WEBSITE TERMS OF USE
Authorized Use: The Website and Service are available only to individuals who can enter into legally binding contracts under applicable law. If you are a Website visitor (“Visitor”), you may use the Website in order to obtain information about the Summit Card and the Service and to apply for a Summit Card. Visitors are not authorized to access any content and/or data available to those individuals that are Summit Card Account holders.
License Grant: As a Visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and its associated content, in accordance with this Agreement. We may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website, the Service and/or a Summit Card Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website (and its associated content), the Service, your Summit Card Account and/or any portion thereof. We reserve any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, the Service and/or your Summit Card Account. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website. Your right to use the Website, the Service and/or your Summit Card Account including, without limitation, your Login, is non-transferable. Access to, and use of, your Summit Card Account and the Service is made through your Login information. Your Login must be kept strictly confidential. For security reasons, we will not release passwords for any reason, other than to the applicable Summit Card Account holder, except as may be specifically required by law or court order. Unauthorized access to the Website, the Service and/or a Summit Card Account is a breach of this Agreement and a violation of applicable law.
Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, the Service and/or your Summit Card Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, the Service and/or your Summit Card Account are strictly prohibited. You do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Website, the Service and/or your Summit Card Account. The posting of information or material at the Website and Service by us does not constitute a waiver of any right in such information and/or materials.
Privacy Policy: Use of the Website, the Service and/or your Summit Card Account is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your Website, Service and Summit Card Account use, and any and all other personal information provided by you, in any manner consistent with our Privacy Policy, which is hereby incorporated and made a part of this Agreement.
Editing, Deleting and Modification: We reserve the right, in our sole discretion, to edit and/or delete any information or other content appearing on the Website, the Service and/or your Summit Card Account at any time, without notice to you.
Indemnification: You agree to indemnify, defend and hold us, our owners, and each of our respective officers, members, employees, and attorneys (each a “Covered Party”), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from your breach of this Agreement and/or your use of the Website, the Service and/or your Account, in any manner whatsoever.
Disclaimers and Limitations: THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND AN Y MERCHANDISE OBTAINED THROUGH THE SERVICE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COVERED PARTIES ARE NOT LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE, THE SERVICE AND/OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT YOU HAVE PAID FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEBSITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE.
Equipment: You shall be responsible for obtaining and maintaining all telephone, computer hardware and any other equipment needed to access and/or use the Website, the Service and/or your Account, as well as any and all charges related thereto.
LEGAL MATTERS
Governing Law: The Website, the Service, and your Summit Card Account are governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise as a result of your use of the Website, the Service, and/or your Summit Card Account shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. You agree and waive all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website, the Service, and/or your Summit Card Account, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
CONTACT US
https://signup.thesummitcard.com/
6670 KALAMAZOO AVE STE D BOX 156 KENTWOOD MI 49508
(866) 690-1245