SUMMER FORREST VENTURES, LLC
A. SUMMIT – WAIVER OF LIABILITY AND RELEASE
B. GET NAKED SUBSCRIPTIONS – TERMS AND CONDITIONS
If you are purchasing a summit product, you agree to A. SUMMIT – WAIVER OF LIABILITY AND RELEASE. If you are purchasing a Get Naked Subscription, you agree to B. GET NAKED SUBSCRIPTIONS – TERMS AND CONDITIONS.
WAIVER OF LIABILITY AND RELEASE
I recognize that there are inherent risks involved in outdoor and recreational activities. In consideration of the services provided, I hereby release and hold harmless, Summer Forrest Ventures, LLC (“SFV”), Casa Morph, LLC, doing business as The Beach House Mexico (the “Casa”), the owners of the property upon which said activity is conducted, and their directors, trustees, officers, employees, agents and volunteers from any and all liability for injuries, including those resulting in death, and/or illnesses incurred while participating or attending any event or in any facility of SFV and/or the Casa.
By signing this document, the participant or legal guardian confirms that he or she has authority to sign, has read the entire document, and has understanding that the document waives certain rights of the person signing or the participant.
The undersigned authorizes SFV and the Casa to use and display any photographs or images of the participant taken while engaged in activities sponsored by either SFV or the Casa in any publication, multimedia production, display, advertisement or other publication. The undersigned releases and forever discharges SFV and the Casa, as well, as their agents, officers, volunteers and employees from any and all claims and demands arising out of or in connection with the use of said photographs / images.
I understand that the neither SFV nor the Casa is obligated to provide medical or hospital insurance for participants in activities with SFV or the Casa. I understand that any personal medical and hospitalization insurance available to my family will provide primary coverage and any medical and hospitalization coverage (subject to the exclusions, limitations and provisions in any applicable policy) which SFV or the Casa may have available will provide secondary or excess coverage. I agree to apply first for benefits from the personal hospitalization and medical coverage available to my family, if any, before applying for benefits that may be available from any medical and hospitalization coverage which SFV or the Casa may carry.
Medical Treatment Authorization:
I further understand that, in the event that the participant requires medical or dental treatment while engaged in activities with SFV or the Casa and is either a minor or physically unable to express consent, reasonable efforts will be made to contact the parent/guardian/emergency contact; however, if parent/guardian/emergency contact cannot be reached, I hereby consent and give permission to any director, trustee, officer, employee, agent or volunteer acting on behalf of SFV or the Casa as agent for me, to consent to any X-ray examination; injections; anesthesia; medical, dental or surgical diagnosis and treatment; and hospital care and treatment advised and supervised by a physician; surgeon, or dentist (as appropriate) licensed to practice under the law of the state where the services are rendered, either as an outpatient or in any hospital.
If requested no later than October 15, 2017, a refund will be processed, less the non-refundable amount of $1500. After that, no refunds will be issued.
Print Participant’s Name
Signature of Participant / Date Signed
Guardian / Emergency Contact Name and Phone #
B. GET NAKED SUBSCRIPTIONS
TERMS & CONDITIONS
By accessing the website at www.summerforrest.com (“the Site”) or by otherwise accessing any content found on the Site or by using any digital application of Get Naked Subscription or other digital application published by Summer Forrest Ventures, LLC (“SFV”) (each a “Digital Application”), you are entering into an agreement with SFV and agree to the terms that follow (the “Terms”). The Site is owned and operated by SFV. Terms last updated October 2017.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “SFV Content”), is copyright of SFV and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “SFV” name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from SFV. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of SFV Content
All SFV content is strictly for personal, non-commercial use only. You may retrieve and display SFV Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any SFV Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from SFV: reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of SFV Content; or modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of SFV Content (including as part of any library, archive or similar service) without the prior written consent of SFV; or remove the copyright or trade mark notice from any copies of SFV Content made under these Terms. Any use of SFV Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to [email protected] and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential. Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to SFV Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify SFV if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any SFV Content. You will provide SFV with accurate, complete registration information and inform SFV of any changes to such information. For the purpose of confirming your compliance with these Terms, SFV reserves the right to monitor and record activity on the Site and Digital Applications, including access to SFV Content.
Each registration and Get Naked Subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your Get Naked Subscription. SFV does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Get Naked Subscriptions and Cancellations
SFV offers different types of Get Naked Subscriptions. SFV reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.
SFV will make its’ best attempt to process your Get Naked Subscription promptly but does not guarantee that your Get Naked Subscription will be activated by any specified time. By submitting your payment and other Get Naked Subscription details, you are making an offer to us to buy a Get Naked Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a Get Naked Subscription Gift, the recipient of the gift) with access to the Get Naked Subscription. You will receive written confirmation when your Get Naked Subscription offer has been accepted (beginning the fulfillment of a Get Naked Subscription does not signify acceptance).
Unless specifically stated in any Get Naked Subscription offer or promotion when you place your Get Naked Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial Get Naked Subscription period (and of each renewal period thereafter), your Get Naked Subscription will automatically renew for the same Get Naked Subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial Get Naked Subscription period with an offer to renew your Get Naked Subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Get Naked Subscription at any time as set out below.
Unless specifically stated in any Get Naked Subscription offer or promotion when you place your Get Naked Subscription order, you have the right to cancel your Get Naked Subscription at any time. Please note that if your Get Naked Subscription includes a digital element, by placing your order you agree that we may start your Digital Get Naked Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.
If you exercise your right to cancel, unless the terms of any Get Naked Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount (of the Digital Get Naked Subscription only) before you cancelled. In this section references to “published” includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers. If applicable, any reimbursement will be settled as described in the “Fees and Payments” section below.
How to cancel
You may notify us of your wish to cancel your Get Naked Subscription by contacting customer service at [email protected]
SFV shall provide your Get Naked Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Get Naked Subscription). As further detailed above you have legal rights with regards to your Get Naked Subscription including the right to cancel. Should you have any inquiries please contact customer service at [email protected]
Fees and Payments
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Get Naked Subscription will be made clear to you on the Get Naked Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Get Naked Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Get Naked Subscription. We will always inform you in advance of any increase in the price of your Get Naked Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
As well as Get Naked Subscriptions, access to some SFV Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by SFV. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase a Get Naked Subscription or access to any other SFV Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Get Naked Subscription or SFV Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site or any Get Naked Subscription is terminated by SFV, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by SFV). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from SFV’s third party partners. In that event, your contract for such products will be with the third party partner and not with SFV.
If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.
You are responsible for all content you post.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to SFV and interaction between subscribers and SFV representatives (“Forums”). While SFV does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by SFV on a Forum. You may not:
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech.
- Post, link to or otherwise publish any Messages that infringe copyright.
- Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order.
- Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another subscriber or an employee of SFV.
- Post the same Message, or a very similar Message, repeatedly.
- Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic.
- Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”.
- Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security.
- Disguise the origin of any Messages.
- Impersonate any person or entity (including SFV employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity.
- Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component.
- Collect or store other subscribers’ personal data.
- Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless SFV from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
SFV has no control over individuals posting Messages on any Forum. SFV cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting SFV a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. SFV reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for SFV to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify SFV immediately by contacting customer service or by using the “Report Abuse” function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.
Changes to the Site and Digital Applications
SFV reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of SFV Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Get Naked Gift Subscriptions
SFV allows Get Naked Subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the Get Naked Gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the Get Naked Gift Subscription. Apart from that, these Terms will apply to the beneficiary of any Get Naked Gift Subscription, who may therefore use the Site and access any SFV Content only in accordance with these Terms, and all references to “your” or “you” (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the Get Naked Gift Subscription.
Liability and Indemnity
All SFV Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, SFV makes no warranty, express or implied concerning SFV Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. SFV expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will SFV, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if SFV has been advised of the possibility that such damages may arise. SFV does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of SFV or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by SFV exceed the amount, if any, paid by you to SFV for the particular Service to which the claim relates.
Upon SFV’s request, you agree to defend, indemnify and hold harmless SFV, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
SFV will not be held responsible for circumstances beyond its control.
SFV, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of SFV Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Additional Terms apply to your use of SFV Content.
- Changes to these Terms. SFV may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or SFV Content). Whenever the Terms are changed, SFV will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after SFV has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain SFV Content may be subject to additional terms and conditions.
- Advertising, Third Party Content and other Websites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. SFV is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. SFV is not responsible for the availability of these websites or their content.
- Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by SFV.
- Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
- Notices. Notices to SFV must be given in writing, by email, and sent to [email protected]
- Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court in the State of Colorado, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
- Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
- Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
SFV may terminate or suspend your access to SFV Content at any time. SFV may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any SFV Content) with or without cause by delivering notice to you. These rights of termination are in addition to all other rights and remedies available to SFV under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws of the State of Colorado. The parties irrevocably agree that the State of Colorado shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Colorado courts.
For the exclusive benefit of SFV, SFV shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country/state of your residence or, where these Terms are entered into in the course of your trade or profession, the country/state of your principal place of business.