Terms of Service for Individual Users

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.

This Terms of Service Agreement (the "Agreement") is between you ("you") and Summit Privacy Resources, LLC ("Summit," "we," "us"), and governs your use of the Internet world wide web site currently located at http://www.summitprivacy.com (together with any successor site(s) and all Services (as defined below), the "Site").

1. Acceptance of Terms.

The Site is made available by Summit subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither Summit nor any entity that directly or indirectly controls, is controlled by or is under common ownership or control with Summit (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

2. Jurisdictional Issues.

The Site is controlled and operated by Summit from the United States, and is not intended to subject Summit to the laws or jurisdiction of any state, country or territory other than that of the United States. Summit does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Description of the Services.

We provide users of the Site with access to specialized content and services related to privacy law, including without limitation searchable database functionality and certain e-mail updates and newsletters (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site. YOU HEREBY AGREE AND ACKNOWLEDGE THAT (A) NEITHER SUMMIT NOR ANY OF THE AFFILIATED ENTITIES IS UNDERTAKING TO PROVIDE LEGAL SERVICES OR LEGAL REPRESENTATION TO YOU OR YOUR EMPLOYER OR FOR YOUR OR ITS BENEFIT; (B) NO ATTORNEY-CLIENT RELATIONSHIP IS HEREBY FORMED WITH SUMMIT AND/OR THE AFFILIATED (INCLUDING ANY ATTORNEYS WHO WORK FOR AND WITH SUMMIT AND/OR THE AFFILIATED ENTITIES); AND (C) THE CONTENT AND INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE ARE NOT INTENDED AS AND DO NOT CONSTITUTE LEGAL ADVICE.

4. Information Submitted Through the Site.

Your submission of information through the Site is governed by Summit's Privacy Policy, which is located at http://www.summitprivacy.com/privacy.htm (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or the Services.

5. Rules of Conduct.

While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to so comply may result in termination of your access to the Site pursuant to Section 13 below.

You agree not to:

  • Post, transmit, or otherwise make available, through or in connection with the Site:
    • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
    • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
    • Any material, non-public information about a company without the proper authorization to do so.
  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity.
  • Use the Site to harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity, including without limitation any representative of Summit; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Use the Site to advertise or offer to sell or buy any goods or services without Summit's express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without Summit's express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Summit's express prior written consent.

Additionally, you acknowledge and agree that you (and not Summit) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

6. Login IDs and Passwords.

You may be issued, either directly by Summit or via the account administrator designated by your employer pursuant to an agreement between your employer and Summit, a login ID and password for you to access the Site and Services. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your login ID or password, or lend or otherwise transfer your use of or access to the Site, to any third party; provided, however, that you may share your login ID and password with one (1) administrative assistant who works in the same physical office space as you, but only for non-concurrent use of the Site in conformance with all other terms and conditions herein. You are fully responsible for all interaction with the Site that occurs in connection with your login ID or password. You agree to immediately notify Summit of any unauthorized use of your login ID or password or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

7. Monitoring.

You acknowledge and agree that Summit has the right (but has no obligation) to do one or both of the following in Summit’s sole discretion: (a) monitor access to the Site and/or (b) disclose any circumstances surrounding such access to any third party in order to operate the Site; to protect Summit and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

8. Summit’s Proprietary Rights.

The Services, the information and materials made available through the Site, are and shall remain the property of Summit and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You acknowledge and agree that Summit owns a copyright interest in the entire contents of the Site in the aggregate as a collective work under applicable copyright laws. The collective work includes works that are licensed to Summit by third parties. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Summit to access and use the Site, you may download and view the materials available on the Site solely as permitted under, and in accordance with the terms of conditions of, the agreement between your employer and Summit relating to your employer’s (and/or its employees’) access to and/or use of the Site, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as otherwise expressly authorized in writing in advance by Summit, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any Services, all or any part of the Site, or any materials made available through the Site.

Summit’s trade names, trademarks and service marks include without limitation “SummitPrivacy.com," "Summit," and any associated logos. All trademarks and service marks on the Site not owned by Summit are the property of their respective owners. The trade names, trademarks and service marks owned by Summit, whether registered or unregistered, may not be used in connection with any product or service that is not Summit’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Summit trade names, trademarks or service marks without our express prior written consent.

9. Third Party Web Sites; Links.

The Site may provide links to other web sites and online resources. Because Summit has no control over such sites and resources, you acknowledge and agree that Summit and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external sites or resources, do not endorse and are neither responsible nor liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Summit and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and is not and shall not be responsible or liable for, any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Summit shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

10. Disclaimer of Warranties.

THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICES) AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT (A) YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE, AND (B) THE SITE AND ANY SERVICES ARE NOT A SUBSTITUTE FOR SEEKING LEGAL ADVICE FROM AN EXPERIENCED PRIVATE LAWYER. SUMMIT AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (Y) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED OR MADE AVAILABLE THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND (Z) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS, INACCURACIES, INCOMPLETENESS, UNTIMELINESS, DEFECTS, LACK OF SECURITY, OMISSIONS OR ANY OTHER PROBLEMS IN THE SITE OR THE SERVICES.

11. Limitations of Liability.

SUMMIT AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, SUMMIT AND AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY SUMMIT OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SUMMIT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN A SIX (6) MONTH PERIOD, IF ANY, TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at subscriberservices@summitprivacy.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

12. Indemnity.

You agree to defend, indemnify and hold harmless Summit and the Affiliated Entities, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and other users from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or through your account; or (c) use of any of the content or materials made available on or through the Site and/or the Services in a manner that infringes the intellectual property rights of Summit.

13. Termination.

This Agreement is effective until terminated. You agree that Summit, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation upon termination of the agreement between your employer and Summit relating to your employer’s (and/or its employees’) access to and/or use of the Site, or if Summit believes or suspects that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Summit may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Summit shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 3 (last sentence only), 8 (other than the license granted therein) and 9-17 shall survive any expiration or termination of the Agreement.

14. Arbitration.

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be resolved by a single arbitrator pursuant to binding arbitration administered by JAMS in accordance with the JAMS rules and procedures. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in San Francisco, California, USA. The arbitrator's decision shall be construed in accordance with the laws of the State of California without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be entered, confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Summit from seeking injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you hereby agree to exclusive jurisdiction by the federal and state courts located in San Francisco, California, USA and waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. Miscellaneous.

This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Summit. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Summit reserves the right to assign its rights and obligations under this Agreement in its sole discretion. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Summit relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Summit relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Summit’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Summit will not be responsible for failures to fulfill any obligations due to causes beyond its control.

16. Filtering.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Summit does not endorse any of the products or services listed at such sites.

17. Information or Complaints.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to subscriberservices@summitprivacy.com. You may also contact us by writing to Summit Privacy Resources, LLC, 425 Market Street, Suite 3200, San Francisco, California, 94105-2482, or by calling us at (415) 268-5139. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Contact Us.

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to subscriberservices@summitprivacy.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with Summit.

Copyright 2009 Summit Privacy Resources, LLC. All rights reserved.