Acceptance Of Terms These Terms of Use (“Terms”) are an agreement between you and The Summit Charitable Foundation, Inc. (the “Foundation,” “we,” “us,” and “our”) that governs your use of the website located at https://www.summitfdn.org/ and any other websites, mobile applications, and online platforms operated by the Foundation where these Terms are posted (collectively, the “Sites”). By accessing or using the Sites for any purpose (except to review these Terms or our Privacy Policy), you represent that you are an adult (i.e., have reached the age of majority in the jurisdiction where you reside), have the legal capacity to enter a contract, and agree to all of the provisions of these Terms. If you are not an adult, or if you do not agree to these Terms, you are not allowed to use the Sites. If you are using the Sites on behalf of an organization, you are agreeing to these Terms for both yourself and your organization. In that case, “you” and “your” in these Terms refer to both you (individually) and your organization.
Changes To Terms We reserve the right to update these Terms at any time without notice by posting the updated Terms to the Sites. When we do, we will revise the “Effective Date” at the top of this webpage. If you continue to use the Sites after changes are made, you are agreeing to the updated Terms.
Additional Terms Some parts of the Sites may be subject to additional terms, conditions, or guidelines (“Additional Terms”), which we will present through postings, links, or similar means. Any Additional Terms are incorporated into and form part of these Terms. When we refer to the “Terms,” that means the provisions presented on this webpage as well as all Additional Terms. If there is a conflict between the provisions in this document and any Additional Terms, the Additional Terms will control.
Privacy Please review our Privacy Policy, which is incorporated into and forms part of these Terms. The Privacy Policy explains how we collect, use, and share your information. By agreeing to these Terms, you confirm that you understand and accept the practices described in our Privacy Policy.
Informational Purposes Only We provide the Sites for informational purposes only. The information on the Sites is general in nature and not intended as professional advice of any kind, including business, financial, legal, or tax advice. You are responsible for consulting appropriate professionals before acting on any information found on the Sites, and the Foundation is not liable for any decisions you make based on such information.
Ownership Of The Sites A. Foundation Content The contents of the Sites, including all text, designs, images, audio and video content, trademarks, and the selection and arrangement of those contents (collectively, the “Foundation Content”) is the property of the Foundation or its licensors and may not be used in any manner without prior written permission from the content owner. Because the Foundation Content is an aspect of the Sites, references to the “Sites” includes the Foundation Content.
B. Limited License We grant you access to the Sites under a limited, non-exclusive, non-transferable, revocable license (the “License”), which is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. The Foundation reserves all right, title, and interest not expressly granted under the License.
Under the License, you may use the Sites for personal or internal organizational purposes and only as follows: you may (a) access and browse the Sites using a device you own or are authorized to use; (b) download or print Foundation Content, provided you do not modify it or remove any legal notices; and (c) install any mobile applications we make available. You may not otherwise copy, distribute, or use any Foundation Content without our prior written consent (or the consent of our licensor, if applicable). Unauthorized use of Foundation Content may violate copyright, trademark, and other laws.
Video Content; Cookies
The Sites may contain video or audiovisual content (“Video Content“). Video Content is provided to support the Foundation’s non-profit activities and enhance your experience on the Sites. The Foundation is not in the business of renting, selling, or delivering Video Content, and you acknowledge that the Foundation is not a “video tape service provider” under the Video Privacy Protection Act (“VPPA“), 18 U.S.C.A. § 2710, or similar state laws.
The Sites may also use cookies, pixels, web beacons, and similar tracking technologies (collectively, “Cookies”) that collect information about your activity on the Sites, including when you access pages containing Video Content (collectively, your “Site Activity”). Cookies may result in information about your Site Activity being transmitted to the Foundation or third parties, which may result in targeted advertisements appearing on the Sites or third-party websites or platforms (“Third-Party Sites”). You acknowledge that any such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by the Foundation under the VPPA, and you agree not to assert any claim against the Foundation based on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other law or cause of action.
Prohibited Conduct You agree not to use the Sites in any manner that:
We have the right, but not the obligation, to monitor the Sites for any purpose, including to assess user compliance with these Terms. We also reserve the right to disclose information about you or your use of the Sites as necessary to enforce these Terms, comply with applicable law or governmental requests, or respond to claims that the Sites or your activities violate the rights of others.
Disclaimer Of Warranties; Limitation Of Liability
A. Disclaimer of Warranties The Sites are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties concerning the Sites, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that (a) the Sites will meet your needs; (b) the Sites will be available without interruption or free of errors, viruses, or other harmful components; (c) Foundation Content will be accurate or reliable; or (d) errors on the Sites will be corrected. You are responsible for evaluating the accuracy, completeness, and usefulness of any information available through the Sites, and for consulting professionals as appropriate.
B. Limitation of Liability To the fullest extent permitted by law, the Foundation and its officers, employees, agents, affiliates, successors, and assigns (the “Released Parties”) will not be liable for any of the following damages arising from your use of, or inability to use, the Sites: (a) indirect, incidental, special, punitive, or consequential damages; (b) loss of profits, revenue, data, or goodwill, whether direct or indirect; or (c) damages arising from (i) causes beyond their reasonable control, (ii) the conduct of other users of the Sites, or (iii) the delay, failure, interruption, corruption, loss, or disclosure of data transmitted in connection with the Sites. In no event will the total liability of the Released Parties for any claim arising from or related to the Sites exceed $500 USD. The foregoing limitations apply to the fullest extent permitted by law.
C. Additional Rights Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, meaning that some of the foregoing disclaimers or limitations might not apply to you. To the extent such restrictions apply, the foregoing disclaimers and limitations shall apply to the greatest extent permitted by law.
Indemnification You agree to indemnify, hold harmless, and defend the Released Parties from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, related to your breach of these Terms and your violation of any law or third-party rights. You may not settle any such matter without our prior written consent. The Released Parties may, at their option, assume exclusive defense and control of any such matter, and you agree to cooperate as reasonably requested. Any such assumption of control shall not relieve your indemnification obligation.
Links To Third-Party Sites The Sites may include links to Third-Party Sites. If you follow these links, you are leaving the Sites, and these Terms and our Privacy Policy will no longer apply. The Foundation does not control or endorse any Third-Party Sites and is not responsible for their content, products, or services. You bear all risks associated with your use of any Third-Party Sites.
Disputes; Arbitration Any controversy, claim, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms (each, a “Dispute”), shall be resolved through the procedures set forth in this Section.
A. Informal Dispute Resolution Before initiating any litigation or arbitration, you and the Foundation agree to first seek an informal resolution of the Dispute. The party raising the Dispute (the “Complaining Party“) must send written notice to the other party (a “Dispute Notice“). Each Dispute Notice must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe the nature and basis of the Dispute; and (d) identify the relief sought. Each Dispute Notice is limited to a single Dispute and may not be combined with the Disputes of others.
Dispute Notices shall be sent as follows:
B. Informal Resolution Process You and the Foundation will then attempt to resolve the Dispute through informal negotiation within sixty (60) days of receipt of a valid Dispute Notice. During this informal negotiation period, you and the Foundation must participate in at least one meet-and-confer, either in person or by teleconference or videoconference, addressing only the Dispute between you and the Foundation. If you are represented by counsel, your counsel may participate, but you must also personally attend. The Foundation will participate through one or more representatives, which may include our counsel. Completion of the dispute resolution procedures in this Section (B) (the “Informal Resolution Process”) is a condition precedent to initiating any arbitration or litigation.
C. Individual Arbitration If a Dispute cannot be resolved through the Informal Resolution Process, you and the Foundation agree to resolve the Dispute exclusively through binding individual arbitration. This means that you and the Foundation each waive the right to a jury trial and the right to proceed on a class, consolidated, or representative basis. Other rights available in court, including discovery and appeal rights, may be limited in arbitration.
All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its then-current rules, as modified by these Terms, before a single arbitrator agreed upon by the parties. The location of any hearing shall be determined by the applicable JAMS rules, except that for claims of $5,000 or less, you may elect to proceed on the basis of written submissions or by teleconference or videoconference. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of these Terms, including whether any claim is arbitrable. The arbitrator’s award may be confirmed and enforced in any court of competent jurisdiction.
D. Mass Arbitration If a demand for arbitration pursuant to Section (C) is one of twenty-five (25) or more similar demands filed by parties represented by the same or coordinated counsel (a “Mass Arbitration”), the Dispute shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines and Fee Schedule (available at www.jamsadr.com/mass-arbitration-procedures). In the event of a Mass Arbitration, any disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, or the arbitrability of any claim, shall be decided by a court of competent jurisdiction.
E. Exceptions In lieu of the procedures in Sections (A)-(C), either party may (a) bring a Dispute in small claims court in the United States, provided the action remains exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; or (b) file a lawsuit to enjoin the infringement of its intellectual property rights or to seek a declaration that the other party has breached these Terms. To the extent permitted by law, any such claims must be brought and maintained on an individual basis. Choice Of Law & Forum These Terms and your use of the Sites shall be governed by the laws of the United States and the District of Columbia, without regard to conflict of laws principles. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.
Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration shall be resolved by a court located in the District of Columbia, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such matter. Termination Of These Terms These Terms will remain in effect until terminated. We may terminate these Terms or suspend your access to the Sites at any time if we believe you have breached these Terms, if we discontinue the Sites, or as necessary to comply with applicable law. You may terminate these Terms by discontinuing your use of the Sites. Upon termination or suspension, your right to access and use the Sites ceases immediately. If you voluntarily stop using the Sites and are not barred from doing so by the Foundation or applicable law, you may subsequently resume use of the Sites. If you do so, you will be deemed to have accepted the then-current version of these Terms.
All provisions that by their nature should survive termination will remain in effect, including those relating to privacy, intellectual property (excluding the License), disclaimers, limitations of liability, indemnification, and dispute resolution.
Miscellaneous In these Terms, “including” means “including without limitation,” and the word “or” is not exclusive. Headings are for convenience only and do not affect the interpretation of these Terms. If any provision of these Terms is found to be unenforceable, the remainder of these Terms shall remain in full force and effect. The failure of either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; however, we may assign or transfer our rights or obligations without restriction. These Terms constitute the entire agreement between you and the Foundation regarding your use of the Sites.
Contact Information Please contact the Foundation if you have any questions, comments or concerns about these Terms at:
The Summit Foundation 1717 K Street, NW, Suite 1050 Washington, DC 20006 summit@summitfdn.org
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