Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Summit Control, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your SummitControl.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.
- Payment and Renewal.
- General Terms.
By signing up for service, you agree to pay Summit Control the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for service and will cover the use of that service for the monthly subscription period as indicated. Monthly subscription fees are not refundable. There are costs involved to keep your service active whether you use the service or not.
- Automatic Renewal.
Unless you notify Summit Control before the end of the applicable subscription period that you want to cancel this Agreement, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fees using any credit card or other payment mechanism we have on record for you. Your payment method can be updated at any time through your administrator panel at summitcontrol.com/admin.
- General Terms.
- Intellectual Property. This Agreement does not transfer from Summit Control to you any Summit Control or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Summit Control. Summit Control, SummitControl.com, the SummitControl.com logo, and all other trademarks, service marks, graphics and logos used in connection with SummitControl.com, or the Website are trademarks or registered trademarks of Summit Control or Summit Control’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Summit Control or third-party trademarks.
- Changes. Summit Control reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Summit Control may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Summit Control may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SummitControl.com account (if you have one), you must give 30 days notice to cancel your service. You agree to provide us with accurate and complete billing information through your Administrator account at summitcontrol.com/admin and to report all changes within 30 days of the change. Summit Control will not refund service charges due to lack of use. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Summit Control and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Summit Control nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Summit Control, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Summit Control under this agreement during the twelve (12) month period prior to the cause of action. Summit Control shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Summit Control, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Summit Control and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Summit Control, or by the posting by Summit Control of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dallas, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Summit Control may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.