Vestibular Virtual Summit

Vestibular Virtual Summit 'Additional Terms of Service'

Last Updated: June 2024

Welcome

Welcome to the website (this “Website”) of the Vestibular Virtual Summit, a joint venture between Rooted Behavioral Education LLC and Oak Physical Therapy & Wellness (“we”, “us” or “our”), founded by Emily Kostelnik, PhD, and Madison Oak, DPT. We are so glad you are here! Before we get started, please take the time to read this document and the terms and conditions it contains.

By accessing this Website and/or purchasing or using the summit and/or its videos, documents, and other associated content (“Content”) from this Website you agree to follow and be bound by this Terms of Use Agreement and Liability Disclaimer (“Terms”). The Terms apply to any and all users of this Website and purchasers or users of the summit, materials, and content purchased through this Website including, but not limited to, browsers, vendors, customers, and/or merchants.

Please read these Terms before further accessing this Website, purchasing anything through this Website or making any use of any Content. If you do not agree to these Terms, then you cannot further access this Website or purchase or use any Content. These Terms apply to any and all current and future features, tools, Content and/or products on our Website.

We reserve the right to update, change, amend, and/or replace any part or all of the Terms at any time and for any reason, without notice. Because of this, we encourage you to check the Terms every time you visit and utilize our Website and/or any Content. Your continued use of the Website or Content after the posting of any changes to the Terms constitutes your acceptance of the changed Terms. You can review the most current version of the Terms on this page at any time. The headings in these Terms are used for convenience purposes only and will not be construed to limit the Terms in any way.

Definitions

“Company”, “We”, “I”, “Our”, or “Us” means Madison Oak and Oak Physical Therapy & Wellness PC & Dr. Emily Kostelnik and Rooted Behavioral Education LLC “Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program. “You” “User” “Client” or “Your” means the purchaser and person using the Program. “Website” means the site HeySummit.com and all content we place on HeySummit.com.

Educational Use Only. Our goal is to provide the latest information in holistic approaches to chronic dizziness including environmental toxins, chronic infections, hormones, and other topics. THE WEBSITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL, PHYSICAL THERAPY, OR PSYCHOLOGICAL ADVICE, DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY OTHER PROFESSIONAL SERVICE, AND DOES NOT treat, prevent, or cure any mental or medical disease. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL, PHYSICAL THERAPY, OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. Any advice, information or services provided by one of our summit speakers similarly does not constitute medical advice or treatment. Before you implement anything discussed in the summit interviews, you should get medical clearance from your physician, physical therapist, or mental health professional. The information in our courses is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in the courses are not intended to be psychotherapy, physical therapy, or medical advice, especially since we have not personally evaluated you and suggested interventions specific to your individual condition. Any reference to, or mention of, any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to address your particular situation.
No Warranty.

a. You agree that your use of this Website is entirely at your own risk and that any summit interview delivered to you after purchase through this Website will be provided “AS IS” and with all warranties, express or implied, disclaimed to the maximum extent permitted by law. We make no warranty that you will obtain specific results from your use of the Website or its Content. We make no representations or warranties about the suitability, reliability, completeness, value, availability, timeliness, security, lack of errors, or accuracy of the Website or its Content and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. We do not warrant that your use of this Website will be uninterrupted, timely, secure, or error-free. Our Website and the Content are provided “as is” and “as available” with no guarantee or warranty that it will function exactly as you would like or will be compatible with your computer technology and web service provider. We are not responsible for any data loss, website downtime, viruses, or any other problems that may occur as a result of using the Website or the Content. You acknowledge that we disclaim all responsibility and/or liability for damages caused by viruses or malware somehow attributed to our Website or Content.

Assumption of the Risk; No Liability. By using the Website or purchasing any Content and engaging in the summit interviews, you are assuming the risk that the Website, the Content and/or interventions may not be appropriate for you and may increase your symptoms, worsen your condition, cause or increase psychological distress, or result in other physical, mental, emotional or psychological trauma. If this occurs, you should stop engaging in the summit and seek advice from a medical or mental health professional immediately. In no event will we be liable to you or any third party for any decision made or action taken because of the Content contained on or provided by the Service. Your use of the Service, including any Content, is entirely at your own risk. In any states or jurisdictions that do not allow certain limitations on any damages, our liability shall be limited in those state or jurisdictions to the maximum extent permitted by law.
Indemnification. You hereby indemnify, release, discharge, covenant not to sue, and agree to hold Rooted Behavioral Education, LLC and Oak Physical Therapy & Wellness, PC, and their affiliates and subsidiaries, and their respective members, managers, agents, officers, employees, successors and assigns, harmless from and against any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your use of the Website or the Content or the summit, your breach of these Terms, your breach of any documents incorporated by reference into these Terms, your violation of the law, or your violation of the rights of any third-party.
Limited License. By purchasing Content, we grant you a nonexclusive, nontransferable, revocable license to access and use the Content solely for your own personal and non-commercial use. All content is protected under United States and foreign copyrights. The copying, redistribution, use, resale or publication by you of any of the content within our courses is strictly prohibited. Your purchase of the summit interviews does not grant you any ownership rights.
Right to Refuse or Terminate Service. We retain sole discretion in determining whether to sell any summit access to any individual and may reject a purchase by any individual at any time for any reason. You acknowledge that your breach of the Terms may result in termination of your access to summit materials.
Age Restrictions. Our courses are intended solely for users who are at least 18 years of age or older. Any use of or access to our courses by anyone under 18 years of age, is unauthorized, unlicensed and in violation of these Terms. By purchasing a course, you represent and warrant that you are 18 years or older and that you agree to abide by the Terms.
Payment.

a. No refunds. You agree to pay all charges for the summit. All sales are final. No refunds are issued once a sale is completed. The supplies needed to complete any exercises offered on this Website are not included in the purchasing price of course.

b. Billing information. When you provide information for any method of payment, you warrant and represent that you are the owner and/or authorized user of that method of payment. In the event legal action is necessary to collect any balances due you agree to reimburse Rooted Behavioral Education, LLC, and Oak Physical Therapy & Wellness, PC, for any and all expenses incurred to recover these amounts due, including reasonable attorneys’ fees, other legal expenses, and any other costs of collection. You agree to provide current and complete purchase and billing information so that your transaction can be completed. In the event that we cancel or must change an order, we may attempt to contact you through the e-mail or phone number you provided at the time you placed the order. If you provide us with an e-mail or phone number at the time of placing the order, you agree to do so accurately.

Prohibited Use. In addition to any other prohibitions set forth in the Terms, you agree that you will not:

a. Use this Website or the Content to further any unlawful purpose, solicit others to perform or participate in unlawful acts, violate any law, regulation, ordinance, or rule, or infringe upon any person’s intellectual property rights;

b. Discriminate against any person for any reason;

c. Submit false or misleading information to any party;

d. Collect or track any Personal Identifying Information of others;

e. Send any phishing or scam correspondence; and/or

f. Upload or transmit viruses, malware, or other malicious code, or circumvent, attack, or interfere with any security features on any website.

g. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;

h. Make any automated use of the Website, or take any action that we may deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

i. Use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; and j. Use the Content or your access of this Website for any illegal or unauthorized purpose.

Third Party Material. The Website and/or the Content may contain references or links to materials from third-parties. Though we have product sponsors as part of a giveaway, you agree we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties. You agree that we are not liable for any harm or damages related to the product giveaway, purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, and you agree to indemnify and hold us harmless against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from the use of materials produced by third-parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Access to the Summit

When you complete the purchase process, you will receive a password that will allow you to access the summit you purchased. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. Accuracy of Information

We make no warranties or representations as to the accuracy, completeness, or status of the information on this Website or contained in the Content. You agree that we are not responsible if any information on this Website or in the Content is not accurate, complete, or current and updated. Your agreement here extends, but is not limited, to any typographical errors, inaccuracies, or omissions on or pertaining to product descriptions, pricing, and/or promotions and offers.

Any information on this Website or in the Content is provided for general information purposes only and should not be solely relied upon as the basis for making any decision. This Website may also contain cached or historical information. Such information is not current and should not be relied upon as the sole basis for making any decision. If you rely on any information on this Website, you do so at your own risk.

We reserve the right to modify the information on this Website at any time and for any reason; however, we have no obligation to do so. You agree that it is your responsibility to monitor any changes to any of the information on this Website. Any update or refresh date on any part of the Website should not be taken to indicate that all information on the Website or that specific page of the Website has been updated and/or verified.

The Summit

We reserve the right to modify the price of the Content at any time and for any reason. This reservation includes the right to begin or discontinue “sale” pricing for any time and for any reason.

We reserve the right to modify the Content for any time and for any reason. Any offer made through this Website is void where prohibited.

We do not warrant that our summit will meet your personal expectations. Further, we do not warrant that we will correct any real or perceived errors in our courses. You may not assign your rights and responsibilities under these Terms or for purchasing this summit.

Personal Identifying Information

You agree that your submission, and our subsequent use, of any of your Personal Identifying Information through this Website is governed by our Privacy Policy, which is hereby incorporated by reference.

Severability

You agree that in the event that any provision of the Terms or the Privacy Policy is determined to be unlawful, void, or unenforceable such provision shall be construed to be enforceable to the fullest extent as permitted by applicable law. The unenforceable portion or provision shall be severed from the Terms and this severance shall not affect the validity and/or enforceability of any remaining provisions of the Terms.

Termination

Our rights under this Agreement shall survive any termination of this Agreement. The Terms are effective unless terminated by either party. The Terms govern your use of our Website and the Content. You agree that we may terminate these Terms with you and/or your access to the Website or the Content at any time and for any reason without notice.

Entire Agreement

This document, and any documents incorporated herein by reference, constitutes the entire agreement between you, Rooted Behavioral Education, LLC, and Oak Physical Therapy & Wellness, PC. It supersedes any and all prior or contemporaneous agreements, communications, and proposals between you, Rooted Behavioral Education, LLC, and Oak Physical Therapy & Wellness.

Waiver

Our failure to exercise or enforce any right or provision of the Terms does not constitute any waiver of such right or provision or a waiver of our ability to exercise or enforce the right or provision in the future.

Any cause of action by you with respect to our website or summit must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Ambiguities

Any ambiguities in the Terms or the Privacy Policy shall not be construed or interpreted against Rooted Behavioral Education, LLC or Oak Physical Therapy & Wellness, PC.

Governing Law

The Terms, the Privacy Policy, and any purchase of our summit shall be governed and construed in accordance with the laws of Wyoming to the greatest extent possible without consideration to any applicable conflicts of law provisions. In the event either of us brings suit against the other, such litigation shall be filed in the state or federal courts of Wyoming.

International Users

If you access our Website and/or our summit outside the US you are responsible for compliance with all applicable laws.

Opinion Disclaimer

Example: Any opinion of any speaker is solely the opinion of that coach and does not necessarily reflect the view of Rooted Behavioral Education, LLC, or Oak Physical Therapy & Wellness, PC.

Chargebacks

We hereby state that any indication or assertion of an intention to initiate a chargeback is not acceptable, whether actual or verbalized. In the event that any chargeback actions are undertaken with regard to a transaction involving the acquisition or acquisition rights of our Courses, Services, Subscription Offerings, and/or Merchandise, we reserve the right to communicate this occurrence to prominent credit reporting entities. Such communication possesses the potential to yield adverse ramifications on your credit history and/or credit rating. In the event that circumstances necessitate such communication and you seek the elimination of this disclosure from your credit record, we kindly request you contact us for the purpose of coordinating the settlement of any outstanding payment. Upon successful receipt of the due payment, we will duly proceed with the requisite notifications to the pertinent credit reporting agencies.

HeySummit is not responsible for any part of the above Additional Terms and is only responsible for the Core Terms of Service stated hereunder:

HeySummit's Core Terms of Service

These Core Terms of Service (the “User Terms”) govern Your access to or use of the online and hybrid events platform and services generally described at heysummit.com and its associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (”Services”) offered or made available by Hey Summit Ltd. or its parents, subsidiaries, and corporate affiliates (“HeySummit” "we" "us" or “Our").

These User Terms and the Community Guidelines incorporated herein by reference, form a legally binding contract between You and us.

Review the Privacy Statement for more information on how we collect and use data relating to the use of Our services and products. The Privacy Statement is a changing policy that is also a part of these User Terms.

1. Who these terms apply to - read carefully!

You are subject to these User Terms (a “User”) if:

You are a “Participant” which is defined as any individual or entity that signs up for, or accesses a HeySummit account, or who attends, participates in, or interacts at, an Event. Examples include without limitation, individual Event attendees and speakers; or
You are a “Team Member” which is defined as any individual or entity that is affiliated with the Host (see below) and that uses or accesses the Services in any way. Examples include without limitation, event managers, agencies, consultants, contractors, sponsors, and exhibitors.

The term “Host” refers to the company, entity, institution, organisation, or individual who is the public facing “brand” of the virtual or hybrid event (“Event”). A Host could be a company, or an individual.

If the Host enters into customer terms with HeySummit, such as the HeySummit’s Platform Terms or other HeySummit customer agreement (including agreements provided to the Host via a referral partner), it is a direct customer of HeySummit.

If the Host is not a direct customer of HeySummit, it typically means that the Host acquired the right to use the Services via a third party reseller or agency, in which case the Host’s use of the Services are governed by its agreement with that reseller or agency.

In each case above, the Host is subject to those separate customer and/or reseller or agency terms, and the Host’s Participants and Team Members are subject to these User Terms; provided however that if You are the individual who is both the Host and the named HeySummit account holder, these User Terms also apply to Your use of the account and Services in Your capacity as a Team Member.

1.1 HeySummit’s role

Events are organised and administered by the Host, not HeySummit. We are a third party providing the Services and its incorporated technology platforms (the “Platform”) to facilitate an Event taking place. For the purpose of this Agreement, the Services includes the Platform.

We are not responsible and cannot be held liable for any matters described in the Host Responsibility section (below).

1.2 Host’s responsibilities

The Host has full control over the running of any Event. This includes the invitee list, when Events are created and how they are configured, and what functionality and third-party integrations are available for use at each Event.

The Host is solely responsible:

if an Event is cancelled;
for how an Event is run;
for ticket and merchandise sales and donation handling;
for marketing activities related to the Event;
for promotions, contests, and sweepstakes offered in connection with the Event;
for informing Participants of any relevant policies and practices and securing agreements and consents with its Participants including but not being limited to additional privacy statements and additional terms of service;
for any content produced or provided;
Ensure that the adequate permission is sought by each and every Participant when creating an account on their behalf and that You act in compliance with GDPR when using the Platform;
for any activities carried out during an Event; and
for monitoring and managing the conduct of Users.

It is solely the Host’s responsibility to respond to and resolve any dispute between the Host and any Participant or Team Member. The Host may also block or revoke a User’s access to its Event at any time and in its sole discretion.

HeySummit’s customer success team and mechanisms may be used to support such resolutions but it will be up to the Host to ensure the relevant information is provided to HeySummit and to troubleshoot an adequate resolution for HeySummit to assist and is therefore still the sole responsibility of the Host.

The Host will remain responsible for any resolution and the support of HeySummit throughout the resolution processes.

2. Right to use HeySummit

2.1. License

Subject to these User Terms, We grant You a limited, non-sublicensable license to access and use HeySummit:

where You are a Team Member, for the internal business purposes of the Host only, to create, organise and host Events on HeySummit; and
where You are a Participant, to attend and participate in Events for Your personal, non-commercial purposes only, subject to any Additional Terms of Service imposed by the Host.

2.2 Restrictions

You agree that You will not (unless You have Our express prior permission):

violate Our Community Guidelines
reproduce, duplicate, copy or resell any part of the Services or related content;
resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, Your right to use or access HeySummit or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Event content except as permitted by the Host;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HeySummit or any content on it nor attempt to do any such things, except to the extent permitted by law;
copy, translate, merge, adapt, vary, alter or modify, the whole or any part of HeySummit or any content on it, nor permit HeySummit or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use HeySummit as permitted in these User Terms;
use HeySummit maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HeySummit or any operating system;
use HeySummit in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running HeySummit;
access, search or create accounts for HeySummit by any means other than Our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party;
use another user’s information (including email addresses) to contact them outside of HeySummit without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of HeySummit; and
impersonate someone else to create an account, create or use an account for anyone other than Yourself, permit anyone else to use Your account, or provide personal information for purposes of account registration other than Your own.

3. Contributions and Personal Data

3.1

As part of an Event, You may submit or make available certain content, information, and data, such as messages or files (“Contributions”). You are responsible for Your Contributions, and You assume all risks associated with Your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes You or anyone else personally identifiable. You represent and warrant that You own or have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by HeySummit.

We are not responsible or liable to You or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms, Our Community Guidelines, or applicable law), but we have no obligation to do so.

If You believe a Contribution infringes Your intellectual property rights, see Our Copyright Infringement Policy in Our Community Guidelines.

3.2 Personal data in Contributions

As between HeySummit and the Host, the Host is the data controller of recordings of Event content, including any of Your personal data embedded therein. We explain Our role as the data processor of such personal data in the Privacy Statement but we strongly encourage You to review the privacy notices and policies of the Host and other participants in the Event as applicable.

We are not responsible for the usage of your personal data by the Host and the Host understands that it is not the responsibility of HeySummit to make the usage by the Host of User’s personal data. HeySummit is solely responsible for their role in processing of personal data as set out by the Privacy Statement.

It is the responsibility of the Host to ensure any additional processing or usage of personal data is made clear to the data subject and explained clearly before conducting the Event.

3.3 Children’s Data

You may not use the Services to collect data directly from children under the age of 13. In respect of any Event attended by children under the age of 13, a parent or legal guardian, as applicable, must register the minor and/or purchase the ticket on their behalf.

3.4 Limited License to Contributions

Solely in connection with Your interaction with the applicable Event, You grant to HeySummit a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions in any form, format, media, and channel.

4. Intellectual property rights

All intellectual property rights in the Services throughout the world belong to Us (or Our licensors). You have no intellectual property rights in, or to, the Services other than the right to use it in accordance with these User Terms.

If You provide feedback, comments or suggestions for improvements related to any HeySummit Services or products (in written, oral, or any other form) (“Feedback”), You represent and warrant that You (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that HeySummit may have something similar to the Feedback already under consideration or in development, and (ii) assign to HeySummit Your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of HeySummit, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.

5. Promotional activities

You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using Services (a “Promotion”), only if You:

(a) carry out all Promotions in compliance with all applicable laws and regulations, and Our Community Guidelines;

(b) You make expressly clear that the Promotion is Yours and that HeySummit does not sponsor, co-sponsor, endorse or support the Promotion.

You will be solely responsible for all aspects of, and expenses related to, Your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.

We have the right to remove Your Promotion from the Platform if we reasonably believe that Your Promotion does not comply with applicable laws or Our Community Guidelines.

6. Limitation of Liability

6.1 Limitation of Liability for all Users who reside outside of the EEA and the United Kingdom

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. HEYSUMMIT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES; (IV) ANY AND ALL USES OF THE SERVICES; AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HEYSUMMIT’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH HEYSUMMIT, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO HEYSUMMIT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEYSUMMIT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY IN ALL OTHER CIRCUMSTANCES.

6.2 Limitation of Liability for all Users who reside in the EEA and the United Kingdom

If we fail to comply with these User Terms, we are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these User Terms, both we and You knew it might happen.

6.3 Disclaimer of Warranties

The Services are provided for general information and entertainment purposes only. It does not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from HeySummit.

THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE IT SOLELY AT YOUR OWN RISK. HEYSUMMIT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY HEYSUMMIT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:

to the fullest extent permissible by law, HeySummit hereby disclaims and make no representations, warranties, endorsements, or promises, express or implied, as to: (i) the services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the services, including whether the services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the services or the servers that make the services available are free from any harmful components; and (v) whether Your use of the services is lawful in any particular jurisdiction.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEYSUMMIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL HEYSUMMIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, HEYSUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

6.4 Please back-up Your Contributions and personal data

While we have taken reasonable security measures, we recommend that You regularly back up any content and data used in connection with the Services. HeySummit is not responsible for the loss of personal data or Contributions that you may from time to time store or keep saved on the Platform.

6.5 Check that the Services are suitable for You

The Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of HeySummit meet Your requirements.

6.6 We are not responsible for events outside Our control

If the provisioning of the Services is delayed by an event outside Our control, we will contact You as soon as reasonably possible to let You know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting You know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.

6.7 We are not responsible for third party websites and services

The Services may contain links or referrals to third party and other independent websites and services which are not provided by Us. Such websites and services are not under Our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make Your own independent judgement about whether to use them, including whether to buy any products or services offered by them.

If You, on your own accord choose to enter into an agreement with any third party regardless of whether they were recommended by HeySummit or not; You are solely responsible for applying your independent judgement and making your own decision to enter into any contract or arrangement with that third party.

7. Termination

7.1 You may terminate these User Terms at any time by deleting Your HeySummit User account.

7.2

We can, in Our sole discretion, terminate these User Terms and/or Your right to access or use HeySummit at any time, without notice, for any reason, including where we reasonably consider that (a) Your use of the Services violates these User Terms or applicable law; or (b) we are unable to continue providing HeySummit to You due to technical or legitimate business reasons. In the event of such termination:

HeySummit revokes any licenses granted to You hereunder;
You must stop all activities authorised by these User Terms, including Your use of HeySummit.
You must delete or remove HeySummit from all devices in Your possession and immediately destroy all copies of HeySummit which You have and confirm to us that You have done this.
We may take all steps necessary to prevent You from accessing or using HeySummit including suspending Your HeySummit User account.

8. Technical requirements

In order to use HeySummit, it is necessary that You have a device that allows You access to the Internet, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using HeySummit may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of HeySummit.

9.Other important terms

9.1 Contacting us

If You are having any issues using the Services, get in touch with the Customer Success team.

If we have to contact or notify You, we will do so by the contact information You provided us or via notification on the Platform or other reasonable method.

9.2 Updates to HeySummit

From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need Your consent to do this, and Your continued use of the Services following the update will be subject to these User Terms.

9.3 If someone else owns the phone or device You are using

If You stream HeySummit onto any phone, laptop, desktop or other device not owned by You, You must have the owner's permission to do so. You will be responsible for complying with these User Terms, whether or not You own the phone or other device.

9.4 Changes to these User Terms

We may change these User Terms to reflect changes in law or best practice, or to address changes in Our Services. If You do not accept the changes, You are not permitted to continue using the Services.

9.5 Assignment and Transfer

We may transfer or assign Our rights and obligations under these Terms to an affiliated party of HeySummit or third party, with or without notice to You. You may not transfer Your rights and obligations under these Terms to someone else without Our prior written consent.

9.6 If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.7 Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing these User Terms, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these User Terms, or if we delay in taking steps against You in respect of Your breaking this agreement, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.

9.8 Which laws apply to this contract and where You may bring legal proceedings

These User Terms are governed by English law, and You can bring legal proceedings in respect of the products in the English courts only.