Collection of your Personal Information
In order to better provide you with products and services offered, Surge Realty may collect personally identifiable information, such as your:
- First and Last Name
- E-mail Address
- Phone Number
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Surge Realty collects and uses your personal information to operate and deliver the services you have requested.
Surge Realty may also use your personally identifiable information to inform you of other products or services available from Surge Realty and its affiliates.
Sharing Information with Third Parties
Surge Realty does not sell, rent or lease its customer lists to third parties.
Surge Realty may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Surge Realty, and they are required to maintain the confidentiality of your information.
Surge Realty may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Surge Realty or the site; (b) protect and defend the rights or property of Surge Realty; and/or (c) act under exigent circumstances to protect the personal safety of users of Surge Realty, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Surge Realty. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Surge Realty website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Surge Realty does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, Surge Realty may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Surge Realty, you may opt out of such communications by Customers may unsubscribe from emails by “replying STOP” or “clicking on the UNSUBSCRIBE button.
Changes to this Statement
Surge Realty welcomes your questions or comments regarding this Statement of Privacy. If you believe that Surge Realty has not adhered to this Statement, please contact Surge Realty at:
945 McKinney St, Ste #210
Houston, Texas 77002
Intended Use & Disclaimer
- The website is intended for your benefit to become familiar with our services.
- You understand that we do not accept any liability whatsoever for any harm that might result from any statements presented on the website, including any descriptions of Surge Realty’s services or any third-party services or products posted on or offered through our website.
- You understand that any statements by us and our employees, agents, affiliates, and members are provided for informational purposes only.
- We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.
- Limitations of Warranties and Remedies. To the full extent allowed by law, we disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. We neither assume nor authorize any other person to assume for it any other liability in connection with the sale and use of the services provided by us. In no event will we be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if we have, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
- Indemnification. You agree to defend, indemnify, and hold harmless us and our owners, officers, agents and employees against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that may arising out of or resulting from your use of the website or any of Surge Realty’s services.
- Choice of Law and Venue. These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using the Site, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Harris County, Texas with regard to any dispute relating to these terms or its enforcement. You also hereby waive any challenge to venue and personal jurisdiction You may have to a lawsuit filed in a state or federal court in Harris County, Texas, relating to a dispute between the parties relating to these terms or its enforcement.
- Severability. If any provision of these terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Trademarks. We are the owner of Surge Realty, www.thesurgerealty.com, and all other company marks, slogans and logos. All other marks and logos appearing on the website are owned by their respective owners. We are the owner of the website’s, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
- Copyrights. Our website contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the website are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the website’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without our express written permission and the copyright owner, if applicable. All rights are reserved.
Representations and Warranties
By using the website, you represent and warrant that you are using the website solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the website, any materials available through the website or us. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the website or any subpart thereof, or reverse engineer any part of the website, portions of the website, or any materials available through the website. You also represent and warrant that any information you provide us is true and accurate.
Effective as of May 18, 2021