Terms and Conditions Agreement
TERMS AND CONDITIONS
Last updated May 24, 2020
AGREEMENT TO OUR LEGAL TERMS
We are Summit Finance Capital ("Company,"
"we," "us," "our"), a
company registered in California, United States at 17401
Rancho St, , Encino, CA 91316. Our VAT number
is VAT-US-984532761.
We operate the
website summitfinancialcapital.com (the "Site"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively,
the "Services").
Use and Description Summit Financial Capital is an
innovative digital investment platform designed to help individuals secure
their financial future through a diversified approach that integrates
cryptocurrencies with traditional assets such as real estate, gold, and stocks.
Our website and app serve as a comprehensive financial ecosystem where users
can: Create and manage self-directed retirement portfolios (including crypto
IRAs) Invest in a range of vetted crypto and traditional investment products Monitor
performance and track financial growth with powerful analytics Access
professional tools for personalized wealth management Make secure, real-time
transactions with confidence Whether you're planning for retirement or
exploring modern investment opportunities, Summit Financial Capital empowers
you to take control of your financial destiny — all from a single, secure, and
user-friendly platform.
You can contact us by email
at Support@summitfinancialcapital.com or by mail to 17401 Rancho
St, , Encino, CA 91316, United States.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"),
and Summit Finance Capital, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you
by support@summitfinancialcapital.com, as stated in the email message. By
continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for
the Services.
We recommend that you print a copy of these Legal Terms for
your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. ADDITIONAL CLAUSE: DIGITAL ASSET RISK & ADVISORY
LIMITATION
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well
as the trademarks, service marks, and logos contained therein
(the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use
or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the "PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to:
- access
the Services; and
- download
or print a copy of any portion of the Content to which you have properly
gained access,
solely for your personal, non-commercial use or
internal business purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: Support@summitfinancialcapital.com. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
You are responsible for what you post or upload: By
sending us Submissions through any part of the Services you:
- confirm
that you have read and agree with our "PROHIBITED ACTIVITIES" and
will not post, send, publish, upload, or transmit through the Services any
Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the
extent permissible by applicable law, waive any and all moral rights to
any such Submission;
- warrant
that any such Submission are original to you or that you have the
necessary rights and licenses to submit such
Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and
- warrant
and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the
right to discontinue any products at any time for any reason. Prices for all
products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Cryptocurrency
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our 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 payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
7. REFUNDS POLICY
Please review our Return Policy posted on the Services prior
to making any purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
- Delete
the copyright or other proprietary rights notice from any Content.
- Attempt
to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
- Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
- Except
as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch
any unauthorized script or other software.
- Use a
buying agent or purchasing agent to make purchases on the Services.
- Make
any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
- Sell
or otherwise transfer your profile.
- Prohibited
Activities To ensure the integrity, security, and optimal functionality of
Summit Financial Capital’s platform, all users are required to abide by
the following Terms of Use. Engaging in any of the activities listed below
is strictly prohibited and may result in immediate account suspension,
termination, legal action, or reporting to relevant authorities. General
Prohibited Conduct: Users may not: Violate any applicable laws or
regulations, including securities, financial, privacy, or data protection
laws. Misrepresent personal identity or account ownership, including
creating multiple accounts or impersonating others. Sell, transfer, or
assign your account without prior written consent from Summit Financial
Capital. Access or use the platform for illegal, fraudulent, or
unauthorized purposes, including money laundering or financing of
terrorism. Exploit bugs, security flaws, or any part of the platform for
personal gain or to harm others. Engage in phishing, spamming, or
unauthorized promotion of products or services. Manipulate markets,
pricing algorithms, or other investment tools in a way that could mislead,
defraud, or harm other users. Investment-Related Prohibitions: Users may
not: Offer, promote, or solicit investments or products outside the scope
of what is officially provided and approved by Summit Financial Capital.
Interfere with the investment experience of others, including through
misinformation, fear tactics, or disruptive behaviors in community forums.
Attempt to withdraw funds before meeting platform-specific conditions,
including withdrawal limits, maturity periods, or minimum investment
retention rules (e.g., 30% early withdrawal restriction on principal
capital). Platform Misuse: Users are prohibited from: Disrupting,
overburdening, or attempting to interfere with platform operations,
systems, or infrastructure. Reverse-engineering, decompiling, or tampering
with platform code or any proprietary technology. Using automated tools or
bots to interact with the platform, including scraping, data mining, or
any form of digital exploitation. Uploading malicious software, such as
viruses, worms, or spyware. Infringing upon intellectual property rights,
including trademarks, copyrights, and other protected content. Advertising
and Commercial Use: Users may not: Use Summit Financial Capital's platform
to advertise or promote products, services, or external links without
prior written approval. Sell, rent, or sublicense platform access,
credentials, or content to third parties. Summit Financial Capital
reserves the right to investigate any violations and take legal or
technical actions as necessary to protect its interests, users, and
reputation. Your cooperation with our Terms & Conditions helps us
provide a secure and ethical environment where financial freedom can
flourish.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post
content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material
(collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the Services'
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us,
the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or
rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process,
and use any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should
not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right
and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://summitfinancialcapital.com/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed
in the United States.
14 TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you continue to use the Services and maintain active investments with
Summit Financial Capital.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR
LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL OR ENTITY, FOR ANY REASON OR NO REASON,
INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR IN ANY APPLICABLE LAW OR REGULATION.
We may, at our discretion, suspend or terminate your
account and delete any associated content or information at any time. If
termination or suspension occurs, you are prohibited from registering and
creating a new account under your name, a false or borrowed name, or the
identity of any third party, even if acting on their behalf.
In addition to suspension or termination, we reserve the
right to take appropriate legal action, including but not limited to civil,
criminal, and injunctive remedies.
Investment Termination Policy
Please note that investments are bound by their
designated cycle periods. Closing or liquidating an investment prior to the end
of its cycle is strictly discouraged and, if permitted, will incur:
- A
mandatory 70% tax penalty applied to the invested capital and any accrued
profits.
- The
forfeiture of certain compounding and reinvestment benefits associated
with the plan.
- A
review to determine whether the investment qualifies for a money-back
exception or is classified as a forfeited account.
Summit Financial Capital structures its plans to maximize
stability, compounding growth, and long-term returns for our clients. As such, early
closure is both economically disadvantageous to the investor and contrary to
the operational principles of our portfolio cycles.
For this reason, investments are effectively locked until
the cycle completes. Only upon maturity can funds be withdrawn freely and
without penalty, ensuring the integrity of the portfolio, the protection of
investor capital, and the delivery of promised ROI.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part
of the Services without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of the State
of California applicable to agreements made and to be entirely
performed within the State of California, without regard to its
conflict of law principles.
17. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or
us (collectively, the "Parties" and individually, a
"Party") shall be commenced or prosecuted in the state and
federal courts located in United State Of America, California,
and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
18. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE nine (9) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Services; (2)
breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
26. ADDITIONAL CLAUSE: DIGITAL ASSET RISK &
ADVISORY LIMITATION
Additional Clause: Digital Asset Risk & Advisory
Limitation Summit Financial Capital provides a platform that integrates
traditional investment opportunities with digital assets, including
cryptocurrencies. By using our services, you acknowledge and agree to the
following: Market Volatility Disclaimer Cryptocurrency and digital asset
markets are inherently volatile and speculative. The value of these assets can
fluctuate significantly in a short period. Investments made through our
platform are at your sole risk, and you accept full responsibility for any gain
or loss. No Financial Advice All information provided through Summit Financial
Capital’s website, mobile app, communication channels, or staff is for
informational purposes only. We do not provide personalized financial, legal,
tax, or investment advice. You are encouraged to consult with licensed
financial advisors before making investment decisions. Self-Directed Investment
Investment choices are made solely by the user. While we offer tools, plans, and
portfolio suggestions, these do not constitute professional financial advice or
guaranteed outcomes. Users bear complete responsibility for the selection and
performance of their investment portfolios. Technology and Service Uptime From
time to time, system upgrades—including those related to blockchain nodes,
mining optimization, and asset security—may cause temporary service
interruptions. While we strive to minimize downtime, we are not liable for any
losses, disruptions, or delays arising from scheduled or unscheduled
maintenance, cyberattacks, or third-party service disruptions. Security
Acknowledgement Users are responsible for maintaining the confidentiality of
their credentials and for any activity conducted under their account. While we
implement best-in-class security practices (including cold storage, SSL,
encryption, and 2FA), no digital system is immune to breaches. Jurisdictional
Limitations Our services may not be available or suitable for users in certain
jurisdictions. By using our platform, you confirm that you are legally
authorized to engage in investment activities in your region.
27. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
Summit Finance Capital
17401 Rancho St,
Encino, CA 91316
United States
support@summitfinancialcapital.com