacy and the Disclosure Policy https://student.surgeu.com/legal/disclosure constitutes the entire agreement between you and us regarding the use of SurgeU and/or the SurgeU Services.

If you are in European Union country these Terms, and the Privacy Policy https://student.surgeu.com/legal/eu-privacy and the Disclosure Policy https://student.surgeu.com/legal/disclosure constitutes the entire terms and conditions between you and us regarding the use of SurgeU and/or the SurgeU Services.

If We do not exercise or enforce any right or provision of these terms that inaction shall not constitute a waiver of such right or provision in that or any other instance.

Except as otherwise expressly stated herein, if any provision of these terms is held invalid, the remainder of these terms shall remain in full force and effect. Except as otherwise expressly stated herein, if any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF SURGEU AND/OR THE SURGEU SERVICES.

FOR USERS IN THE UNITED KINGDOM AND OTHER JURISDICTONS

Under no circumstances will We be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death (other than death or personal injury caused by our or our Related Person’s injury to You), resulting from anyone’s use of SurgeU and/or the SurgeU Services or any Content posted on SurgeU and/or the SurgeU Services or transmitted to or by Users, or any interactions between Users, whether online or offline. Nothing in these Terms is intended to exclude our responsibility for fraud, fraudulent misrepresentation, willful misconduct or any other matter which cannot be limited or excluded as a matter of law in the jurisdiction in which You are based.

If You and We and/or Related Persons cannot resolve our dispute, You and We and/or Related Persons will attempt to settle the matter by mediation (for persons in the United Kingdom in accordance with the Centre for Effective Dispute Resolution’s model mediation procedure then in force, or, for persons in other jurisdictions, by using a recognized mediation service in that location) before any party pursues other remedies.

OUR CONTACT DETAILS

SurgeU is the trading name of Oxlo’s, Inc., a Delaware Corporation. We can be contacted at https://oxlos.com/.

Last updated 15th of April 2024