Terms of Use

Terms of Use

Last Updated: 11/12/2020

Thank you for visiting the website of Summit Exercises and Training LLC (SummitET^®). These Terms of Use (“Terms”) govern your use of SummitET’s website, located at www.summitet.com and any of the other related pages of our website, including but not limited to “About” “Solutions” “Proven Results” “Contact Us” (“Sites”).  These Terms also apply to any of our other websites that post these Terms.  By using our Sites and/or registering with our Sites, you have agreed to these Terms.  If you do not agree, then do not use our Sites and do not register with our Sites.

Disclaimer

The information provided by SummitET on our Sites, including from third parties, is for general information purposes only, and should not be construed to be professional, commercial or legal advice.  While SummitET is pleased to provide this information and care has been taken to make it useful and accurate, the information is not guaranteed to be correct, complete or up to date.  Moreover, each person, entity or organization has different needs and requirements, particularly when responding to the unique and dynamic facts and circumstances of an evolving crisis event.  In addition, scientific, technical and other advice, as well as best practices, are always evolving.  As a result, SummitET does not make any warranty, express or implied, of any kind whatsoever of the completeness, accuracy or usefulness of this information, and does not assume any legal responsibility for your reliance on any of the information or advice contained in our Sites.  Your continued use of our Sites indicates your understanding of and agreement to all of the Terms.

Our Sites are provided to you on an as is, and on an as available, basis.  Any errors or omissions on our Sites should be promptly brought to our attention through our “contact” link, and we will endeavor to correct them as soon as is practicable.  By accessing, reviewing and/or downloading information and advice from our Sites, you agree to hold harmless, indemnify and release SummitET from any and all responsibility in law or equity that may arise from your use of or reliance on the information and/or advice on our Sites.

Use Restrictions

You agree not to use the Sites for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of our Sites or others’ websites.  You further agree not to use our Sites in any manner that:  (a) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying our Sites or any portion thereof; (b) is intended to obtain unauthorized access to the Sites, any portion thereof, or any servers or devices on which our Sites or any related data or information is stored; (c) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (d) causes us to lose (in whole or part) the services of our internet service providers or other suppliers; (e) links to materials or other content, directly or indirectly, to which you do not have a right to link; (f) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by SummitET in its sole discretion; or (g) otherwise violates, or encourages anyone to violate these Terms, any ancillary terms, and/or other conditions listed on the Sites.

Copyrights and Trademarks

Our Sites are protected by the copyright and trademark laws of the United States and other jurisdictions.  You may print a copy of any part of our Sites, including but not limited to our blog posts, for your personal, non-commercial use.  However, you may not copy or disseminate any part of the Sites for any other purpose, and you may not modify any part of the Sites for any reason.  Inclusion of any part of the Sites in another work, whether in printed, electronic or other form, and inclusion of any part of the Sites in another website by linking, framing or otherwise, are strictly prohibited without SummitET’s express written consent.  The trademarks, service marks, and logos of SummitET belong exclusively to SummitET and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.  Other trademarks, service marks, and logos are the property of their respective owners.  The use or misuse of our or others’ trademarks is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under the SummitET trademarks or the trademarks of any third party. 

Third Party Websites

Our Sites may contain links to websites not maintained by SummitET.  SummitET is not responsible for the contents of any linked site or any link contained in a linked site.  In addition, the inclusion of a link in our website to another website does not imply recommendation, approval or endorsement by SummitET of that website.

Limitation of Liability and Dispute Resolution

In no event shall SummitET or any third parties mentioned on our Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of, or inability to use, our Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not SummitET is advised of the possibility of such damages.  Your sole and exclusive remedy for any dispute with SummitET is about our Sites and the information and/or advice on our Sites is to discontinue your use of our Sites.  By using our Sites, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof, you will first try in good faith to settle such dispute by providing written notice to SummitET that describes the facts and circumstances of the dispute, and you will allow SummitET thirty (30) business days in which to respond to or settle the dispute.  Your notice must be sent in writing to SummitET, 111 2nd Ave. NE, Suite 354, St. Petersburg, FL 33701.  By your use of our Sites, you agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against SummitET. 

Choice of Law

Unless contrary to law, you agree that the laws of the State of Florida govern these Terms and any claim or dispute that you may have against SummitET in connection with these Terms or your use of our Sites, without regard to the State of Florida’s conflict of laws rules.  Notwithstanding the foregoing, with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act, which is codified at title 9, United States Code, sections 1- 16. 

Modification and Termination

We reserve the right to restrict, modify, suspend, or terminate your access to our Sites, with or without cause or prior notice, at any time, and without any liability to you or others.  We also reserve the right to modify these Terms at any time.  Your continued use of the Sites after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of these Terms.  If you do not agree to abide by the initial version and any modified version of these Terms, then you are not authorized to use our Sites.