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Terms Of Use Summit Recruiter

Terms Of Use For Subscribers And Users

These Terms Of Use (This “Agreement”) Explain The Terms By Which Paying Subscribers (“Customers”) May Use The Platform, And Other Online Or Mobile Services We May Provide (Collectively, The “Service”). This Agreement Applies To All Customers, Visitors, Users, And Others Who Access The Service And Those That Access The Mobile App Our Service Creates (Collectively, “Users”). Please Read This Agreement Carefully Before Using The Service. By Accessing Or Using The Service, You Agree You Have Read, Understood, And Agree To Be Bound By This Agreement, And To The Collection And Use Of Your Information As outlined in Our Privacy Policy, Whether Or Not You Are A Registered User Of Our Service.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES ARBITRATION USE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

HOW DO WE UPDATE THESE TERMS OF USE
This Agreement Is Maintained On Our Website. We Reserve The Right, In Our Sole Discretion, To Modify Or Replace This Agreement From Time To Time, So You Should Review This Page Periodically. When We Change The Agreement In A Material Way, We Will Update The ‘Last Updated’ Date At The Bottom Of This Page. Your Continued Use Of The Service After Any Such Change Constitutes Your Acceptance Of The New Terms. If You Do Not Agree To Any Of These Terms Or Any Future Terms, Do Not Use Or Access (Or Continue To Access) The Service.


USE OF OUR SERVICE
A. Eligibility. Because We Respect The Rights Of Children And Parents, You May Use The Service Only If You Can Form A Binding Contract, And Only In Compliance With This Agreement And All Applicable Local, State, National, And International Laws, Rules, And Regulations. Any Use Or Access To The Service By Anyone Under 13 Is Strictly Prohibited and Violates this Agreement. Because We Respect The User Community, The Service Is Not Available To Users Previously Removed From The Service.
B. Payment. Customer Will Pay The Recurring Subscription Fees And Other Fees outlined in This Proposal Or In The On-Line Fee Schedule Provided At The Time Of Sign Up (“Fees”). All Fees Are Due When The Order Is Placed.
C. Refunds. To Assist The Customer In Conducting A Full And Complete Evaluation Of All Services Purchased, We Offer The Embed Code At Purchase and Will Make Any Needed Changes As Requested. The Only Refund Will Be Made If The Customer Is Not Able To Embed The Code On Their Site (With Our Help If Needed).
Customer Acknowledges That Payment Of Fees Is Authorization To Us To Begin Providing Services. These Services Include But Are Not Limited To, Providing Platform Access. We Will Start Providing Services Immediately Upon Customer Payment Of Fees And Provide Embed Code Within 5 Working Days. All Fees Are Earned When Received And Are Non-Refundable. Fees May Be Paid Via Credit Card Only, And the Customer Authorizes Us To Set Up An Automated Recurring Billing Process. If Customer Desires To Terminate The Service, Such Notice Must Be Delivered To Us In Writing Via Email Before The Next Recurring Billing Is Processed. The customer Agrees That They Are Not Entitled To Receive A Refund Of Any Fee, And the Customer Further Agrees That They Will Not Dispute The Charges And/Or Request A Chargeback Of Any Fee From Their Credit Card Processor Or Banking Institution.
D. Term And Termination. Subscribers Agree To Sign Up For A Minimum Term Length Of 30 Days. Billing Will Be Collected Monthly, Or Annually (Collectively Referred To As “Term” Or “Terms”). All Amounts Are Earned When Received And Are Non-Refundable. The Agreement Will Continue For The Entirety Of The Term And Automatically Renew For Successive Periods Equal To The Term. Either Party May Terminate This Agreement At Any Time And For Any Reason Without Notice To The Other Party. If A Customer Terminates This Agreement Before The End Of The Current Term, The Customer Will Be Required To Pay The Remaining Amounts Due Through The End Of The Term And Are Not Entitled To A Refund Of Any Amount. Termination Or Expiration Of This Agreement Shall Not Affect Any Rights Or Obligations Of The Parties, Including The Payment Obligations Due Through The End Of The Term Or Which Have Accrued Up To The Date Of Such Termination Or Expiration. The Provisions Of Sections 5-10 Shall Survive Termination Or Expiration Of This Agreement. The Embed Code Will Be Deactivated At The End of The Term If Termination Is Requested.

E. Your Responsibility For Your Website: You Are Solely Responsible For The Assets On Your Site Having The Description Text and Videos Having Captions.

F. The Parties Agree To Submit The Dispute To Binding Arbitration By The Commercial Arbitration Rules Of The American Arbitration Association (“AAA”) Then In Effect. Except As Otherwise Provided Herein, The Arbitrator Shall Apply The Substantive Laws Of The Federal Judicial Circuit In Which Summit Recruiter Concepts LLC’s Principle Place Of Business Is Located, Without Regard To Its Conflict Of Laws Rules. Within Ten (10) Calendar Days After The Arbitration Demand Is Served Upon A Party, The Parties Must Jointly Select An Arbitrator With At Least Five Years of Experience In That Capacity And Who Has Knowledge Of And Experience With The Subject Matter Of The Dispute. If The Parties Disagree On An Arbitrator Within Ten (10) Calendar Days, A Party May Petition The AAA To Appoint An Arbitrator, Who Must Satisfy The Same Experience Requirement. In The Event Of A Dispute, The Arbitrator Shall Decide The Enforceability And Interpretation Of This Arbitration Agreement By The Federal Arbitration Act (“FAA”). The Parties Also Agree That The AAA’s Rules Governing Emergency Measures Of Protection Shall Apply instead of Seeking Emergency Injunctive Relief From A Court. The Arbitrator’s Decision shall be Final And Binding, And No Party Shall Have Rights Of Appeal Except For Those Provided In Section 10 Of The FAA. 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 at this moment Waives Any Right To Seek Or Recover Punitive Damages Concerning 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 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. If, For Any Reason, A Dispute Proceeds In Court Rather Than In Arbitration, The Parties, at this moment, Waive Any Right To A Jury Trial. This Arbitration Provision Shall Survive Any Cancellation Or Termination Of Your Agreement To Participate In Any Of Our Programs.

Miscellaneous: You Warrant And Represent To Us That You Have All Necessary Rights, Power, And Authority To Agree To These Terms And Perform Your Obligations Hereunder, And Nothing Contained In This Agreement Or In The Performance Of Such Obligations Will Place You In Breach Of Any Other Contract Or Obligation. The Failure Of Either Party To Exercise In Any Respect Any Right Provided For Herein Will Not Be Deemed A Waiver Of Any Further Rights Hereunder. If Any Provision Of This Agreement Is Found To Be Unenforceable Or Invalid, That Provision Will Be Limited Or Eliminated To The Minimum Extent Necessary So That This Agreement Will Otherwise Remain In Full Force And Effect And Enforceable. Any New Features, Changes, Updates, Or Improvements Of The Program Shall Be Subject To This Agreement Unless Explicitly Stated Otherwise In Writing. We Reserve The Right To Change This Agreement From Time To Time. Any Updates To This Agreement Shall Be Communicated To You. You Acknowledge Your Responsibility To Review This Agreement from time to time and be aware of any such changes. By Continuing To Participate In The Program After Any Such Changes, You Accept This Agreement, As Modified.

COPYRIGHT POLICY
We Require That Users Of The Service Respect The Copyright And Other Intellectual Property Rights Of All Third Parties.


PRIVACY
We Care About The Privacy Of Our Users. You Understand By Using The Service, You Consent To The Collection, Use, And Disclosure Of Your Personally Identifiable Information And Aggregate Data As outlined in Our Privacy Policy Below, And To Have Your Personally Identifiable Information Collected, Used, Transferred To Processed In The United States. You Acknowledge That You Provide Your Information At Your Own Risk. We Cannot Guarantee That Unauthorized Third Parties Will Never Be Able To Defeat Our Security Measures.


INDEMNITY
You Agree To Defend, Indemnify And Hold Us Harmless, Along With Our Parents, Subsidiaries, Agents, Affiliates, Customers, Vendors, Officers, And Employees, From And Against Any And All Claims, Damages, Obligations, Losses, Liabilities, Costs Or Debt, And Expenses (Including Reasonable Attorney’s Fees And Cost) Arising From (I) Your Use Of And Access To The Service; (II) Your Violation Of Any Term Of This Agreement; (III) Your Violation Of Any Third-Party Right, Including Without Limitation Any Right Of Privacy Or Intellectual Property Rights; (IV) Your Violation Of Any Applicable Law, Rule, Or Regulation; (V) Any Claim Or Damages That Arise As A Result Of Any Of Your User Content Or Any That Is Submitted Via Your Account.


NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE PRECEDING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SERVICE IS AT YOUR OWN RISK. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.


WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


THIRD-PARTY LINKS, SITES, AND SERVICES
The Service May Contain Links To Other Websites, Advertisers, Services, Special Offers, Or Other Events Or Activities That Are Not Owned Or Controlled By Us. Because We Have No Control Over Such Sites And Resources, You Acknowledge And Agree That We Are Not Responsible For The Availability Of Such External Sites Or Resources, And Does Not Endorse And Is Not Responsible Or Liable For Any Content, Advertising, Products, Or Other Materials On Or Available From Such Sites Or Resources. You Further Acknowledge And Agree That We Shall Not Be Responsible Or Liable, Directly Or Indirectly, For Any Damage Or Loss Caused Or Alleged To Be Caused By Or In Connection With the Use Of Or Reliance On Any Such Content, Goods, Or Services Available On Or Through Any Such Site Or Resource. You Understand These Terms Of Service, And Our Privacy Policy Below Do Not Apply To Your Use Of Such Sites. We Encourage You To Be Aware Of When You Leave The Service, And To Read The Terms And Conditions Privacy Policy Of Any Third-Party Website Or Service That You Visit.


LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY (I) CONCERNING THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES OVER (IN THE AGGREGATE) $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


Unless Otherwise Explicitly Stated, All Materials Found On The Service Is Solely Directed To Individuals, Companies, or other entities in the United States. The Service Is Controlled From Its Facilities In The United States. We Make No Representations That The Service Is Appropriate Or Available For Use In Other Locations. Those Who Access Or Use The Service From Other Jurisdictions Do So At Their Own Volition And Are Responsible For Compliance With All Applicable United States And Local Laws And Regulations, Including But Not Limited To Export And Import Regulations. You May Not Use The Service If You Are A Resident Of A Country Embargoed By The United States, Or Are A Foreign Person Or Entity Blocked Or Denied By The United States Government.


TERMINATION OF YOUR ACCOUNT AND THE SERVICE
We May Terminate Or Suspend The Service In Whole Or In Part Immediately, Without Prior Notice Or Liability, For Any Reason Or For No Reason, Including Without Limitation, If You Breach Any Of The Terms Or Conditions Of This Agreement. Upon Terminating Your Account, Your Right To Use The Service Will Immediately Cease.
All Provisions Of This Agreement, Which By Their Nature Should Survive Termination, Shall Survive Termination, Including, Without Limitation, Ownership Provisions, Warranty Disclaimers, Indemnity, And Limitations Of Liability.


GOVERNING LAW AND ARBITRATION
A. Governing Law. You Agree: (I) The Service Shall Be Deemed Solely Based In Florida; And (II) The Service Shall Be Deemed A Passive One That Does Not Give Rise To Personal Jurisdiction Over Us, Either Specific Or General, In Jurisdictions Other Than Florida. This Agreement Shall Be Governed By The Internal Substantive Laws Of The State Of Florida, Without Respect To Its Conflict Of Laws Principles. The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Is Expressly Excluded. You Agree To Submit To The Personal Jurisdiction Of A State Court Located In Clay County, Florida, Or The United States District Court For The State Of Florida, For Any Actions For Which We Retain The Right To Seek Injunctive Or Other Equitable Relief In A Court Of Competent Jurisdiction To Prevent The Actual Or Threatened Infringement, Misappropriation Or Violation Of A Our Copyrights, Trademarks, Trade Secrets, Patents, Or Other Intellectual Property Or Proprietary Rights, As Further outlined in The Arbitration Provision Below.
B. Arbitration. For Any Dispute With Us, You Agree To First Contact Us And Attempt To Resolve The Dispute With Us Informally. In The Unlikely Event That We Are Not Able To Resolve A Dispute It Has With You After Attempting To Do So Informally, We Each Agree To Resolve Any Claim, Dispute, Or Controversy (Excluding Any Claims We Have For Injunctive Or Other Equitable Relief) Arising Out Of Or In Connection With Or Relating To This Agreement, Or The Breach Or Alleged Breach Thereof (Collectively, “Claims”), By Binding Arbitration By The American Arbitration Association (“AAA”) Under The Commercial Arbitration Rules And Supplementary Procedures For Consumer Related Disputes Then In Effect For The AAA, Except As Provided Herein. Unless We Agree Otherwise, The Arbitration Will Be Conducted In The County Where You Reside. Each Party Will Be Responsible For Paying Any AAA Filing, Administrative And Arbitrator Fees In Accordance With AAA Rules. The Award Rendered By The Arbitrator Shall Include Costs Of Arbitration, Reasonable Attorneys’ Fees, And Reasonable Costs For Expert And Other Witnesses, And Any Judgment On The Award Rendered By The Arbitrator May Be Entered In Any Court Of Competent Jurisdiction. Nothing In This Section Shall Prevent Either Party From Seeking Injunctive Or Other Equitable Relief From The Courts As Necessary To Prevent The Actual Or Threatened Infringement, Misappropriation, Or Violation Of That Party’s Data Security, Intellectual Property Rights, Or Other Proprietary Rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


MISCELLANEOUS TERMS
A. No Agency; Waiver. No Agency, Partnership, Joint Venture, Or Employment Is Created As A Result Of This Agreement, And You Do Not Have Any Authority Of Any Kind To Bind Us In Any Respect Whatsoever. The Failure Of Either Party To Exercise In Any Respect Any Right Provided For Herein Shall Not Be Deemed A Waiver Of Any Further Rights Hereunder.
B. Notification. We May Provide Notifications, Whether Such Notifications Are Required By Law Or Are For Other Business Purposes, To You Via Email Notice, “Push” Notification On Your Mobile Device, Written Or Hard Copy Notice, Or Through Posting Of Such Notice On The Service, As Determined By Us In Our Sole Discretion. We Reserve The Right To Determine The Form And Means Of Providing Notifications To Users, Provided You May Opt Out Of Certain Means Of Notification As Described In This Agreement. We Are Not Responsible For Any Automatic Filtering You Or Your Network Provider May Apply To Email Notifications We Send To The Email Address You Provide Us.
C. Entire Agreement/Severability. This Agreement, Together With Any Amendments And Any Additional Agreements You May Enter Into With Us In Connection With The Service, Shall Constitute The Entire Agreement Between You And Us Concerning The Service. If Any Provision Of This Agreement Is Found To Be Unenforceable Or Invalid, That Provision Shall Be Limited Or Eliminated To The Minimum Extent Necessary So That The Agreement Shall Otherwise Remain In Full Force And Effect And Enforceable.
D. Assignment. This Agreement Is Not Assignable, Transferable, Or Sub Licensable By You Except With Our Prior Written Consent. We May Transfer, Assign Or Delegate This Agreement And Its Rights And Obligations Without Consent.

E. Contact. Please Contact Us With Any Questions Regarding This Agreement.