John Summit LLC
Terms
of Use
Your use of the websites and services on which these terms reside (collectively, the "Site") are subject to these terms of use ("Terms"). Please read these Terms carefully before using this Site. The Site is owned or controlled by John Summit LLC ("Company") and certain pages on the Site are hosted and operated by third party providers as described from time to time on the Site. This Site is intended for and applicable only for residents of the United States, ages 18 or older. If you are from another jurisdiction or under 18 years of age, you may not use this Site.
By accessing this Site in any way, including browsing, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies and notices contained on this page, including conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of New York law.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes constitutes your agreement to those changes. Company may, in its sole discretion, discontinue this Site or any part thereof, or prevent your use of this Site, with or without notice.
Company Content
Content on this Site provided by Company or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, product names or packaging, slogans, and the compilation of the foregoing ("Company Content") is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any Company Content for use in any publications, public performances, on websites other than this Site, in connection with products or services that are not those of Company, or in any manner likely to cause confusion among consumers, dilute the strength of Company's intellectual property, or otherwise infringe Company's or its licensors' intellectual property rights.
Use of the Site and Posting Policy
The following requirements apply to your use of the Site, including any submission or other materials provided by you ("User Content"):
You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or otherwise objectionable as determined by Company.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights.
You will not collect, store, or post any content that contains personal information about other users, violates the privacy or publicity of any individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
You will not use the Site for any commercial purpose not expressly approved by Company in writing, upload any advertising or solicitation, impersonate any person or organization, or transmit material that contains viruses or code that may interfere with the functionality of the Site.
You are prohibited from using any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods in connection with the Site.
By submitting any User Content on or through the Site, you grant Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed. You represent and warrant that you own all content submitted and that its display does not violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person or entity.
SMS / Text Message Marketing
By agreeing to receive text messages from us, you are agreeing to receive automated messages from and on behalf of Company to the phone number you provided. Consent to receive text messages is not a requirement or condition of any purchase.
Message and data rates may apply. Not all carriers are covered and supported carriers may change from time to time. Company does not guarantee availability or performance of the text message service and transmission delays and message failures may occur.
To stop receiving text messages, text STOP to the phone number from which you received the message. To request additional information or get help, text HELP. You may also email contact@metatone.com to opt out.
You represent that you are the account holder for the telephone number(s) you provide and are responsible for notifying Company immediately if you change your number.
Terms of Sale
Transactions. You may be asked to supply information relevant to a transaction including your method of payment, billing address, and shipping information. You represent and warrant that you have the legal right to use any payment method utilized. By submitting such information, you grant Company the right to provide it to third parties to facilitate transactions.
No Refunds or Returns. You understand and agree that you are charged at the time you place your order. All sales through the Site are final and complete at the time you are charged. Items are not eligible for return or refund except as may otherwise be stated under applicable return and refund policies. Once an order is placed, changes cannot be made.
Availability and Errors. All goods are subject to change without notice and are available as supplies last. Company reserves the right to substitute goods of greater or equal value in the event supplies run out. Company cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability, and reserves the right to correct errors at any time without prior notice.
Shipping. Full payment is generally required before products ship. Goods will ship to the postal address you specify. No P.O. boxes allowed. Goods will only be shipped to jurisdictions where delivery is lawful. Company is not responsible for postal mail or deliveries returned as undeliverable without a forwarding address. Delivery dates are approximations and Company will not be liable for any loss or damage due to delays.
Registrations and Sign-Ups
Certain areas of the Site require registration or ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features.
If the Site requires you to submit information, you must provide current, complete, and accurate information. It is your responsibility to maintain the accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
Representations, Limitations of Liability and Indemnity
Company makes no representations about the reliability of the features of this Site or the Company Content, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or use of the Site will be at your own risk.
Company does not endorse, verify, evaluate, or guarantee any information provided by users. You shall not create or distribute information that suggests an endorsement by Company without prior written approval.
This Site is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this Site.
Under no circumstances shall Company or its parents, subsidiaries, officers, employees, and contractors (collectively, "Company Entities") be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify and hold Company Entities harmless from and against any damages and expenses, including reasonable attorneys' fees, related to your violation of these Terms, any claims arising from User Content you submitted, or any violations by your dependents.
Third Party Websites
This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service and are not sponsored by or affiliated with this Site or Company. Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site is subject to that site's terms and privacy policy.
Binding Arbitration
You and Company agree that any controversy or claim (except for claims of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms or the Site shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules by a sole arbitrator.
The place of arbitration shall be New York and the language of the arbitration shall be English. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and not as a mass arbitration.
The arbitrator shall award the prevailing party its costs, including reasonable attorney's fees. Judgment on any award may be entered in any court of competent jurisdiction. No information concerning an arbitration may be unilaterally disclosed to a third party except as required by law.
Miscellaneous
These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. Any disputes not subject to arbitration will be subject to the federal and state courts located in New York. All disputes, claims, and causes of action will be resolved individually, without resort to any form of class action.
Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
For information about how we collect and use your personal data, please review our Privacy Policy.
Contact Us
If you have any questions about these Terms, please contact us: