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 Terms of Use ("Terms"), which may be updated by The Summit Free Market from time to time. The 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.

2. Content

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

The Summit Free Market has established a Privacy Policy to explain to users how their information is collected and used, located at Privacy Statement. Your use of The Summit Free Market website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further 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.

4. Conduct

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 telecommunications equipment;
* 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.

11. Indemnity

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.

13. Feedback

We welcome your feedback on this document. Please contact us at summitfreemarket@cityofsummit.org

copyright website development