PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Thank you for visiting Surprise.com (the "Site"). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED ON THE SITE.

Surprise.com hosts a comprehensive listing of gift ideas and information on thousands of products and services.

These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it.

Surprise.com may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time with or without notice. Surprise.com may remove, modify, or otherwise change any content, including that of third parties, on or from the Site. Surprise.com may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Surprise.com may terminate your use of the Site at any time at its sole discretion.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Surprise.com.

1. Proprietary Rights and Copyrights

All Content of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, audio and video clips available on this website ("Content") is the property of Surprise.com or its Content providers and protected by U.S. and International Copyright laws. All rights reserved. The Content of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Surprise.com's prior written permission, except that you may download and print content for noncommercial or informational uses that are not competitive with or derogatory to Surprise.com, provided that you keep all copyright or other proprietary notices intact. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the Content for any other purposes is strictly prohibited. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on the Internet or any Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content of this Site is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.

2. Trademarks

"Surprise.com," other graphics, logos, and service names used on this Site by Surprise.com are trademarks or registered trademarks of Surprise.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Surprise.com. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Surprise.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Surprise.com. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners.

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Surprise.com. Surprise.com retains full and complete title to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works from any Software.

3. Privacy

Surprise.com's Privacy Policy describes the type of information Surprise.com collects when you visit the Site and how Surprise.com uses that information. Please see our Privacy Policy for more information.

4. User Conduct

In using this Site, you agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, corrupted, or destructive files;
not to use or attempt to use another's account, service, or system without authorization from Surprise.com, or create or use a false identity on this Site;
not to transmit through or on this Site spam, chain letters, junk mail, surveys, contests, pyramid schemes, or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and,
not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this site.

5. Linking To Other Sites

Surprise.com contains links to other websites. When you click on one of these links you access a website that is owned by an entity other than Surprise.com. Surprise.com is not responsible for the content, services, or products available on or through any such linked site.

This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Surprise.com nor its affiliates shall have any liability whatsoever to you for any such third-party material, data, or information.

6. Disclaimers

THIS SITE, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INFORMATION, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURPRISE.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT SURPRISE.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, SURPRISE.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.

EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, SURPRISE.COM DOES NOT OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ACTIVITY RELATED TO THE USE OF THE PRODUCTS, SERVICES, INFORMATION, AND CHARGE/CREDIT CARD SERVICES OFFERED ON THIS WEBSITE.

SURPRISE.COM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES SURPRISE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

SURPRISE.COM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWNTIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF SURPRISE.COM, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

SURPRISE.COM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURPRISE.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SURPRISE.COM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SURPRISE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

7. Copyright Policy and Copyright Agent

It is Surprise.com's policy to respect the copyright and intellectual property rights of others. Surprise.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Surprise.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

All Content is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by Surprise.com or its licensors. You acknowledge that the Site and any underlying technology used in connection with the Site contains proprietary and confidential information of Surprise.com. You may not copy, reproduce (except as stated below), publish, distribute, create derivative works of, sell, transfer, display, transmit, compile, or collect in a database, or in any manner commercially exploit any part of the Content or the Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Site. If you feel that any Content on the Site infringes your copyrights, you may contact Surprise.com's copyright agent at the following address:

By email: copyright@Surprise.com

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site; (c) your signature (digital or hard-copy), (d) your address, telephone number, and email address, and (e) a statement (notarized if possible and made under penalty of perjury that): (1) you are the copyright owner or are authorized to act on the copyright owner's behalf; (2) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

8. Changes to Site or Terms of Service ("TOS")

The Site is currently accessible to users without charge; however, Surprise.com reserves the right to charge for one or more portions of the Site in the future. (Surprise.com will notify you of any fees associated with any portion of the Site, and require you to subscribe to such portion of the Site, prior to charging you any fees.)

9. Failure to Comply with TOS

You acknowledge and agree that Surprise.com may suspend or terminate your membership account and/or deny you access to, use of, or submission of Content for, all or part of the Site, without prior notice, if you engage in any conduct that Surprise.com believes, in its sole discretion: (a) violates any term or provision of the TOS; (b) violates the rights of Surprise.com or third parties; (c) or is otherwise inappropriate for continued access and use of the Site. In addition, Surprise.com reserves the right to terminate inactive membership accounts. You agree that upon termination, we may delete all information related to your account and may bar your access to your account and the Site.

10. Termination

You may discontinue your participation in and access to the Site at any time. The TOS will continue to apply to all past use of the Site by you, even if you are no longer using it.