LAST UPDATED: 06/28/23
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Welcome to Summit One Vanderbilt. These Website Terms and Conditions (the “Agreement”) set forth a legally binding agreement between you and Summit Ova Tenant LLC and its affiliates (collectively “Summit,” “we,” “us,” or “our”) governing your use and access to www.summitov.com, other websites, online or mobile services, properties, or applications that link to this Agreement, as well as the services and features offered therein (collectively, the “Site”). By continuing to use the Site and its features, you accept and agree to all the provisions of this Agreement and agree that such use is legally sufficient consideration under this Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any company, corporation, or other entity with which you are associated (“Organization”), by using this Site you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. If you do not accept this Agreement, you are not authorized to use this Site or its features.
YOUR CONTINUED USE OF THIS SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE.
CONTINUED ACCESS AND USE OF ANY SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
We are committed to making the Site accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Site, please contact us.
We recommend that you print a copy of this Agreement for your records and future reference.
1. PERMITTED USES OF THE SITE AND PROHIBITIONS.
While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
Summit may, in its sole discretion, change, delete, remove, or suspend any portion of the Site, or the entire Site, without notice to you and without any liability whatsoever.
In the event we learn or reasonably suspect that you, or others under your control or direction, have breached this Agreement, we may block, suspend, terminate, or withhold your access to the Site as we deem appropriate in our sole discretion to protect Summit and its business partners, affiliates, and other users of this Site.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content (defined below) from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
2. OUR INTELLECTUAL PROPERTY RIGHTS.
All content appearing in or on the Site, including without limitation all Site coding and software, Site architecture and layout, text, logos, names, trade names, trademarks, service marks, trade dress, characters, interfaces, sounds, videos, images, graphics, icons, designs, databases, database compilations, photographs and screen displays, belong to Summit or its partners or licensors (collectively with the foregoing sentence, the “Content”). Such Content may be protected by copyright, patent, trademark, and other proprietary rights and laws, and various treaties and international conventions relating to such rights. This includes the entire Content of the Site, copyrighted and protected as a collective work. Except as stated herein, no right, title or interest in any Content contained in this Site is transferred to you as a result of your use of the Site and all such rights are reserved to Summit and/or its licensors. Except as set forth below, the use of any Content available on the Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Site and their Content for personal, informational, and booking/shopping purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement, and retain the same solely for as long as you continue to be permitted to access the Site. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact; (2) use such Content pursuant to any licenses associated with such Content; (3) not copy or post such Content on any networked computer or broadcast it in any media; (4) make no modifications to any such Content; and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Site or the Content.
Certain trademarks and company names that appear on the Site are trademarks or service marks of third parties with whom Summit has an affiliate or business relationship. None of these trademarks or service marks may be used without receiving the prior express written permission of the owners of such trademarks or the service marks.
3. COPYRIGHT INFRINGEMENT.
If you believe that material or content residing on or accessible through the website infringes your copyright, you may request that such material or content be removed by sending a written or electronic communication that includes all of the following pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):
Written or electronic notice of copyright infringement should be emailed to Summit’s designated agent at email@example.com.
Pursuant to Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
4. HARDWARE AND SITE ACCESS
Certain features of the Site are best experienced or enhanced if your computer is properly enabled and you use certain tools and shortcuts in accordance with our Accessible Design Practices. You are solely responsible for using browsers, computer hardware and software that are compatible with the Site, and for your own Internet connections and bandwidth, including any dial-up, DSL, cable modem, fiber optic or other form of Internet access. You are solely responsible for any fees or charges that the providers of such services assess.
The Site may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third-party.
6. CONSENT TO COMMUNICATION.
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may send notices to you, at your option, with respect to your account preferences and profile, changes to the Site, new features on the Site or your use of any of the Services, by sending an email message to the email address listed in your Account. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. You agree that we may provide agreements, disclosures, notices, and other communications to you through such means, which electronically satisfy any legal requirement that such communications be in writing. Unless otherwise indicated in such notices, the notices will become effective immediately.
Our Site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. IN ORDER TO REGISTER ON THE SITE, YOU MUST BE AT LEAST FOURTEEN (14) YEARS OF AGE. By registering for an Account, you warrant and represent that you are at least 14 years of age and that you understand the terms of this Agreement. If you are under the age of 14, you may not establish an account with us and should use our Site only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, the Site or sections of our Site, as well as promotions, programs and commerce we may offer on the Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Site or certain sections or features of our Site, you should not attempt to do so.
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 services that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.
8. WARRANTY DISCLAIMERS.
SUMMIT PROVIDES THE SITE AND CONTENT “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. SUMMIT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUMMIT DOES NOT GUARANTEE UNINTERRUPTED, CONTINUOUS OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERRUPTED BY VARIOUS FACTORS OUTSIDE OF OUR CONTROL. SUMMIT MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, DAMAGE, DESTRUCTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY BREACHES. YOUR USE OF THE SITE , INCLUDING DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE, IS DONE AT YOUR OWN RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SUMMIT DOES NOT WARRANT THE ACCURACY OR CONTINUED AVAILABILITY AND ACCESSIBILITY OF DATA OR INFORMATION AVAILABLE THROUGH THE SITE. SUMMIT SHALL HAVE NO LIABILITY FOR ANY SUCH DATA OR INFORMATION OR ANY USE YOU MAY MAKE OF SUCH DATA AND INFORMATION. FURTHER, SUMMIT IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY ANY THIRD-PARTY OR ANY USERS OF THE SITE. ANY DATA OR OTHER INFORMATION FOUND WITHIN THE SITE IS USED BY YOU SOLELY AT YOUR OWN RISK. SITE CONTENT AND TICKETING OPTIONS ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Before completing any order via the Site, please carefully review your selection.
Except as expressly stated in writing by Summit, all ticket sales are final and there will be no refunds provided to guests for any reason, including due to weather conditions or waiting times. Please review our Ticket Terms & Conditions Policies for additional information. The terms of the Ticket Terms & Conditions Policies are incorporated into, and considered part of, this Agreement.
10. SOCIAL MEDIA SITES.
In certain instances, you may be able to connect and/or link to a Summit social media site including but not limited to Summit’s Facebook Page and Groups, Twitter account, Google My Business Page, YouTube, Pinterest, TikTok, Snapchat, and Instagram (“Social Media Sites”).
11. LINKS; THIRD-PARTY CONTENT.
Summit may provide third-party content (including advertisements) on the Site. Summit does not endorse or evaluate third-party content, and Summit does not assume responsibility for third-parties’ actions, submissions, or omissions. Further, Summit does not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer, statement, or other third-party content on our Site. We have no obligation to monitor Submitted Material or third-party content. You agree that Summit will not be liable for Submitted Material or third-party content or any loss or damage resulting therefrom.
Websites operated by persons or entities other than Summit may contain hyperlinks to this website. You agree not to hold Summit responsible for the content or operation of such third-party websites. A hyperlink to this website on another website does not imply or mean that Summit endorses either the content of the website containing the hyperlink to this website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites which might link to this website. We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access a video on our website, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, SUBMITTED MATERIAL, INFORMATION, DATA, DATA DELIVERY TECHNOLOGIES, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
12. PROMOTIONS; SUMMIT ONE INSIDER PROGRAM.
This Site and/or Summit’s Social Media Sites may contain sweepstakes, contests, or other promotions that require you to send material or information about yourself. This includes our SUMMIT One Insider Program, a newsletter that provides general information about Summit, the SUMMIT One Vanderbilt venue, and upcoming programs. In some cases, SUMMIT One Insider also grants you access to priority tickets, exclusive giveaways, and promotions. You may unsubscribe from the SUMMIT One Insider Program at any time by clicking “unsubscribe” at the bottom of our email newsletter.
Please note that sweepstakes, contests, or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
13. SUBMITTED MATERIALS.
Unless specifically requested, Summit does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via the contact email(s) made available on the Site).
You further agree, represent, and warrant that any Submitted Material you post on the Site or our Social Media Site pages or transmit through our Site or our Social Media Site pages is truthful, accurate, not misleading and offered in good faith, that you have the right (including rights of privacy and rights of publicity) to submit the Submitted Material, and that you authorize Summit to use Submitted Material as permitted by the license in this section, that the Submitted Material does not violate the rights of any other person or entity, and that your Submitted Material does not contain the confidential or proprietary information of any third-party or parties. You shall not upload, post, or otherwise make available on or through the Site any Submitted Material protected by copyright, trademark, or other proprietary right of any third-party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such Submitted Material. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
PLEASE DO NOT POST OR SEND US ANY SUBMITTED MATERIAL, IDEAS, SUGGESTIONS, OR OTHER SUBMITTED MATERIAL THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other Submitted Material to us, you agree that: (a) we are free to use such Submitted material for any purpose; (b) such Submitted Material will be deemed not to be confidential or proprietary; (c) we may have something similar already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep Submitted Material confidential unless explicitly stated.
a. INTERACTIVE CHAT.
We may provide access to WiFi connections or similar network connections to you (“WiFi”). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the WiFi and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the WiFi.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.
Our Site may allow you to register for accounts specific to you for ordering, interacting, and other purposes (“Account”).
In general, you are not obligated to register for an Account in order to access the Site. However, we may authorize you to register for an Account based on certain conditions (“Registered User”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Account on the Site at any given time and you may not allow other people to use your Account to access the Site.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Site and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
d. DESCRIPTIONS, TESTIMONIALS, OPINIONS.
The Site may feature reviews, opinions, or testimonials, all of which is Submitted Material. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the Submitted Material. Descriptions and graphic representations on the Site are for informational purposes only and may not completely reflect the current services we offer. We reserve the right to change service descriptions at any time.
14. OTHER POLICIES.
This Agreement applies exclusively to your access to, and use of, the Site, and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional terms may apply to your access to, and use of, the Site and to the purchase of certain merchandise or services and are included as part of this Agreement whether they reference this Agreement or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
Other policies and agreements are typically found by navigating the Site, typically by the Site headers and footers and by reviewing hyperlinked terms at the point of sale.
Should we employ you, none of the materials provided on our website constitute or should be considered part or of an employment contract or an offer for employment.
15. LIMITATIONS OF LIABILITY.
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES THAT ARISE FROM OR RELATE TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. THE RELEASED PARTIES SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY LOSS OF DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER SUMMIT KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE.
THE RELEASED PARTIES ARE NOT LIABLE FOR ANY ERRORS IN THE SITE, OR ANY OTHER FAILURE TO PERFORM THAT IS CAUSED BY ACTS OF GOD AND OTHER EVENTS BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, POWER FAILURES OR BROWNOUTS, TRANSMISSION FAILURES, SERVER FAILURES, THIRD-PARTY DENIAL OF SERVICE ATTACKS, VIRUSES, SOFTWARE AND OTHER TECHNICAL PROBLEMS, INABILITY TO ACCESS THE SITE, OR ANY FAILURE, DELAY OR ERROR IN SENDING OR RECEIVING ANY INFORMATION OR DATA ON OR THROUGH THE SITE. THE RELEASED PARTIES ALSO ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE SITE BY YOU OR OTHER THIRD PARTIES, OR ACTS, OMISSIONS, CONDUCT INFORMATION PROVIDED BY YOU OR OTHER THIRD PARTIES TO SUMMIT THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ALL CASES, AND WITHOUT LIMITING ANY OF THE FOREGOING LIMITATIONS, THE AGGREGATE, TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU UNDER THIS AGREEMENT FOR ACTUAL, DIRECT DAMAGES (WHETHER ARISING IN TORT, NEGLIGENCE OR OTHERWISE) WILL NOT EXCEED THE SUM OF $100 OR ANY LARGER AMOUNT PAID BY YOU THROUGH THE SITE.
You agree to defend, indemnify and hold harmless the Released Parties and their affiliates, officers, directors, employees, agents, shareholders, successors, assigns, and contractors from and against any and all actual or alleged liabilities, claims or demands, suits, actions, judgments, losses, and any resulting damages and expenses (including attorneys‛ fees and costs), that may arise out of, relate to or otherwise concern any of the terms of this Agreement or your use and activities in connection with the Site, including without limitation any breach of this Agreement by you, or any employees or agents of any entity on whose behalf you use this Site, any breach of any representation or warranty given by you, or the Content or other information you provide to us through the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. DISPUTES, ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE
No Class Actions: YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and us shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Severance of Arbitration Agreement: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
18. TERMS FOR USERS IN CERTAIN GEOGRAPHIC REGIONS.
a. NEW JERSEY RESIDENTS.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
b. CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: 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. If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
c. INTERNATIONAL RESIDENTS.
WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS OR SERVICES IDENTIFIED ON THE SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you access this website from outside the United States you are responsible for compliance with local laws. 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.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. 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. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Summit Ova Tenant LLC, 420 Lexington Ave, Suite #2440, New York, NY 10170, Attention: General Counsel.
19. UPDATES TO THIS AGREEMENT.
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of the Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
The Site and this Agreement are in effect until terminated by you or by Summit. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (a) you must destroy all Content obtained from the Site and all copies thereof; (b) you will immediately cease all use of and access to the Site; (c) we may delete or disable access to any of your Submitted Material at any time; and (d) we may delete your Account at any time. You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify, defend, and hold us harmless from any and all liability that we may incur therefore. Your use of the Site after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement or of your Account or access to the Site, any Submitted Material you have posted or submitted may remain on the Site indefinitely.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement shall remain valid and enforceable to the fullest extent permitted by law.
This Agreement is for the benefit of Summit and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce such provisions directly or on its own behalf. We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
The headings in this Agreement are for reference purposes only.
This Agreement constitutes the entire agreement between you and Summit respecting the subject matter contained in this Agreement. This Agreement supersedes any and all other understandings or agreements, written or oral, regarding such subject matter. You acknowledge that you have not relied on any oral or written representations or statements of any third-party or Summit, except as expressly set forth in this Agreement. Any failure of Summit to act with respect to any breach by you or others, or to exercise or enforce any right or provision of this Agreement (a) shall not act as a waiver of any such rights or any related remedies unless such waiver is put in writing by Summit, and (b) shall not act as a waiver with respect to any subsequent or similar breaches by you.
You acknowledge that you have read this Agreement, understand, and agree to be bound by the terms of this Agreement.
22. Contact Us
If you have a question or complaint regarding the Site or this Agreement, please contact us at summitov.com/contact. You may also contact us by emailing us at email@example.com or writing to:
Summit One Vanderbilt Marketing Department
420 Lexington Avenue
New York, NY 10170
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 us.