Terms + Conditions
1. Acceptance of Terms
The Summit Free Market provides online resources, including free gift-item postings, and various
email and board posting services, (referred to hereafter as "the Service") subject to the following
Summit Free Market will provide notice of materially significant changes to the Term by posting
notice on The Summit Free Market site. You can review the most current version of the Terms here.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when
using particular Free Market services, you agree to abide by any applicable posted guidelines for all
Free Market services, which may change from time to time. Should you object to any term or
condition of these Terms, any guidelines, or any subsequent modifications thereto or become
dissatisfied with The Summit Free Market in any way, your only recourse is to immediately
discontinue use of The Summit Free Market.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other
materials ("Content") posted on, transmitted through, or linked from the Service are the sole
responsibility of the person from whom such Content originated. More specifically, you are entirely
responsible for all Content that you post, email or otherwise make available via the Service. You
understand that The Summit Free Market does not control, and is not responsible for Content made
available through the Service, and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Summit
Free Market site and Content available through the Service may contain links to other websites,
which are completely independent of The Summit Free Market. The Summit Free Market makes no
representation or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites is at your own risk. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely
on said Content, and that under no circumstances will The Summit Free Market be liable in any way
for any Content or for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge that The Summit
Free Market does not pre-screen or approve Content, but that The Summit Free Market shall have
the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
collected and used, located at Privacy Statement. Your use of The Summit Free Market website or
acknowledge and agree that The Summit Free Market may, in its sole discretion, preserve or
disclose your Content, as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary t comply with legal process; enforce these
Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights,
property, or personal safety of The Summit Free Market, its users or the general public.
You agree not to post, email, or otherwise make available Content:
* that impersonates any person or entity, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
* that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any
party, or Content that you do not have a right to make available under any law or under contractual
or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas of The Summit Free Market that does not allow it; or (2) emailed to The Summit Free Market users who
have requested not to be contacted about other services, products or commercial interests.
* that includes links to commercial services or web sites.
* that advertises any illegal services or the sale of any items the sale of which is prohibited or
restricted by applicable law, including without limitation items the sale of which is prohibited or
regulated by law.
* that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
* that disrupts the normal function of the site via an excessive number of messages (flooding
attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable material of any kind or nature.
* purposefully post Content in a irrelevant category or city, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* attempt to gain unauthorized access to The Summit Free Market's computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs
the functionality of, the Service or The Summit Free Market website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to The Summit Free
Market email addresses or through The Summit Free Market computer systems is expressly
prohibited by these Terms. Any unauthorized use of The Summit Free Market computer systems is a
violation of these Terms and certain federal and state laws. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
6. Limitations on Service
You acknowledge that The Summit Free Market may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service, the maximum
number and size of postings, email messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the Service. You agree that The
Summit Free Market has no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that The Summit Free Market reserves
the right at any time to modify or discontinue the Service (or any part thereof) with or without
notice, and that The Summit Free Market shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
7. Termination of Service
You agree that The Summit Free Market, in its sole discretion, has the right (but not the obligation)
to delete or deactivate your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without notice, and remove
and discard any Content within the Service, for any reason, including, without limitation, if The
Summit Free Market believes that you have acted inconsistently with the letter or spirit of the
Terms. Further, you agree that The Summit Free Market shall not be liable to you or any third-party
for any termination of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
8. Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals found on or through the Service, including
arrangement and delivery of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such organizations
and/or individuals. You agree that The Summit Free Market shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you
understand and agree that The Summit Free Market is under no obligation to become involved. In
the event that you have a dispute with one or more other users, you hereby release The Summit
Free Market, its officers, employees, volunteers, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such
disputes and / or our service.
9. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SUMMIT FREE MARKET SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE SUMMIT FREE MARKET SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUMMIT FREE MARKET DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF
THE SUMMIT FREE MARKET SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
THE SUMMIT FREE MARKET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR POSTED ON THE SUMMIT FREE MARKET SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE SUMMIT FREE MARKET SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE SUMMIT FREE MARKET DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SUMMIT FREE MARKET
SITE OR THE SERVICE. **Barry-Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.
10. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL The Summit Free Market BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF The Summit Free
Market HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF The Summit Free Market SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF The Summit Free Market SITE OR THE SERVICE, FROM
INABILITY TO USE The Summit Free Market SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF The Summit Free Market SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH The Summit Free Market SITE OR THE SERVICE OR ANY LINKS ON The Summit
Free Market SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH The Summit Free Market SITE OR THE SERVICE OR ANY
LINKS ON The Summit Free Market SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold The Summit Free Market, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court costs, made by
any third party due to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any rights of another.
12. General Information
The Terms constitute the entire agreement between you and The Summit Free Market and govern
your use of the Service, superseding any prior agreements between you and The Summit Free
Market. The Terms and the relationship between you and The Summit Free Market shall be
governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and
The Summit Free Market agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Pima, Arizona. The failure of The Summit Free Market to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If
any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
We welcome your feedback on this document. Please contact us at