Summersault LLC doing business as Summersolt ("we," "our," or "us") provides this interactive website located at https://storefronts.summersolt.com and related mobile application (this "Site") to enable our users to access information about youth camp programs ("Camp Programs") and to enroll in such programs. This page states the terms and conditions under which you may use this Site (this "Agreement"). Agreement applies to you whether you are a "Visitor" (meaning you browse or enroll in a Camp Program) or a "Subscriber" (meaning you have registered an account on this Site). Please read this Agreement carefully. This Site, its content, and any products or services offered through this Site are the "Services."
This Agreement is a legally binding agreement. By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Services in any way, you have agreed to each and all of the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use the Services and leave this Site immediately.
We reserve the right to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of this Site following the posting of changes to this Agreement will mean you accept those changes.
The content on this Site is directed to adults seeking Camp Programs for their minor children. It is not directed to persons under the age of 13. If you are under the age of 13, you may not use this Site without the consent of your parent or guardian. If you are under the age of 13 and wish to use this Site, you may request permission by sending an e-mail to: eligibility@summersolt.com
Users may create an account on this Site in order to access our products and services ("Subscribers"). Subscribers will create a password to be used for logging in to the account.
Each Subscriber may only have one account with us. We will treat anyone who uses your password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of any person using your password. You agree to maintain your password in confidence, and to refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services and your participation on our Site. You must notify us immediately if you suspect that someone is using your password in this manner.
If you register as a Subscriber, you represent and warrant that the information you provide to us is accurate, truthful, and complete, and that you will keep your registration information accurate and up-to-date.
Your submission of a completed camp enrollment order form on our Site constitutes an offer to purchase. Your offer to purchase shall not be considered as accepted unless and until you complete and submit your payment method information. Once submitted, we will send you written acknowledgment (such as an e-mail confirmation) of your order.
Providers of Camp Programs ("Providers") post information regarding their programs such as location, facilities, activities, amenities, staffing, availability and pricing (the "Camp Information") on our Site. Providers are solely responsible for the accuracy of the Camp Information. We do not check the accuracy of the Camp Information posted by Providers and we are not responsible for any omissions or inaccuracies. Providers reserve the right to correct any errors in the Camp Information, and to make any other changes to the Camp Information posted on our Site, at any time without any prior notice to you.
If after enrollment, the Provider agrees to a refund of all or part of your enrollment fee, the refund amount will be returned to you less payment processor fees and our commission.
We provide a means for Providers to post Camp Information and we facilitate the initial enrollment in a camp program. However, we have no role in the conduct or operation of camp programs for which Providers are solely responsible.
You agree, on behalf of yourself and your dependents, that you hereby waive and release all claims, rights, damages, losses, costs, expenses, demands and causes of action rights under any legal theory that you or your dependents may have against us arising from any participation by you or your dependents in a Camp Program ("Claims"). You further agree that you will not sue or attach our property, and will release and forever discharge us and our employees, officers, directors, shareholders and agents from any and all Claims, including without limitation, Claims for active and passive negligence, primary and secondary negligence, personal injuries, death, disability, property damages, attorneys’ fees, and costs of litigation and settlement.
YOU HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND US AND YOU AGREE TO THIS RELEASE OF YOUR OWN FREE WILL.
We impose certain restrictions on your use of the Services ("Prohibited Uses"). Prohibited Uses include but are not limited to the following:
Certain content shall not be submitted to us through this Site ("Prohibited Content"). We reserve the right to terminate the receipt or transmission of any Prohibited Content, and, if applicable, to delete, edit or disable any Prohibited Content that we receive. Prohibited Content includes, but is not limited to, content that:
With respect to any content you submit to us through this Site (the "User Content"), whether as a Subscriber or Visitor, you represent and warrant at all times that: (i) you own such User Content or otherwise have the right to grant us a license to use such content, (ii) submission of such User Content to us does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of such User Content to us does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you to us.
You grant to us irrevocable perpetual license to use the User Content, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, license, translate and reform such User Content. Such license shall be valid worldwide, fully-paid and royalty-free (meaning we are not required to pay you for any User Content you submit), and sublicensable (meaning we may provide the User Content for use by others. You also grant each user of this Site a non-exclusive license to access your User Content through this Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, and display such User Content in connection with their use of this Site. You acknowledge that other users of this Site may download your User Content and that we shall not be responsible or liable for any damage, loss or harm resulting from such download or use of your User Content.
You agree we may remove any User Content that violates this Agreement, or that might be offensive, illegal, or violate the rights of, harm, or threaten the safety of users or others. You understand that any User Content removed by you or us may persist as archived copies until such copies are overwritten or destroyed in the normal course of our business and may remain with users who have previously accessed or downloaded User Content.
You acknowledge that transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and us other than this Agreement.
This Site may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Site, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. Third-party websites may, from time to time, publish hyperlinks that redirect users to this Site. We currently impose no restrictions on hyperlinks directed to this Site. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
As between you and us, we own the intellectual property rights in this Site’s contents (the "Site Material"), including, but not limited to, the text, graphics, and images on this Site. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.
We grant you a limited, revocable, and non-transferrable license to view and download a single copy of this Site Material, to the extent necessary for you to access this Site. Otherwise, this Site Material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of this Site Material. Neither title nor intellectual property rights are transferred to you by your access to this Site.
If you believe your copyrighted work has been submitted to us in a manner that constitutes copyright infringement, please provide our designated agent (address provided below) with your name, address, phone number and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement. The designated agent can be reached at:
We respect user privacy. A complete copy of our current privacy policy (the "Privacy Policy") can be found at https://privacy.summersolt.com. The Privacy Policy is hereby expressly incorporated into this Agreement by reference. By using this Site, you agree to be bound by the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and this Agreement, the terms of the Privacy Policy shall govern.
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Michigan, without respect to any conflict of laws principles.
In the event that there is a dispute, claim, or controversy between you and us arising out of this Agreement or your use of our website, the parties agree to submit the dispute to binding arbitration in Ingham County, Michigan before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such term or provision shall be interpreted to the fullest extent permitted by applicable law and such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.
You hereby agree to indemnify, defend and hold us and each of our owners, partners, subsidiaries, affiliates and our and their respective officers, directors, agents, contractors, subcontractors, visitors, licensees, invitees, permittees and employees harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise arising out of your (i) breach of this Agreement or (ii) your negligence or willful misconduct.
WE DO NOT WARRANT THAT THIS SITE OR THE SERVICES, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR FUNCTIONS CONTAINED IN THIS SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH YOUR USE OF THIS SITE.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Except as expressly provided in this Agreement or on this Site, this Agreement constitutes the entire agreement between you and us with respect to your use of this Site and its related services.
We may, in its sole discretion and without prior notice (a) revise this Agreement, (b) modify this Site and/or its related services, and (c) discontinue this Site and/or its related services, at any time. You agree to review this Agreement periodically to be aware of any revisions to the Agreement. You further agree that, by continuing to use or access this Site following notice of a revision, you shall be bound by such revision.
This Agreement shall not be assignable by you, either in whole or in part. We reserve the right to assign its rights and obligations under this Agreement.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
This Agreement shall remain in full force and effect whenever you are using this Site or are a Subscriber, are effective until terminated by either party. If you are a Subscriber, we may terminate your account at any time for any violation of this Agreement. If we terminate your account, this Agreement shall remain applicable to any and all activities that occurred on your account prior to its termination.
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself, and/or any Subscriber participating in this Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you.