Summit Junto Terms of Service
Last modified: March 2023
Data and Information Protection We Collect or You Provide Us
Personal information is collected when a Visitor of the Sites or Member provides such information knowingly through registration or a contact form, from third parties and referrals, and passively through technology such as cookies. Personal information includes personal data, contact information, company and business information, and interpersonal information.
- "Personal Data" means data that allows someone to identify or contact You, including, for example, Your name, address, telephone number, e-mail address, as well as any other non-public information about You that is associated with or linked to any of the foregoing data.
- We may collect Personal Data from You, such as Your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when You create an Account to log in to our network.
- If You order Services on the Sites, we will collect all information necessary to complete the transaction, including Your name, credit card information, billing information and shipping information.
- We retain information on Your behalf, such as files and messages that You store using Your Account.
- If You provide us feedback or contact us via e-mail, we will collect Your name and e-mail address, as well as any other content included in the e-mail, in order to send You a reply.
- When You participate in one of our surveys, we may collect additional profile information.
- When You post messages on message boards of the Sites, the information contained in Your posting will be stored on our servers and other users will be able to see it.
- We also collect other types of Personal Data that You provide to us voluntarily, such as Your operating system and version, product registration number, and other requested information if You contact us via e-mail regarding support for the Services.
- We may also collect Personal Data, such as at other points in the Sites that state that Personal Data is being collected.
- To make the Sites and Services more useful to You, our servers (which may be hosted by a third party service provider) collect information from You, including Your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for Your visit.
- Also, please note that the Sites may contain links to third party websites. These third party websites may send their own cookies to collect data and solicit personal information. Therefore, we cannot guarantee Your privacy when visiting such third party sites, nor the accuracy or acceptability of any services provided by such third parties.
- When users submit sensitive information via the Sites (such as credit card numbers or social security numbers), that information is encrypted and is protected with SSL encryption software.
Uses of Your Information
We use the Personal Data that we receive to operate the Sites, produce our Events, and in certain other ways, including:
- to facilitate the creation of and secure Your Account on our network;
- to identify You as a user in our system;
- provide improved administration of the Sites and Services;
- provide the Services You request;
- improve the quality of experience when You interact with the Sites and Services;
- send You a welcome e-mail to verify ownership of the e-mail address provided when Your Account was created;
- send You administrative e-mail notifications, such as security or support and maintenance advisories;
- respond to Your inquiries related to employment opportunities or other requests;
- to make telephone calls to You, from time to time, as a part of secondary fraud protection or to solicit Your feedback;
- to send newsletters, surveys, offers, and other promotional materials related to our Services and for our other marketing purposes; and
- any other use permitted by applicable law in furtherance of us, our Sites, or Events.
We do not rent, sell, or share Your personal information with any other entity, except when:
- We have Your permission; or
- We respond to subpoenas, court orders, or other legal process; or when we must exercise our legal rights, protect our property, defend against legal claims, or otherwise comply with the law, or
You order tickets to an Event and other items on line at the Sites, and Your order is processed in collaboration with a third party company, which are instructed to not share or sell Your information.
Summit Junto may at times contact You at Your email address to keep You informed about local events, announcements, and other related opportunities. Should You not want to receive such information, You will find details about how to opt out the first time You are contacted.
In the unlikely event that Summit Junto is acquired or transferred, or changes entity status through any type of transaction (including an asset sale, merger or bankruptcy), the personal information will be among the transferred assets.
We reserve the right to remove a user from the Sites without notice at our discretion if there are reasonable grounds to believe You have breached any of the restrictions above.
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in Your country.
You can change Your personal information by contacting firstname.lastname@example.org. If You have any questions, please email email@example.com.
Event specific (both digital and live or in-person) terms relating to use of imagery, materials, quotations and release of rights.
- You understand that your attendance at any digital, online, in-person or hybridized event (the “Event”) may be photographed and/or recorded (either audio or video recordings, or both) by us, and that such photographs or recordings may include your photograph and recordings of your activities at the Event (collectively, and together with any presentation materials you submit to us, the “Materials”). By registering for and attending the Event, you give your consent to Summit Junto, and to anyone else whom it may authorize on its behalf, to: (a) photograph or make recordings of you, and to use, reproduce, store, display and/or redistribute the Materials, or portions thereof, in any media now known or later developed, for any lawful purpose in connection with the Event, including without limitation, internal and external promotion, advertising and purposes of trade; and (b) use your name, likeness, voice, identifying features and/or biographical information (together, “Personal Details”) in connection with the Event, including without limitation, to advertise and/or promote the Event in any media now known or later developed. For the avoidance of doubt, Summit Junto agrees it will not edit any Materials submitted by speakers in a manner that would be misleading or inconsistent with the original intent of the presentation. You also agree that, subject to applicable law, this consent is irrevocable and cannot be withdrawn after you submit this form.
- You further understand that Summit Junto may write and publish research regarding the Event, which may include a summary of the topics discussed and/or the views or opinions expressed by Summit Junto and other participants at the Event; provided, however, that Summit Junto will not directly quote any participant, nor attribute by name in its research any views or opinions expressed by a participant, unless the participant separately consents to same.
- If you are a speaker, you represent, warrant and covenant that: (a) Materials submitted by you (if any) and any statements that you make during your presentation, to the best of your knowledge, are accurate, and do not violate or infringe on any third party’s rights; and (b) you have all rights necessary to grant to Summit Junto all of the rights and permissions set forth in this form, without the need for any assignments, releases, consents, approvals, or other rights not yet obtained.
- You acknowledge and agree that Summit Junto is not acting as your adviser and is not assuming a duty of care to you, and that none of the information provided to you by Summit Junto in connection with the Event is financial advice, professional advice, or a recommendation to purchase, hold, sell or otherwise transact in any financial instrument or to engage in any exercise, practice or purpose. You also agree that Summit Junto is not making any promises or warranties relating to the information we may provide in connection with the Event, that you are not relying on any such information, and that Summit Junto accepts no liability in connection with the event or the provision of information in connection with the Event.
- You agree that you will not bring any action against Summit Junto arising out of: (a) the Event; (b) any information provided to you in connection with the Event; and/or (c) the permissions granted in this form.
Our Limits on Liability Events, During Use of the Site, other Summit Junto Services
- Summit Junto disclaims liability arising out of use of the Sites, attendance at an event, or any Summit Junto affiliated activity. In no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, lost registration fees, profits, goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the Site or the services (including Your attendance at one of our events), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites.
- Without limiting the foregoing, we do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Sites and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the information on the Sites itself will be free from errors or omissions. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
- Access to the Sites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. All content and services on the Sites are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty, and hereby disclaim all express or implied warranties, in respect of the Sites or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Sites, including without limitation the implied warranties of non-infringement, merchantability, data accuracy, fitness for a particular purpose and quiet enjoyment. Any decisions or action taken by You on the basis of information provided on or via the Sites are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
CONDUCT ON THE SITES
- defame, abuse, harass, harm or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous, or indecent language or images;
- advertise or sell to or solicit others;
- use the Sites for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus or other harmful component;
- restrict or inhibit any other user from using and enjoying the services or features of the Sites;
- restrict or inhibit any other user from using and enjoying the services or features of the Sites;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Sites;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites;
- gain, or attempt to gain, unauthorized access to the Sites, or any account, computer system, or network connected to this Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites; and
- gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites.
i) You alone are responsible for the confidentiality and security of Your account, username, password and usage. You are also accountable for all activities regarding Your account, with or without Your knowledge or permission. If You knowingly provide Your log-in information to another person, Your membership may be suspended temporarily or terminated. Summit Junto assumes no liability for activities of Your account accessed through Your password and username. You may not use the Sites for any illegal purpose in any country or jurisdiction. You agree to notify us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or account information. j) You are not permitted to post content or initiate any communications that we, in our sole and absolute discretion, consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable. k) It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental.
UNAUTHORIZED USES OF INTELLECTUAL PROPERTY
- You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content of the Sites or our materials provided or displayed at an Event, other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of the Sites’ content to Your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
- We retain the rights to all staff photography and video footage during an Event.
- Any use other than that permitted under this clause may only be undertaken with our prior express authorization.
Summit Junto attendee lists and contact information are provided exclusively to event registrants and meant to encourage genuine, one-to-one communication. The "mining" and use of Summit Junto attendee lists for unwelcome business development and / or mass solicitation is strictly prohibited at all times, and doing so will result in a DNI (Do Not Invite) status henceforth.
Community Guidelines regarding complaints, discrimination, harassment or retaliation.
Summit Junto strives to create and maintain a community in which people are treated with dignity, decency and respect. The environment of the community should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Summit Junto will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, Summit Junto will seek to prevent, correct and discipline behavior that violates this policy.
All employees and members of our community, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee or member who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination of employment or membership.
Managers, supervisors and other members who knowingly allow or tolerate discrimination, harassment or retaliation, including the failure to immediately report such misconduct to human resources (HR), are in violation of this policy and subject to discipline.
Prohibited Conduct Under This Policy
Summit Junto, in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
It is a violation of Summit Junto’s policy to discriminate in the provision of employment or membership opportunities, benefits or privileges; to create discriminatory work or member conditions; or to use discriminatory evaluative standards in employment or membership if the basis of that discriminatory treatment is, in whole or in part, the person's race (including hairstyle/texture), color, national origin, age, religion, disability status, sex, sexual orientation, gender identity or expression, genetic information or marital status.
Discrimination of this kind may also be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967 and the Americans with Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.
Discrimination in violation of this policy will be subject to disciplinary measures up to and including termination or expulsion from the community.
Summit Junto prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an employee, co-worker, member, speaker, facilitator or any person working for, consulting or providing services of any kind or on behalf of Summit Junto.
The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
- Verbal harassment includes comments that are offensive or unwelcome regarding a person's national origin, race, color, religion, age, sex, sexual orientation, pregnancy, appearance, disability, gender identity or expression, marital status or other protected status, including epithets, slurs and negative stereotyping.
- Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital status or other protected status.
Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under Summit Junto's anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ... when ... submission to or rejection of such conduct is used as the basis for employment decisions ... or such conduct has the purpose or effect of ... creating an intimidating, hostile or offensive working environment."
Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
- Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
- Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets and Internet postings; or other forms of communication that are sexual in nature and offensive.
- Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault.
Courteous, mutually respectful, pleasant, noncoercive interactions between employees and / or community members that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.
No hardship, loss, benefit or penalty may be imposed on an employee or member in response to:
- Filing or responding to a bona fide complaint of discrimination or harassment.
- Appearing as a witness in the investigation of a complaint.
- Serving as an investigator of a complaint.
Lodging a bona fide complaint will in no way be used against the employee or member or have an adverse impact on the individual's employment or membership status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.
Any person who is found to have violated this aspect of the policy will be subject to discipline up to and including termination of employment or membership.
All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the HR director will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be maintained in secure files within the HR department.
Summit Junto has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The company will treat all aspects of the procedure confidentially to the extent reasonably possible.
- Complaints should be submitted as soon as possible after an incident has occurred, preferably in writing to firstname.lastname@example.org . The HR director may assist the complainant in completing a written statement or, in the event an employee refuses to provide information in writing, the HR director will dictate the verbal complaint.
- Upon receiving a complaint or being advised by a supervisor or manager that violation of this policy may be occurring, the HR director will notify senior management and review the complaint with the company's legal counsel.
- The HR director will initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
- If necessary, the complainant and the respondent will be separated during the course of the investigation, either through internal transfer or administrative leave.
- During the investigation, the HR director, together with legal counsel or other management employees, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.
- Upon conclusion of an investigation, the HR director or other person conducting the investigation will submit a written report of his or her findings to the company. If it is determined that a violation of this policy has occurred, the HR director will recommend appropriate disciplinary action. The appropriate action will depend on the following factors:
a) the severity, frequency and pervasiveness of the conduct; b) prior complaints made by the complainant; c) prior complaints made against the respondent; and d) the quality of the evidence (e.g., firsthand knowledge, credible corroboration).
If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the HR director may recommend appropriate preventive action.
- Senior management will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the HR director and other management staff as appropriate, and decide what action, if any, will be taken.
- Once a final decision is made by senior management, the HR director will meet with the complainant and the respondent separately and notify them of the findings of the investigation. If disciplinary action is to be taken, the respondent will be informed of the nature of the discipline and how it will be executed.
Alternative legal remedies
Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state or federal agencies or the courts.
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
We (hereinafter, “Summit Junto”) are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with Summit Junto through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Summit Junto in other contexts.
User Agreement to Receive Text Messages. You agree to receive SMS mobile messages from Summit Junto at the phone number you provided when you signed up for your subscription, and any additional or updated phone number you provide as a contact number in connection with your subscription. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your subscription, and you understand that your consent to receive these messages is not required to make any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Summit Junto are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out. If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Summit Junto in order to opt out of the Program. You also may email Summit Junto with your phone number and the subscription for which you wish to opt out of the Program at email@example.com. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Summit Junto of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Summit Junto, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD SUMMIT JUNTO HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH YOUR DUTY TO NOTIFY SUMMIT JUNTO IN ACCORDANCE WITH THIS SECTION, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM SUMMIT JUNTO ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description. Without limiting the scope of the Program, users can expect to receive messages concerning the management of the user’s digital subscription, events, available products and services, and special promotions.
Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Program.
Support Instructions. For support regarding the Program, text “HELP” to the number you received messages from our email at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9.1) In the event that there is a dispute, claim, or controversy between you and Summit Junto or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to the Program, federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined through binding arbitration or, if applicable, in small claims court.
9.2) Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules, of then in effect. Except as otherwise provided herein, this arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and the arbitrator shall apply the substantive laws of Delaware, 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’ experience as an arbitrator and have experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, under the applicable rules, who must satisfy the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the “FAA”. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. If allowed for by the applicable rules, 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. Unless expressly allowed for by applicable law, 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 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 hereby 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 Summit Junto 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 to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
COVID-19 Liability Policy
Summit Junto, LLC (“Summit Junto”) puts on a series of invitation-only events (“Event” or “Events”), fostering a global community of entrepreneurs, academics, athletes, artists, astronauts, authors, chefs, engineers, explorers, philanthropists, spiritual leaders, scientists, and beyond. The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person, relevant governmental authorities have set recommendations, guidelines, and some prohibitions (“regulations”) to encourage and protect the health and safety of the public. Summit Junto intends to comply with such regulations and expects the same of its Event attendees. Despite this adherence to these regulations, it is still possible for COVID-19 to transmit person-to-person.
Summit Junto reserves the right to enforce COVID-19 vaccination as well as test Event attendees on-site for COVID-19. Summit Junto reserves the right to send home any Event attendee (staff or participant) who tests positive for COVID-19 on-site regardless of whether or not such attendee presents with any COVID-19 symptomology. Summit Junto reserves the right to send home any staff member or attendee who: (a) exhibits COVID-19 symptoms and refuses to see on-site medical staff for assessment/additional testing, or (b) exhibits COVID-19 symptoms and tests positive upon additional testing. Credits (not cash refunds) will be issued for anyone who is unable to participate in part or in full at any Event due to COVID-19.
Should a staff member or attendee exhibit COVID-19 symptoms on-site at an Event, said staff member or attendee will be subject to a health screening/assessment/additional COVID-19 test performed by a hired medical professional. Should the subject individual refuse to be screened/re-tested, that individual will be asked to leave the Event (and will be issued a credit, if applicable).
Should a staff member or attendee test positive for COVID-19 on site, whether upon arrival or upon re-testing at any point throughout the Event, that individual will be asked to leave immediately and provided with local options for lodging (and will be issued a credit, if applicable).
Summit Junto will be abiding by local laws and reserves the right to institute additional health and safety requirements or adjust the requirements herein should legal requirements and/or local circumstances so require.
We reserve the right to amend these Terms of Service at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time. For information about how to contact Summit Junto, please visit our contact page.