SUMMIT MOBILE COMMUNITY Terms and Conditions of Service
SUMMIT MOBILE COMMUNITY and its associates provide their services to you subject to the following terms. If you visit this website, you accept these conditions. Please read them carefully.
CHANGE IN TERMS OF SUMMIT MOBILE COMMUNITY may change the Terms of Service from time to time. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. SUMMIT MOBILE COMMUNITY reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. SUMMIT MOBILE COMMUNITY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). SUMMIT MOBILE COMMUNITY shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
ELECTRONIC COMMUNICATIONS When you visit SUMMIT MOBILE COMMUNITY or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SUMMIT MOBILE COMMUNITY or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SUMMIT MOBILE COMMUNITY, with copyright authorship for this collection by SUMMIT MOBILE COMMUNITY, and protected by international copyright laws.
TRADE MARKS SUMMIT MOBILE COMMUNITY ’s trademarks and trade dress may not be used in connection with any product or service that is not SUMMIT MOBILE COMMUNITY’S, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SUMMIT MOBILE COMMUNITY. All other trademarks not owned by SUMMIT MOBILE COMMUNITY or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SUMMIT MOBILE COMMUNITY or its subsidiaries.
LICENSE AND SITE ACCESS SUMMIT MOBILE COMMUNITY grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SUMMIT MOBILE COMMUNITY. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SUMMIT MOBILE COMMUNITY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SUMMIT MOBILE COMMUNITY and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SUMMIT MOBILE COMMUNITY name or trademarks without the express written consent of SUMMIT MOBILE COMMUNITY, Any unauthorized use terminates the permission or license granted by SUMMIT MOBILE COMMUNITY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SUMMIT MOBILE COMMUNITY so long as the link does not portray SUMMIT MOBILE COMMUNITY, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SUMMIT MOBILE COMMUNITY logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. SUMMIT MOBILE COMMUNITY and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Your membership entitles you to access the password protected site content from a maximum of two IP addresses. Attempt to access the site content from other IP addresses may result in the cancellation of you membership.
CONDUCT By using the Site you agree that you will not do any of the following:
- Restrict or inhibit any other user from using and enjoying the Site; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SUMMIT MOBILE COMMUNITY reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SUMMIT MOBILE COMMUNITY and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SUMMIT MOBILE COMMUNITY and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SUMMIT MOBILE COMMUNITY or its associates for all claims resulting from content you supply. SUMMIT MOBILE COMMUNITY has the right but not the obligation to monitor and edit or remove any activity or content. SUMMIT MOBILE COMMUNITY takes no responsibility and assumes no liability for any content posted by you or any third party.
THIRD PARTY SERVICES In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by SUMMIT MOBILE COMMUNITY. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not SUMMIT MOBILE COMMUNITY, is responsible for the performance of the Third Party Services.
PRODUCT DESCRIPTIONS SUMMIT MOBILE COMMUNITY and its associates attempt to be as accurate as possible. However, SUMMIT MOBILE COMMUNITY does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by SUMMIT MOBILE COMMUNITY itself is not as described, your sole remedy is to return it in unused condition and/or cancel your membership.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SUMMIT MOBILE COMMUNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUMMIT MOBILE COMMUNITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUMMIT MOBILE COMMUNITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUMMIT MOBILE COMMUNITY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SUMMIT MOBILE COMMUNITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUMMIT MOBILE COMMUNITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERMINATION AND AMENDMENT Your privilege to use or access the Site may be terminated by SUMMIT MOBILE COMMUNITY immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that SUMMIT MOBILE COMMUNITY reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that SUMMIT MOBILE COMMUNITY may exercise this right in its sole discretion.
You agree to defend, indemnify and hold SUMMIT MOBILE COMMUNITY and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
APPLICABLE LAW By visiting SUMMIT MOBILE COMMUNITY, you agree that the laws of the state of California, U.S., without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SUMMIT MOBILE COMMUNITY or its associates.
DISPUTES Any dispute relating in any way to your visit to SUMMIT MOBILE COMMUNITY or to products you purchase through SUMMIT MOBILE COMMUNITY shall be submitted to confidential arbitration in Los Angeles County, California, U.S., except that, to the extent you have in any manner violated or threatened to violate SUMMIT MOBILE COMMUNITY ’s intellectual property rights, SUMMIT MOBILE COMMUNITY may seek injunctive or other appropriate relief in any state or federal court in the state of California, U.S., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.