Age Requirement; Responsibility.You
may not access or use the Service unless you are at least 13 years old. You are
responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer. You are responsible for your use of the
Service and for all activities that occur under your account or password.
Registration. You are
required to maintain all information provided during your registration process so
that it remains true, accurate, up-to-date and complete at all times.
Conduct. You may use
the Service only in accordance with all applicable laws and regulations, consistent
with its intended use and in a manner that does not disrupt the use of the Service
by others. You may not artificially generate traffic or page links to any portion
of the Service. You agree not to authorize, aid, or encourage anyone to act in violation
of these Terms of Use. In addition, you agree not to use the Service to:
(1) harvest or otherwise collect or disseminate personal information
about others without their consent, or harass or "stalk" another;
(2) impersonate any person or entity, or forge headers or
otherwise manipulate identifiers in order to disguise the origin of messages;
(3) gain or attempt to gain unauthorized access to the Service,
or other accounts, computer systems or networks connected to the Service, through
password mining or any other means;
(4) solicit business for any company or service competitive
to Summit;
(5) solicit other business off topic or not related to the
purpose of the website;
(6) export technical data or other materials in violation
of any applicable law; or
(7) upload, transmit or otherwise make available material
that: (a) is unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable; (b) infringes
any intellectual property right or other right of any third party, including but
not limited to any patent, trademark, trade secret or copyright; (c) constitutes
the unauthorized or unlawful disclosure of confidential or other proprietary or
nonpublic information; (d) constitutes "chain letters," "junk mail," "spam," "pyramid
schemes" or other duplicative. or disruptive messages; or (e) contains viruses,
trojan horses, worms or any other harmful or disruptive computer code, files or
programs.
Hyperlinks. You may
create a hyperlink to the home page of the Service so long as the link does not
portray the Service, Summit or its affiliates, or their services in a false, misleading,
derogatory, or otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark as part of the link without written permission.
Privacy
Please see our Privacy Policy , which also governs your use
of the Service and is incorporated into these Terms of Use.
Summit Proprietary Rights
All content included in the Service and originating with Summit,
including but not limited to Website design, text, photographs, graphics, sound,
software, the device applications and the arrangement of all content in the Service,
is the property of Summit or its licensors, and is protected by United States and
international copyright and other applicable law. All rights to such content are
reserved to their respective copyright owners. Except as expressly authorized by
these Terms of Use or any guidelines or instructions included in the Service, you
may not reproduce, modify, copy, create derivative works of, sell or distribute
any portion of the Service, use of the Service or access to the Service.
Distribution of Device Applications
Summit authorizes you to distribute the device applications
to end users; provided, however you shall notify us immediately in the event you
become aware of any end user(s) who are violating the device application terms of
use.
Third-Party Information
The Service may include links to third party websites, whose
content, business practices and privacy policies are not under our control. We are
not responsible for the content of any third party websites and we will not be liable
for any damage or loss caused by or in connection with the use of such websites.
The inclusion of a link in the Service does not imply any endorsement by us or any
affiliation between us and the third party.
e-MarketPlace™and
all related logos, graphics and icons are service marks or trademarks of Summit.
All other trademarks, service marks, product names and company names or logos that
appear on this site are the property of their respective owners, and their presence
in the Service does not represent an endorsement of the Service.
Content Provided By Users
You are responsible for all content you submit to the Service.
You warrant that you have all rights necessary to submit such content to the Service,
and that the public display and other use of such content by Summit or an end user
will not violate the rights of any third party.
You hereby grant us the non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sub-licensable, transferable license to use, reproduce,
modify, translate, publicly display, perform, create derivative works of, publish,
distribute and promote, in any form and for any purpose, any content you submit
to the Service.
In using the Service, you may access content submitted by
other users. We do not pre-screen, edit or review content submitted to the Service.
You may be exposed to content that is inaccurate, offensive, indecent or objectionable.
We do not make any representations or warranties about the accuracy, integrity,
quality or any other aspect of such content, and we will not be liable for any damage
or loss caused by or in connection with the use of such content. By using the Service,
you agree to bear all risks associated with the use of any content on the Service
and any reliance on the accuracy, completeness, or usefulness of such content. We
reserve the right, in our sole discretion, to remove, change from public to private,
move or otherwise restrict any content submitted to the Service, at any time and
for any or no reason, with or without notice.
No Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUMMIT AND ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUMMIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
SUMMIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i)
THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii)
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSION OR
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless Summit and its affiliates,
officers, employees, agents, partners and licensors from and against any loss, damage,
liability and costs, including reasonable attorneys' fees, incurred in connection
with a claim by any third party due to or arising out of your use of the Service,
your violation of these Terms of Use or the rights of another party, or content
you submit to the Service.
Changes
We reserve the right to make changes to our site, policies,
and these Terms of Use at any time. These Terms of Use represent the entire agreement
between you and Summit with regard to their subject matter, they supersede all prior
agreements and representations, and they may not be modified except by Summit in
writing (including modifications by us to this page). In the event of any conflict
between these Terms of Use and any instructions or guidelines included in the Service,
these Terms of Use shall control.
Procedure for Making Claims of Copyright Infringement
We may, in appropriate circumstances and in our discretion,
disable or terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
our Copyright Agent the following information:
(1) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual
property that you claim has been infringed;
(3) a description of where the material that you claim is
infringing is located on the site;
(4) your address, telephone number, and email address;
(5) 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;
(6) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf. Our agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail—Copyright Notice, c/o Summit Mobile Solutions, Inc., 12130 Travertine Court,
Poway, California 92064;
By phone—888.37.2661;
By fax--(858) 547-8698; or
By email- info@summit-mobile.com
General
Notices. We may provide
you with notices, including those regarding changes to these Terms of Use, by email,
regular mail or postings on the Service.
Choice of Law and Forum. These Terms of Use, your use of the
Service and the relationship between you and Summit shall be governed by the law
of the State of California, without regard to its conflict of laws principles, and
shall be brought only in federal or state court in the County of San Diego, California,
and you and Summit hereby generally and unconditionally submit to and accept the
jurisdiction of such courts.
Waiver and Severability.
Our failure to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision by us. If any provision
of these Terms of Use is found by a court of competent jurisdiction to be invalid,
the court will endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of these Terms of Use will remain in full
force and effect.
Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action by
you arising out of or related to these Terms of Use or the use of the Service must
be filed within one (1) year after such claim or cause of action arose or be forever
barred.
Headings. The section
headings in these Terms of Use are for convenience only and have no legal or contractual
effect.