Summit Performance Associates, Inc, together with its affiliated companies, directors, officers and employees (herein referred to as “Summit”, “we”, “us”, and/or “our”) operate this website and the pages thereof as well as related websites (collectively, the “Website”) in order to provide information about and/or to deliver products and services offered by Summit . We require all users and viewers of our Website to agree to the terms of this Agreement as a condition to accessing or using our Website.
PLEASE READ THESE TERMS & CONDITIONS (the “Agreement”) CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AS THESE TERMS & CONDITIONS GOVERN YOUR USE OF THIS WEBSITE.
BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USING AND ACCESSING THIS WEBSITE.
YOU FUTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. We may modify this agreement at any time and from time to time in our sole discretion without notice to you. You should periodically review this agreement carefully in order to make sure that you are aware of the most current terms and conditions for the use of our website. Any use or viewing of our website by you after any change to this agreement, whether or not you have reviewed the amended agreement, constitutes your acceptance of the agreement as changed. We may discontinue the operation, maintenance or provision of this website, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.
Disclosures and Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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 NONINFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. YOU MAY HAVE CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
The information provided on the website is for general educational and entertainment purposes only and should not be considered an individualized recommendation or personalized investment or financial advice, nor should the information provided herein be considered legal, tax, accounting, counseling or therapeutic advice of any kind. No Summit officer, director or employee is acting as a legal, financial or tax advisor or fiduciary in publishing any information available at our website. You should consult a qualified advisor in the event you should need legal, tax, accounting advice.
The website includes opinions of the author(s), is subject to change without notice, and may not reflect the views of the firm as a whole. No material on this website is intended to be relied upon as a forecast, research, or investment advice regarding a particular investment or the markets in general, nor is it intended to predict or depict performance of any investment or personal strategy. Always consult a financial advisor to determine what investment strategy might be best for you and consult other professionals as appropriate.
The website is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and the particular needs of any specific person. Any examples or characters mentioned herein are hypothetical in nature, purely fictitious, and do not reflect any actual persons living or dead. Summit makes no representations, whether express or implied, as to any expected outcome based on any of the information presented herein. Users assume all responsibilities for the use of these materials. Summit accepts no liability whatsoever for any direct, indirect or consequential damages or losses arising from any use of this website or its contents.
You agree that we will not be liable to you or any third party for any harms, injuries or claims, which lawyers and courts often call 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 we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting from (i) the use of or the inability to use the website, (ii) the cost of obtaining substitute goods and services resulting from any products, data, information or services purchased or obtained, or messages received, or transactions entered into, through or from the website, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any other person using or accessing our website, (v) any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus or system failure or any other matter relating to the website or your use of the website. Except when caused by our intentional misconduct or wantonness, you agree to indemnify, protect and fully compensate us and our service providers and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the website, your violation of this agreement or your infringement of any intellectual property or other right of any person or entity.
These disclosures and disclaimers apply to all information on our website whether or not expressly or separately stated on each individual page or document.
Notice of Our Intellectual Property Rights
We maintain the right to correct any typographical errors and not honor any offers which are the result of such errors.
You are responsible for protecting the security of any passwords or other confidential or personal information you use in connection with our Website and the security and integrity of any information you download from our Website.
We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website. However, we advise you to exercise caution when sending us e-mail through the Internet (for example, to email@example.com or to another Summit Internet e-mail address) as such transmissions may not be secure. For example, e-mail may be intercepted by a third party or may not be immediately received by the designated recipient. Please do not use e-mail to send us confidential or privileged information (such as account numbers, personal identifying information, such as social security numbers, or financial information), information that may need our immediate attention (such as orders to buy or sell securities), or information we have required you to send us in a signed writing or by other express means. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure e-mail or as a result of your use of e-mail for the transmission of, or our failure to respond to e-mail that includes, information that we have required you submit through another express means or medium. Please be aware that when you receive a message acknowledging your e-mail, it means that your e-mail has been routed into the Internet and not that the message has been received by us. You are welcome to contact us by email at firstname.lastname@example.org.
You acknowledge and agree that when you submit any information to us through our Website you are submitting such information to all of the Summit Companies collectively and that such information may be disclosed and transferred among such companies and their respective agents and/or service providers.
We remind you to be cautious when browsing on the Internet and to use good judgment and discretion when obtaining or transmitting information. We recommend you use appropriate safeguards to protect the security of your Internet connection and update security measures as appropriate.
Permitted and Non-Permitted Uses
You may view, download for caching purposes only, and print pages from this Website only for general informational purposes and your own personal use, subject to the Disclosures and Disclaimers above and the restrictions set forth below:
You acknowledge that Summit provides no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
The Website contains material which is owned by us, except where noted. This material includes, but is not limited to, intellectual property (registered marks, trademarks and copyrighted materials), as well as the design, layout, look, appearance and graphics that make up the Website. Reproduction or use of these materials without our express written permission is prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, are either the property of Summit or other trademark holders.
Unauthorized or unintended use of the Website or intentional harm to the Website (e.g., “hacking” private information or “hijacking”) may give rise to a claim for civil damages and/or be a criminal offense.
You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, fraudulent, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website, and you agree not to disable any technology required or utilized to serve or display such advertising.
Different products, features and services available at or through our Website, and/or different pages or sections of our Website, may be subject to separate terms and conditions in addition to the terms of this Agreement. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section. This Agreement is not intended to affect or amend any agreement or contract between you and any Summit company for the provision of a particular financial product or service, and our relationship with you as to such particular financial product or service shall be governed by the written terms of the agreement or contract contemplating such financial product or service. If you should link to or access a separate website maintained by any of the Summit companies, you should review and will be subject to any terms and conditions applicable to the use of that particular website.
You acknowledge and agree that nothing on our Website is intended as a legal offer, solicitation or recommendation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.
You understand that any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third Party Site”) are provided strictly for your convenience and may be accessed solely at your own risk. If you click a link for a Third Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. Summit is not responsible for the collection, use or security of information by companies or organizations outside of Summit that may be linked to our websites. Any opinions or recommendations expressed therein are solely those of the third party information providers and are not the opinions or recommendations of Summit and do not constitute an endorsement by any Third Party of Summit. Under no circumstances should the information be construed as an offer to sell or solicitation of an offer to buy a particular security. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third Party Site, (ii) do not endorse or guarantee the products, information, or recommendations provided by any Third Party Site, and (iii) are not liable for any failure of the products or services advertised on or provided by any Third Party Site. The privacy and information-sharing and security policies and procedures of Third Party Sites are distinct from those of Summit, and a Third Party Site may not be as secure as our Website.
Any content or data downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. Further, you agree that any such information will be used for non-commercial, personal use only, and that you will retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post any content for public or commercial purposes. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. Every effort is made to keep the website up and running smoothly. However, Summit takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
Access to certain areas of Website is restricted. Unauthorized access to restricted areas of the Website is expressly prohibited and may give rise to civil and/or criminal penalties. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of Website or other content or services, you must ensure that that user ID and password are kept confidential. You must inform us as soon as possible if you believe the security of your ID or password has or may have been compromised. We reserve the right to disable your user ID and password in our sole discretion without notice or explanation.
In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Website for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Website or a third party (in each case under any applicable law).
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH US CONCERNING THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. Any and all claims relating to the use of the Website shall be limited to and not exceed the amount of service fees, if any, that you paid us during a one-year period for the specific service at issue. To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost date, loss of goodwill, work stoppage, computer failure or malfunction, or any other damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion of the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability and the liability of our suppliers shall be limited to the extent permitted by law.
Your right to use the Website automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to discontinue the Website or terminate your access to all or part of the Website, for any reason, with or without notice.
Modification and Enforcement of this Agreement
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law’s provisions or your actual state or country of residence, and applicable federal law. For purposes of any action or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Georgia, and agree that we, in our discretion, may require that Atlanta, Georgia, be the venue for any legal proceedings arising out of or related to this Agreement. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper. In the event that you should have any claim or cause of action against us arising out of your use of the Website, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred.
Notice. Any notices we may send to you will be sent to the email if we have your email address. Notice will be presumed to be received when sent.
We may assign our rights and responsibilities hereunder without notice to you. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms may change from time to time. You are bound by the Terms in force at the time you use the Software.
These Terms constitute the entire agreement between you and Summit.
This policy was last updated in December 1, 2015.
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