Legal
These Terms of Service ("Terms") govern your access to and use of the Summit Audience Segments website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
By accessing this website or engaging Summit Audience Segments, LLC ("Summit," "we," "us," or "our") for any services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, users, and others who access or use our website. If you are using our services on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to this page with an updated date. Your continued use of our website following any changes constitutes acceptance of the revised Terms.
Summit Audience Segments provides the following categories of services:
The availability, pricing, and specific terms of each service are set forth in separate written agreements or statements of work between Summit and the client. These Terms provide a baseline framework that governs all such engagements in the absence of conflicting terms in a signed agreement.
All content, data, materials, and intellectual property on this website and in Summit's products and services are the exclusive property of Summit Audience Segments, LLC or its licensors, and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws.
This includes, without limitation:
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Summit intellectual property without our prior written consent. Limited use for personal, non-commercial reference is permitted provided all copyright and proprietary notices are retained.
All data licensed from Summit Audience Segments is subject to the following restrictions, which are incorporated into all data licensing agreements:
Important: Any breach of data usage restrictions may result in immediate termination of the data license, forfeiture of fees paid, and Summit pursuing all available legal remedies including injunctive relief and damages.
Summit Audience Segments operates in the healthcare data space and is committed to maintaining HIPAA-compliant data practices. All data we license is de-identified in accordance with applicable HIPAA standards and does not constitute Protected Health Information (PHI) as defined under HIPAA.
Clients and licensees who use Summit data in conjunction with their own data or systems that may involve PHI are solely responsible for ensuring their own HIPAA compliance. Summit makes no representation that use of our data in combination with other datasets will maintain HIPAA compliance, and each client must conduct its own compliance assessment.
Summit's data products are intended for use by healthcare advertisers and their agents. They are not intended for use in clinical decision-making, individual patient treatment, or any purpose that would require Summit to serve as a Business Associate under HIPAA.
Our website and services are provided on an "as is" and "as available" basis without warranty of any kind, express or implied. Summit expressly disclaims all warranties, including but not limited to:
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
To the maximum extent permitted by applicable law, Summit Audience Segments, LLC, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:
Summit's total aggregate liability for any claims arising under these Terms or related to our services shall not exceed the greater of (a) the total amount paid by you to Summit in the twelve months preceding the claim, or (b) one hundred dollars ($100).
These limitations apply regardless of the legal theory under which damages are sought and even if Summit has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Summit Audience Segments, LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration conducted in New York, New York. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
You agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
We reserve the right to terminate or suspend your access to our website and services at any time, with or without cause and with or without notice. Upon termination, your right to use our website and services immediately ceases.
Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnification, and limitations of liability.
Entire Agreement. These Terms, together with our Privacy Policy and any applicable data licensing agreement, constitute the entire agreement between you and Summit regarding your use of our website and services.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
Assignment. You may not assign these Terms or any rights hereunder without Summit's prior written consent. Summit may assign these Terms freely.
If you have questions about these Terms of Service, please contact us:
Summit Audience Segments, LLC
Email: info@summitaudiencesegments.com
For questions about data licensing agreements, data usage restrictions, or HIPAA compliance, please reach out to our team directly through our contact page.