WELCOME TO SUMMERSALT.COM! SUMMERSALT, INC., A DELAWARE CORPORATION AND ITS AGENTS (collectively “Summersalt”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”).  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website, you agree to these Terms of Use.  Summersalt reserves the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT hello@summersalt.com.

 

Please see the Summersalt FAQs at https://www.summersalt.com/pages/faqs for a plain-language explanation about how Summersalt works and how a customer can place an order for products within a collection.

 

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and Summersalt.  By clicking the “I accept the Terms of Use” button when you place an order or submit a custom order submission, you agree to be and hereby are bound by the terms and conditions of these Terms of Use (hereafter “Terms”).  If you do not agree to these Terms, you cannot make a submission.

 

General Use Restrictions:  Summersalt or third parties granting rights to Summersalt hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Summersalt or such third parties. Summersalt grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Summersalt.

In Summersalt’s efforts to promote good citizenship within the Internet community, if Summersalt becomes aware of inappropriate use of the website or any of its Services (defined below), Summersalt will respond in any way that, in its sole discretion, Summersalt deems appropriate.  You acknowledge that Summersalt will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When requested, Summersalt will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

 

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”).  You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post.  You understand and agree that Summersalt may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Summersalt violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Summersalt.  You agree that under no circumstances will Summersalt be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Summersalt.

 

When you post User Content to the website, you authorize and direct Summersalt to make such copies thereof as Summersalt deems necessary in order to facilitate the posting and storage of the User Content on the website.  By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to Summersalt an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  Summersalt reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the website.

 

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Summersalt all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Summersalt or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person.  Summersalt does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.  Summersalt does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and Summersalt will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights.  Summersalt may terminate your access to the website if you are determined to be a repeat infringer.  A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice.  Summersalt also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  Summersalt may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at Summersalt’s sole discretion.

 

By visiting Summersalt’s site and/or purchasing something from us, you engage in our services (collectively “Service”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink.  These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Content.

 

Online Store Terms:  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Summersalt your consent to allow any of your minor dependents to use this site.

 

You may not use Summersalt’s products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature to Summersalt.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Account:  Use of this Site may require you to provide certain registration details, payment or other information to create an account (“Account”).  It is a condition of your Use of the Site that all the information you provide is correct, current, and complete.  You agree that all information you provide to register an Account or otherwise is governed by Summersalt’s Privacy Policy.  Summersalt has the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Modifications to the Service and Prices:  Prices for Summersalt’s products and services are subject to change without notice.  Summersalt reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.  Summersalt shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Products and Services:  All products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only in strict adherence to Summersalt’s Return Policy.

 

Summersalt has made every effort to display as accurately as possible the colors and images of Summersalt products’ appearance on the website.  Summersalt cannot guarantee your computer monitor’s display of any color and image will be accurate.

 

Summersalt reserves the right, but is not obligated, to limit the sales of Summersalt products or Services to any person, geographic region or jurisdiction. Summersalt may exercise this right on a case-by-case basis.  

 

Summersalt reserves the right to limit the quantities of any products or services that Summersalt offers at any time.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Summersalt. Summersalt reserves the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited. Summersalt does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Summersalt provides resources that can assist you with your purchase.  These resources include, but are not limited to the “Fit Guide,” the “Butt Coverage Guide,” “hair quiz,” contacting the “Fit Squad,” and Frequently Asked Questions (FAQ).  Although Summersalt offers these resources to assist you, they are not responsible for each resource’s use, maintenance, accuracy, and any resulting misguidance when placing a Product Order purchase.  Summersalt is not liable for any sizing inaccuracies based upon the application of these resources and you acknowledge that the sizes, shapes and volumes of ordered products may be inconsistent based on the shape, material, and type of product ordered.

 

Purchases:  Summersalt may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  If Summersalt changes or cancels an order, Summersalt may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  Summersalt reserves the right to limit or prohibit orders that, in Summersalt’s sole judgment, appear to be placed by dealers, resellers or distributors.

 

All prices, discounts, and promotions posted on the website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made with Summersalt.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Summersalt can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy.

 

Payment:  Accepted forms of payment include most major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER), PayPal, Amazon Pay and QUADPAY for all purchases.  You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, and (iii) charges incurred by you will be honored by your credit card company or similar.

 

Privacy:  Summersalt’s privacy policy is available at https://www.summersalt.com/pages/privacy-notice.

 

Returns:  Summersalt’s return policy is available at https://www.summersalt.com/pages/return-exchanges.

 

Sale: Item exclusions apply.  Exchanges only, no returns. 

 

Title and Risk of Loss:  Your order of the products is an offer to purchase the products.  Summersalt accepts your offer by shipping the products to you.  Summersalt may decline your offer for any reason, with or without notice to you.  The risk of loss and title for all products passes to you upon our delivery of the products to a common carrier, including, but not limited to DHL, FedEx, UPS, or USPS.  In the case of a return, you will retain title to any returned products and risk of loss of such products will remain with you until Summersalt has received the returned products and confirmed the products to be in their original condition as specified in these Terms.

 

Third Party Interaction and Links to Third Party Websites:  In your use of this website, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this website.  Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that Summersalt has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

Summersalt does not endorse or warrant any third-party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.

 

This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Summersalt.  Such links do not constitute an endorsement by Summersalt of any such websites. 

 

You acknowledge that Summersalt is providing these links to you only as a convenience, and you agree that Summersalt is not responsible for the content or links displayed on such websites to which you may be linked.  Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

 

You agree that Summersalt shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Summersalt is under no obligation to become involved.  If you have a dispute with one or more users, you hereby release Summersalt from any and all liability associated with such dispute.

 

Rewards:  Rewards and prizes received from this website constitute taxable income for purposes of US federal and state income tax.  You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income.  By accepting any reward from this website, you agree to report and pay the taxes associated with such reward.  Any rewards and prizes will be based on availability.

 

Blogs:  The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Summersalt.  Summersalt is not responsible for the accuracy of any of the information supplied by bloggers.  Summersalt is not responsible for any offense caused inadvertently through interpretation of grammar, punctuation, or language.  Bloggers must only use the English language.

 

Registration:  You may view content on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with Summersalt and select a screen name (“User ID”) and password.  You shall provide accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.  You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.  Summersalt reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website.  You shall never use another User account without the other User’s express permission.  You will immediately notify Summersalt in writing of any unauthorized use of your account, or other known account-related security breach.

 

Intellectual Property:  Unless otherwise noted, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by Summersalt, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms permit you to use the Site for your personal, non-commercial use only.  You may download or copy Contents from our Site for your personal, non-commercial use only.  No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without Summersalt’s express written consent.  Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.  Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.

 

In accordance with the Digital Millennium Copyright Act, Summersalt has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others.  Summersalt also may terminate user accounts even based on a single infringement.

 

User Comments, Feedback and Other Submissions:  If, at Summersalt’s request, you send certain specific submissions (for example contest entries) or, without a request from Summersalt, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Summersalt may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide.  Summersalt are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

Summersalt may, but has no obligation to, monitor, edit or remove User Content that Summersalt determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Summersalt or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  Summersalt takes no responsibility and assumes no liability for any comments posted by you or any third party.

 

Disclaimer of Warranties:  Your use of this website is at your own risk.  This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website.  The materials, products offered, or Services offered have not been independently verified or authenticated in whole or in part by Summersalt.  Summersalt does not warrant the accuracy or timeliness of the materials, product deliveries, or class times offered and ultimately available.  Summersalt has no liability for any errors or omissions in the materials, product offerings, or class schedules, whether provided by Summersalt or third parties.

 

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY.  SUMMERSALT, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE.  ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED.  SUMMERSALT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF SUMMERSALT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, SUMMERSALT DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER SUMMERSALT, ANY SUMMERSALT AFFILIATES, NOR ANY OF SUMMERSALT’S OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Inaccuracies or Errors:  The descriptions, pictures and other representations of products on this website may contain inaccuracies and errors.  Summersalt does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of products or the cost to execute a submission offered through this website may change without notice to you at any time in Summersalt’s or a third party’s sole discretion.  Summersalt or a third party shall have the right to refuse or cancel any orders placed for product listed at an incorrect price or placed for a donation to a submission if the cost to execute such submission is determined to be incorrect or inaccurate.

 

Local Laws & Export Control:  Summersalt controls and operates this website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations other than Canada and Australia.  Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America, Canada or Australia.  If you use this website from outside the United States of America, Canada and Australia, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.  You represent and warrant that you are buying products or services from Summersalt for your own personal or household use only, and not for resale or export.  You further represent and warrant that all purchases are intended for final delivery to locations within the US, Canada and Australia.

 

Force Majeure:  Summersalt will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, or inability, or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.

 

Trademarks and Images:  The trademarks, logos, and service marks, including those products denoted with ^TM, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of Summersalt, its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, Summersalt or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this website.  Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Summersalt, its affiliate, or the applicable third party.  Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms, is strictly prohibited.  You are advised that Summersalt will aggressively enforce its intellectual property rights over the website and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.

 

Severability:  In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  This determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination:  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms are effective unless and until terminated by either you or Summersalt.  You may terminate these Terms at any time by notifying Summersalt that you no longer wish to use our Services, or when you cease using our site.

 

If in Summersalt’s sole judgment you fail or Summersalt suspects that you have failed to comply with any term or provision of these Terms, Summersalt may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Summersalt Services (or any part thereof).

Assignment:  You will not assign any of your rights or delegate any of your obligations under these Terms without Summersalt’s prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.

 

Notice:  Summersalt may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to this Site.  Notices sent by email will be effective when Summersalt sends the email and notices Summersalt provides by posting will be effective upon posting.  It is your responsibility to keep your email address current.

 

To give Summersalt notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Summersalt, Inc., 201 S. Central Ave., Third Floor, St. Louis, Missouri 63105 USA.  Summersalt may update the facsimile number or address for notices to Summersalt by posting a notice on the Site.  Notices provided by personal delivery will be effective immediately.  Notices provided overnight courier will be effective one business day after they are sent.  Notices provided by registered or certified mail will be effective three business days after they are sent.

 

Entire Agreement:  Summersalt’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by Summersalt on this website or in respect to the Service constitutes the entire agreement and understanding between you and Summersalt and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Summersalt (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Terms of Use Revisions:  Summersalt may revise these Terms at any time without notice by updating this posting.  Your continued use of the website after such modifications have been made will constitute your acceptance of all revised Terms.

 

Applicable Law:  If you are located in the United States or Canada, any action related to these Terms or any dispute under any agreement with Summersalt will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction.  If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in St. Louis, Missouri and the parties shall share, equally, the cost of such mediation.  If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms and/or your use of the website.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.

 

If you are located in Australia, any action related to these Terms or any dispute with Summersalt will be governed by and construed and interpreted in accordance with the laws of New South Wales, Australia without regard to choice or conflict of laws rules.  The United Nations Convention on the International Sales of Goods is expressly disclaimed from these Terms and all orders, and the parties agree that it shall have no force or effect.  If you are located in Australia, any legal action or proceeding related to these Terms shall be brought before the courts located in the State of New South Wales, Australia.

 

Indemnification for Unauthorized Activities:  Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.  You alone are responsible for your actions or the actions of any person using your username and/or password.  As such, you shall indemnify and hold Summersalt harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

 

Text Terms and Conditions: 

By joining via text, you agree to receive recurring automated marketing messages from Summersalt at the cell number used to send the Join text. Consent is not a condition of any purchase. Only valid for U.S. phone numbers. Msg & data rates may apply. View Terms & Privacy.

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Summersalt at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.

 

Referral Program Terms and Conditions:

For the Referrer

How to Earn a Referrer Reward: The Referrer may earn a Referrer Reward toward future Summersalt purchases if a Referred Customer clicks on the Referrer’s Referral Link, uses the code present in the pop up, and places an order using said code on Summersalt.com. The Referrer Reward will be granted to the Referrer within 7 days of the Referred Customer placing an order on Summersalt.com. Referrer is limited to referring up to fifty (50) friends or family members. You may only share your personalized referral link with those you know personally. They may not be posted in social media comments or on coupon sites. Violation of these terms may result in cancellation of all rewards.

 

For the Referred Customer

To receive the Referred Customer Reward, the Referred Customer must click on the Referrer’s Referral Link and place an order on Summersalt.com using the code present in the pop-up on the Summersalt.com site. The code is valid for one-time use only.  

 

Exclusions: Each Reward is non-transferable, not valid for cash or cash equivalent, cannot be combined with other offers. Each of the Referrer and the Referred Customer is responsible for any and all tax liability resulting from any reward. Each Reward may be redeemed on Summersalt.com only and may not be applied to any prior purchases, taxes, shipping and delivery charges, or toward the purchase of gift cards. Multiple referral credits cannot be used during a single purchase. Unfortunately, we are unable to provide referral credit to any unofficial referrals that occurred prior to the start of this program on July 1, 2020. The use of multiple accounts, email addresses, online identities or aliases to circumvent the eligibility requirements is prohibited and may result in cancellation of all rewards.

Copyright © 2020.  Summersalt, Inc.  All rights reserved.

 

We hope you enjoy receiving e-mail notes and updates from Summersalt.com.  If you do not wish to receive e-mail messages from Summersalt.com, please e-mail us at hello@summersalt.com.