- Acceptance of Agreement.
Summation operates www.summationx.com on behalf of itself and/or in conjunction with third parties (collectively, the “Site”). The services and content that Summation provides to you via the Site or via a mobile application store (collectively, the “Content”) are subject to this Agreement as well as any other terms or rules that we may post on the Site and/or present as part of any such service or platform offering. Any and all such additional terms and rules are incorporated into this Agreement by this reference. Please read this Agreement carefully as it affects your legal rights and obligations.
Your use of the Site and the Content is subject to your acceptance of and compliance with this Agreement. By using the Site and/or the Content, you accept and agree to be bound by the terms of this Agreement. If you do not accept this Agreement, you should not use (and you have no right to use) the Site or Content, and you should cease any use immediately. By using the Site or any Content, you represent to us that you are at least 18 years old. Use of the Site or any Content by children under the age of 18 years is prohibited, unless an area of the Site specifically states otherwise.
- Description of Content; Disclaimer.
Summation’s platform allows users to, among other things, access blog content, sign up for insider content by setting up and account, sign up for and participate in online or in-person training courses as they are made available for access, download or sale, and explore consulting services that may be available and request an interview by submitting email and phone number contact information.
Summation makes no representations or warranties regarding to the timeliness of the information, nor can we guarantee that the information shared will apply to every reader or user.
Using the Site or Content does not create an employer-employee, principal-agent, joint-venture, franchise, partnership or independent contractor relationship of any type between you and Summation.
- Listing; Payment to Summation.
Summation requires payment for establishing and maintaining a user account and for use of the Content. The current fees related to establishing a user account and use of the Content provided by Summation can be found here.
Summation has engaged PayPal to manage all financial transactions related to the Site and Content and to tender all payments between users of the Site and Content and Summation. Summation makes no representations or warranties regarding services rendered by PayPal and shall assume no liability for damages arising from or related to transactions using PayPal payment services. By using PayPal payment services, the User agrees to be bound by the terms and conditions imposed by PayPal.
Summation may from time to time offer services ancillary to those described above. Should you elect to utilize those services, you agree to pay for and be bound by any terms and conditions associated with such services. Any such terms are hereby incorporated into this Agreement by this reference. You are solely responsible for paying all fees and applicable taxes associated with the services and Content provided to you in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Using the Site or Content and circumventing Summation or otherwise failing to pay according to the applicable terms is strictly prohibited. In the event you utilize the Content but fail to pay Summation according to the terms listed above or specified on the Site at the time of posting or using the Content, Summation, in its sole discretion, may immediately terminate your user account and refuse access to the Site and Content without any liability to Summation.
- Use Rights and Limitations.
5.1 License Grant. So long as you comply with the terms of this Agreement and pay all applicable fees, Summation hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to use the Site and Content subject to the terms of this Agreement, and to use, download, install on your personal computer(s) or personal mobile device(s) any Content offered that may be downloadable only in accordance with the terms of this Agreement and the documentation and/or use instructions that accompany the Content or other features on the Site and only in connection with authorized use of the Content and/or the Site. The Content is protected by copyright and other intellectual property laws and Summation or its licensors own all right, title and interest therein. Except as expressly stated in this Agreement or a third-party agreement, no ownership right or license is granted under any patent, trademark, copyright, or any other intellectual property or proprietary right of Summation or any third party by reason of using the Site or the Content.
5.2 Limitations on Use of the Site and Content. Unless as otherwise specifically stated in this Agreement or as agreed upon in writing between you and Summation, you may not, and you agree not to:
(a) collect or use, in any manner and for any reason not specifically associated with your permitted use of the Site or the Content under the terms of this Agreement, any information or descriptions on the Site or related to the Content;
(b) “frame” or use inclusion techniques to enclose any Summation trademark, logo, Content, or other content on the Site within another Web site or within any other digital content;
(c) use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Site or Content;
(d) distribute, modify, license, resell, or make any commercial use of the Site, Content or any content on the Site apart from using the Site and Content for their intended uses;
(e) use the Site or Content in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that you use or modify in connection with the Site or Content;
(f) attempt to gain unauthorized access to the Site or Content by any means, including hacking or password mining;
(g) use the Site or Content for any purpose that is unlawful or prohibited by this Agreement; or
(h) use the Site or Content in any way that could damage or overburden the Site or Content and interfere with any Summation server or networking equipment, Summation’s provision of the Site or Content, or any user’s use or enjoyment of the Site or Content.
5.4 Limitations on User-Submitted Content. When you use the Site or any of the Content, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any user-submitted content that:
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
(b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary licenses and consent;
(c) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;
(d) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
(e) is sent via unsolicited emails, if such email could reasonably be expected to provoke complaints from its recipients;
(f) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
(g) violates any applicable local, state, national or international law.
- Password and Account Access.
If you use any part of the Site or Content that requires a user name or password, you agree to provide us with complete, accurate and current registration information as prompted by the Site. You are solely responsible for maintaining the confidentiality and security of your account, password and computer and phone equipment. You agree to notify Summation immediately if you learn that the security of your account is compromised. Summation reserves the right to take any action that it deems necessary or reasonable to ensure the security of the Site or your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Summation may rely on the authority of anyone accessing your account or using your password. Summation will not be liable to you for any action or inaction of Summation under this “Password and Account Access” provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password. On the other hand, you may be liable for losses incurred by Summation as a result of someone else using your account.
All content and copyrighted and copyrightable materials on the Site, including, without limitation, the text, graphics, pictures, videos, sound files and other files, design, compilation, Summation logo, and the selection, arrangement, organization and magnetic translation thereof (“Materials”) are the property of Summation or its third-party licensors and are protected by United States and international copyright laws. Summation or its third-party licensors own all right, title and interest in and to the Materials, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Materials. None of the Materials may be copied, in whole or in part, without express written permission by the copyright holder, and all rights are expressly reserved.
All company and product names and logos of Summation, including without limitation SUMMATION X, the Summation logo, all Summation domain names, and all other marks and logos included on the Site (“Marks”) are registered trademarks or trademarks of Summation or its customers or licensors, and may not be copied, imitated or used as trademarks or otherwise, in whole or in part, without the express prior written permission of Summation or its customers or licensors, as applicable. All rights are expressly reserved, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to any of the Marks.
- Third Party Links.
Except to the limited extent expressly provided in this Agreement, Summation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of Summation and Summation is not responsible for the content of any such linked Web site. Summation is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Summation of the Web site or any information contained therein. Summation is not responsible or liable, directly or indirectly, for any damage or loss caused to you by or in connection with such third-party Web sites. When leaving the Summation Site, you should be aware that Summation’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
- Your Representations and Warranties.
14.1 Requisite Authority. You hereby represent and warrant that you have all requisite power and authority to enter into this Agreement and perform your obligations under this Agreement on behalf of yourself individually or the company you represent, as the case may be.
14.2 No Unlawful Purpose. You hereby represent and warrant that you will comply with the terms of this Agreement and will not use the Site or Content for any purpose that is unlawful or prohibited by this Agreement. You further represent and warrant that, in using the Site and Content, you will comply with all applicable laws and regulations, including, but not limited to, those relating to patient information, taxes, wages and labor.
14.3 User-Submitted Content. By creating a profile or posting user-submitted content, you represent and warrant that all content you submit on the Site or as part of the Content is authentic, accurate, complete and not misleading. You further represent and warrant that, by posting user-submitted content, you own or otherwise control all of the rights to your user-submitted content as described in this Agreement including, without limitation, all the rights necessary for you to post the user-submitted content. You also represent and warrant that, with regard to any items that contain images, photographs, or pictures, each copyright owner and each person depicted in such images, photographs or pictures has provided consent to the use of the images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such images.
- Indemnification and Release.
You hereby release, and shall defend, indemnify, and hold harmless, Summation and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Content or Site; (ii) any violation or breach of this Agreement, or (iii) the infringement by you, or any other user of your username or account, of any intellectual property or right of any person or entity.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUMMATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUMMATION DOES NOT WARRANT THAT THE SITE, THE CONTENT, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY EMAIL SENT BY SUMMATION, IS ACCURATE, COMPLETE, RELIABLE, TIMELY, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. SUMMATION, ON BEHALF OF ITSELF AND ITS LICENSORS, MAKES NO WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO THE SITE, CONTENT, ANY CONTENT, OR ANY OTHER MATERIAL.
- Limitation of liability.
SUMMATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF THE SITE OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR CONTENT.
Without limiting the foregoing, Summation recommends that you not use the Site or Content during automobile driving or other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk.
Summation will not have any liability to you for usage or other charges related to any device that you use to access the Site or Content, including, without limitation, usage charges for mobile phones and devices, tablets, car navigation systems, pagers, and other devices, whether wireless, wireline, internet-enabled or otherwise.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations in this Agreement may not apply to you, and you might have additional rights.
- Interim Designation of Agent to Receive Notification of Claimed Infringement Pursuant to 17 U.S.C. 512 (c)(2).
Summation respects the intellectual property of others. If you believe that your work has been copied and has been posted to the Site or Content in a way that constitutes copyright infringement, please send a claim to Summation’ Copyright Agent as follows:
ATTN: Copyright Agent
Summation X, LLC
9323 N Government Way #290
Hayden, ID 83835
The content of your claim should include the following written information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving a claim of copyright infringement, Summation may, at its sole discretion, immediately remove any materials that are the subject of the claim without providing prior notice to the user responsible for such materials. Summation may, at its sole discretion, decide to restore any removed materials depending on the specific facts of a given situation.
- Notice and Procedure for Making Other Intellectual Property Infringement Claims.
If you believe that your trademark, patent or other intellectual property other than copyright has been infringed by a user of the Site or Content arising out of that user’s use of the Site or Content, please provide Summation the following written information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(b) A description of the intellectual property right that you claim has been infringed, including any registration numbers;
(c) A description of where the material that you claim is infringing is located on the Site, including all information necessary for us to identify and reproduce the alleged infringement;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner’s behalf.
- Term and Termination.
This Agreement shall commence on the date you begin using the Site or Content and shall remain in effect for the duration of such use. This Agreement may be terminated at any time by Summation for any reason or for no reason. If you do not agree to the terms and obligations of this Agreement, you must immediately discontinue your use of the Site or Content, and you may not use (and have no right to use) the Site or the Content unless and until you acknowledge your consent to be bound by this Agreement.
- Governing Law; Mandatory Arbitration; Class Action Waiver.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO ITS CONFLICTS OF LAW STATUTES, REGULATATIONS AND PRINCIPLES. YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, THE SITE OR THE CONTENT WILL BE SUBJECT TO THE JURISDICTION OF THE APPLICABLE STATE OR FEDERAL COURTS LOCATED IN KOOTENAI COUNTY, IDAHO, USA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.
- Assignment; Successors.
This Agreement is fully assignable by Summation, but it not assignable by you. Each user of the Site or Content must individually agree to this Agreement. Notwithstanding the foregoing, this agreement is binding on, and is enforceable against, any of your successors or assigns.
- Entire Agreement.
This Agreement constitutes the entire agreement between the Parties with regard to the subject matter contained herein. All prior or contemporaneous agreements, written or oral, between the Parties relating any subject matter covered herein, are hereby superseded by this Agreement.
The invalidity or unenforceability of any provision within this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof. If any provision is deemed to be invalid or unenforceable, an arbitrator or court, as the case may be, shall make efforts to enforce the remainder of this Agreement to the maximum extent possible.
- Independent Counsel; Interpretation.
You acknowledge that this Agreement was drafted by counsel for Summation. You represent that you have sought independent legal advice or have waived such right after being given adequate time to seek such advice. This Agreement shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.