The TOP SECRET SURFER service found at TopSecretSurfer.com(“Site”), including Top Secret Surfer, our standard service,is a vehicle for individuals to conduct secure and anonymous internet browsing ( “Service”). Top Secret Surfer and the Site are owned and managed by Popular Thoughts LLC (“Popular Thoughts LLC”, “Top Secret Surfer” “we” or “us”).
This is a legal agreement (“Agreement”) between you and Popular Thoughts LLC. Please read the Agreement carefully before registering for the Service. By registering for Top Secret Surfer you become a licensed member of the Service (a “Member” or “you”), and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the Service. You must be 18 years or older to purchase and use the Services. By accessing the Site you are certifying that you are at least 18 years or age. Use of the Site and the Services are void where prohibited.
Modification of Terms: You should periodically review these Terms as Top Secret Surfer may revise them from time to time as may be appropriate. Your use of this Site and the Service signify your complete acceptance of these Terms. Top Secret Surfer will provide notice of changes to the Terms by posting the new Terms on the Site. All such changes in the Terms shall be effective from the Effective Date set forth below when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with the Site or the Service in any way, your only recourse is to immediately discontinue use of the Site and the Services.
Termination of Membership: Either party may terminate membership for any reason. You may terminate your membership at anytime by cancelling your membership. Popular Thoughts LLC may suspend or terminate your membership and access to the Site and the Service, without notice upon any breach of this agreement by you or for any other reason.
Use of Service: Your membership in the service is for your sole, personal use and enjoyment. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Utilizing information obtained from the Site for anything other than your own personal use is done solely at the risk of the member. No representations, neither express nor implied, or made as to the validity of any data provided. While Popular Thoughts LLC has made every effort to supply you with current and valid data; there can be no guarantee as to any specific piece of data obtained by members. You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from this Site or Service to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this
Site or Service. You further agree not to provide any information obtained from this Site or Service to any third party.
Disclaimer of Warranties: Popular Thoughts LLC is providing information on this Site for informational purposes only. POPULAR THOUGHTS LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. POPULAR THOUGHTS LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the fullest extent permitted by law, Popular Thoughts LLC disclaims any warranties for the security, reliability timeliness, accuracy and performance of the site and the Service, for other services or goods received through or advertised on the site or the Service or accessed through any links on the site, and/or any warranties for viruses or other harmful components in connection with the Site or the Service. Popular Thoughts LLC does not make any representation that the information accessed from the Site is accurate since the Service searches and gathers information from other sources, including public records that may not be accurate or complete. In addition Popular Thoughts LLC does not control the accuracy of the searches conducted nor the data provided.
In providing this Service POPULAR THOUGHTS LLC is not rendering legal or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. All uses are subject to applicable law and are void where prohibited.
Third Party Sites: Throughout this Site, hyperlinks to other web based sites are provided for all Members’ convenience. Such external web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Popular Thoughts LLC. Popular Thoughts LLC does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such web sites. Popular Thoughts LLC assumes no liability for the accuracy, or availability of any information on these web sites or for any fees charged by such sites. Use of any information obtained from such web sites is voluntary on the part of the member, and reliance on such information should only be undertaken at Member’s own risk. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by Popular Thoughts LLC.
Limitation of Liability: IN NO EVENT SHALL POPULAR THOUGHTS LLC (OR ITS SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES whether the damages arise from use or misuse of the site or the Service, from the inability to use the site or the Service, or the interruption, suspension, modification, alteration, or termination of the site or the Service, such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the Service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the Service or any links on the site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POPULAR THOUGHTS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF POPULAR THOUGHTS LLC AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO POPULAR THOUGHTS LLC. These limitations shall apply to the fullest extent permitted by law.
Fees for Service:
Service License Fees: You acknowledge and agree that you will be charged a monthly service charge for that Service. One month is agreed by each member to be a 30- day period. 30 days following the date you joined, an amount equal to the monthly service charge in effect at the date you joined will be charged to the credit card on file for the Member. You can cancel your Top Secret Surfer Service at any point during a monthly period to avoid subsequent monthly subscription fees being billed. Under no circumstance will subscription charges be refunded, regardless of the amount of time left on the Member’s monthly term. You agree that if and when you choose to cancel your premium membership, you will do so by calling the Popular Thoughts LLC customer support department as detailed at http:/ /www.topsecresurfer.com. There is no charge applied by Popular Thoughts LLC for cancellation. Because of the unlimited user access granted to you during the period of subscription, all monthly charges made via the system are NON-REFUNDABLE.
Free or Introductory Promotional Offers: If you have joined under a SPECIAL INTRODUCTORY TRIAL OFFER (for example, first three days for $9.95 or a thirty day free trial), you hereby acknowledge that a credit card charge reflecting the monthly fee will occur beginning at 6 p.m. Eastern Standard Time (“EST”) on the day the trial period is completed. You may cancel a premium Service at any time but once a charge is made for the monthly service fee, no refunds will be granted unless you have already cancelled your subscription via phone prior to 6 p.m. EST on the day the trial period ends. In order to receive any refund for a charge made after you have cancelled you must provide proof of cancellation. Such proof will be limited to the automated confirmation email from Popular Thoughts LLC showing the date and time of said cancellation. Said cancellation must have occurred prior to the end of the trial period. Said trial period is calculated to include as a full day the day you started your introductory trial period, regardless of the amount of time actually remaining in that day. For example, a member joining under a 3-day trial period on Thursday evening will be charged a monthly subscription charge on Saturday at 6:00 p.m. EST
Limitation on Re-activation: You agree that there is 1 (one) introductory or trial offer for use per member/computer/email address and/or member’s immediate household. You further agree that if and when you choose to re-activate and continue your subscription, your account will re-activate at the regular monthly charge. Use of multiple introductory or trial offers by you will be considered breach of this agreement and remedy may include application by Popular Thoughts LLC of one regular pro-rata monthly membership charge for each additional introductory or trial period utilized by you after the first, even if each subsequent membership trial is cancelled within the said trial period. You agree to pay any and all such additional monthly membership charges.
Payment Information: We may supplement information you give us with information from other sources, such as information to validate or update your address, payment card or other information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
Indemnity by Member: You agree to indemnify and hold Popular Thoughts LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Site or Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person or entity.
Online Content: Popular Thoughts LLC does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Popular Thoughts LLC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to members. You understand that all material transmitted through, or linked from the Site or Service is the sole responsibility of the person or entity from whom such material originated. Furthermore, the Site, Service and material available through the Service may contain links to other web sites, which are completely independent of Top Secret Surfer. Those links do not imply any endorsement by Popular Thoughts LLC and Popular Thoughts LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk.
Proprietary Rights: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. We retain full copyright ownership, rights and protection in all material contained on the site (including all software, HTML code and other code). None of the material contained in the Site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of Popular Thoughts LLC. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/ or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. All content of the Site is owned by Popular Thoughts LLC. All rights are reserved.
Top Secret Surfer and our logo(s) are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Your unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
Disputes: To resolve a complaint regarding the this agreement, the Site or the Service (“Dispute”), you hereby agree to first contact Customer Support via phone or support form found at http://www.topsecretsurfer.com/ and to work in good faith towards a successful resolution of your Dispute for a period of up to thirty (30) days prior to initiating any further legal remedies which might be available to you by law. Should the Dispute not be satisfactorily resolved within sixty (60) days following an emailing of said complaint, the Dispute shall be referred to final, binding arbitration by a single neutral arbitrator appointed in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The venue for arbitration shall be St. Johns County, Florida. The arbitrator shall apply the substantive law of the State of Florida, without giving effect to the conflicts of laws provisions thereof, and shall have the power to interpret such substantive Florida law to the extent it is unclear. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The arbitrator shall not have the power to award punitive, consequential, indirect, or special damages. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Popular Thoughts LLC, the Site or the Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Termination: You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.
Effective Date: November 3, 2010
POPULAR THOUGHTS LLC Copyright 2010-2016. All rights reserved.