Welcome to the Web site (the "Site") of Summit America Insurance
("Summit America"). Please review these Terms of Use. By accessing
or using the Site, you agree to follow and to be legally bound by these
Terms of Use.
1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs
and other elements and materials (collectively, "Materials")
that are owned by and are the copyrighted works of Summit America or
its third party providers. Summit America also owns a copyright in
the selection and arrangement of the Materials. Except as stated herein,
you may not use, copy, reproduce, modify, create derivative words from,
distribute, republish, download, display, post or transmit in any form
or by any means, including electronic, mechanical, photocopying, recording
or other means, any Materials without the prior written permission
of Summit America. Any unauthorized use of any Materials contained
on this Site may violate copyright, trademark, privacy, publicity or
communications laws and regulations.
Summit America hereby grants you permission to copy, print and download
Materials on this Site on an occasional and irregular basis, provided
that: (1) all the copyright and other proprietary notices appear in the
Materials; (2) the use of such Materials is solely for personal, non-commercial
and informational use and will not be copied or posted on any networked
computer, broadcast in any media or used for commercial gain; and (3)
the Materials are not modified in any way.
2. TRADEMARKS
"Summit America" and other marks are trademarks of Summit America
Insurance and may be registered in certain jurisdictions. Other company
names, marks, logos and symbols may be the trademarks of its third party
providers or other third parties. Any unauthorized use of any such trademarks
may be a violation of the rights of Summit America or a third party.
3. ON-LINE CONDUCT
You may not use the Site for any unlawful purpose or to collect personal
information about users. You may not transmit through or post on the
Site any unlawful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful or any racially, ethnically
or otherwise objectionable material of any kind, including any material
that encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate applicable laws.
4. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than
Summit America. Summit America does not screen or endorse and is not
responsible or liable for the contents or use of these third party
sites or for their policies respecting privacy of personal information.
Summit America is providing these links to you only as a convenience.
5. TERMINATION OF ACCESS
Summit America may cease operating the Site or terminate your access
to all or part of the Site, without notice, at any time, for any reason.
6. DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF
THE SITE AND MATERIALS IS AT YOUR SOLE RISK. SUMMIT AMERICA MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE. SUMMIT AMERICA HEREBY DISCLAIMS, TO THE
FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
SUMMIT AMERICA DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ACCESSIBLE
ON OR THROUGH THE SITE IS ACCURATE, COMPLETE OR CURRENT. ALL INFORMATION
IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING
THE INFORMATION ON THE SITE.
7. LIMITATION OF LIABILITY RESPECTING SITE
SUMMIT AMERICA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING
INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF
REVENUE).
8. INDEMNIFICATION BY SITE USER
You agree to hold Summit America and its affiliates harmless from and
indemnify them against any claims by third parties based on or related
to your on-line actions, your failure to comply with these Terms of
Use or your use of the Site or the Materials and all damages, costs
and expenses relating thereto.
9. PRIVACY POLICY
Currently, Summit America does not share your e-mail address or other
personal profile information with third parties for marketing purposes
without your prior consent. Summit America may use and collect your
personal profile information and certain other automatically collected
information for Summit America's own marketing purposes and to create
aggregate reports, but no reports furnished to third parties will contain
any personally identifiable information.
Notwithstanding the foregoing, Summit America will (a) comply with all
laws and
court orders and cooperate fully with state, local and federal officials
in any investigation relating to any content (including electronic communications
transmitted to Summit America on or through the Site) or purported unlawful
activities of any user, and (b) take reasonable measures to protect its
proprietary rights and business operations.
10. CHANGES TO SITE OR TERMS OF USE
Summit America may make improvements or changes to the Site or to the
services and programs described on this Site at any time without notice.
Summit America may revise these Terms of Use at any time, without prior
notice, by posting the revision or the revised Terms of Use on the
Site; any revision is effective upon your accessing this Site.
11. LOCAL LAWS; EXPORT CONTROL
Summit America makes no representation that the Site or the Materials
are appropriate or available for use outside the USA. If you use this
Site from locations outside the USA, you are responsible for compliance
with USA and foreign export and import laws and regulations and all
applicable local laws. All marketing or promotional materials found
on this Site are directed solely to individuals and entities located
in the USA.
12. RIGHTS AND REMEDIES OF SUMMIT AMERICA
You agree that Summit America shall have all rights and remedies provided
under these Terms of Use and under applicable law.
13. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use and all other transactions conducted through the Site
or with Summit America will be governed by and construed and enforced
under the laws of the State of Kansas (excluding any conflict of laws
rules). These Terms of Use represent the entire understanding relating
to the use of the Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. The exclusive jurisdiction
and venue for any legal proceedings relating to these Terms of Use
or to the Site or transactions or activity conducted on or relating
to the Site will be the appropriate state or federal courts in Johnson
County, Kansas; you consent to such jurisdiction and waive all objections
to such courts based on jurisdiction, venue and inconvenience of the
forum.
14. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact Summit
America at info@summitamerica-ins.com.