Terms of Use and Conditions
Last updated: March 5, 2019
This website and/or all related mobile applications, social media pages, micro-sites, blogs, and services offered by Almond Summers and its subsidiaries or affiliates (collectively, the “Site”, “Service”, “AlmondSummers.com”) are owned and operated by Almond Summers, as a service to our customers. This agreement sets forth the legal binding terms and conditions for your use of this website. By participating in the use of our website, establishing a membership, subscribing to our email subscriptions and/or purchasing products and services you (“the user” or “you”) are agreeing to these Terms Of Use (“terms of use”), including those additional Terms and Conditions, Privacy Notice located http://www.AlmondSummers.com/privacy-policy.html and policies referenced herein and/or available by hyperlink. The term (“you” or “user”) shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Sites. This agreement applies to all of the users of the Services, including without limitation users who are Customers, Buyers, Commenters, Contributors of Content, Information and other materials or services on this Site.
Take a moment to review our defined Terms Of Use listed below and contact us with any questions or concerns. Contact Me here
By accessing or using the Site or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service or the Site. Leave the site immediately.
Acceptance of Terms
Please read these Terms of Use (“Terms”, “Terms and Conditions”, “Terms of Use” or “Terms of Service”) carefully before using the http://www.AlmondSummers.com website (the “Site”, “Service”, “Use”) operated by Almond Summers including the terms referring to us throughout the site (“Almond”, “us”, “we”, “her”, “She”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Almond Summers reserves the right to modify these Terms and Conditions, Terms of Use, Terms of Service, Privacy Policy and other site policy links and note the updated calendar dates (at the time of each revision) at anytime without written notice, prior notice or posting updates to the Site. It is your responsibility to review these terms periodically for updates and you acknowledge that you will regularly visit to familiarize yourself with any updates and modifications. By continuing to use the Site you confirm and accept that you have read and agree to be bound by any and all updated terms. When signing up for an account on the Site it is your responsibility to read the terms prior to advancing use of the Site.
Electronic Communications
Almond Summers communicates to all users, including but not limited to all Users, Customers, and/or participants using the site through electronic communication. You consent to receive communication from Almond Summers also known as AlmondSummers.com in an electronic form. You agree that all Terms and Conditions, Terms of Use, Terms of Service, Privacy Policy, disclosures, notifications, site and policy updates and other communications that we provide to you electronically, satisfy any legal requirement that such communication would satisfy if they were in writing on paper and/or other forms and sent to you the user.
Privacy Notice
We encourage you to review her Privacy Policy for important frequently updated disclosures. A copy of our Almond Summers Privacy Notice that applies to the collection, use, disclosure and other processing of personal information is located at www.AlmondSummers.com/privacy-policy. You consent to any personal information we may obtain about you (either via the AlmondSummers.com Site, by email, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. AlmondSummers.com may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above. It is your responsibility to check periodically for any changes we make to the Privacy Notice, but if a revision, in our sole discretion, is material, AlmondSummers.com will notify you. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes. No changes to the Privacy Notice occurring after a dispute between you and AlmondSummers.com arises will apply retroactively.
General Account Access and User Membership Eligibility
ELIGIBILITY
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, truthful, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. By joining our site you agree that you are able to create a legal binding contract with us. Individuals under the age of 18 must at all times use AlmondSummers.com services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
ACCOUNT DISCLOSURE
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. AlmondSummers.com may, in our sole discretion refuse to offer access to Site Services or use of the Service to any person or entity and change its eligibility requirements at any time. This provision is void where prohibited by law and the rights to access the Service is revoked in such jurisdictions. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
Site and/or Service Conduct and Interference
GENERAL PROHIBITIONS
AlmondSummers.com provides you with the privilege of use of the Site and/or Services, which is subject to your compliance to the Terms of this agreement. We grant you limited license to access and make personal, noncommercial use of the Site and/or Services, unless specifically endorsed or approved by Almond Summers. You may not access the Site for any other purpose other than the legitimate comments or offered services in connection therewith, provided by AlmondSummers.com. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies. The following activities with respect to AlmondSummers.com are expressly prohibited on the Site and any Almond Summers Services constitutes the express violations of these Terms of Use.
Additionally you agree that you will NOT:
extract database or directory information, access, monitor or copy any portion of this Site by the use any robot, spider or scraper or other automated or manual means to access AlmondSummers.com for any purpose whatsoever
attempt to bypass or circumvent and gain access to any measure of AlmondSummers.com and/or Services designed to prevent or restrict access to the Site and/or Services, or any portions of the Sites and/or Services secured or unsecured that you do not have access rights to
tamper or interfere with the proper function of any app, webpage and/or any part of the Site and/or Services of AlmondSummers.com
interfere with Services to any user in any manner, including without limitation, by means of submitting a virus, to the Site by attempting to overload, flood, spam, mail bomb or crash the Site and/or Services
deep link to any portion of the Site
access data that is not intended for you, such as logging into a server or an account which you are not authorized to access
scan or monitor the Site to, test or breach security, gather data directly or indirectly or any information from the Site, including customer names, addresses, email addresses, for any purpose and/or in an effort to track sales, usage, aggregate offering information, pricing information or similar data, including, without limitation, commercial purposes
engage in unauthorized use of frames, framing techniques or framing technology to enclosed any content included on the Site, any customer content, meta tags or any other hidden text
intentionally divert traffic from the Site including without limitation to unauthorized commercial use, political and/or religious use or any other use to compete with AlmondSummers.com
facilitate content on the Site that threatening, abusive, harassing, fraudulent, criminal like, child pornography or any pornography, spamming, drug activity, gambling, vulgar, racist, copyright infringement, trafficking, fraud, trademark infringement, profanity, invasive of another persons privacy, rude or is otherwise deemed inappropriate by AlmondSummers.com and/or its Employees
infringe on any trademark, copyright, patent, delete the copyright or other proprietary rights notice from any contribution or any portion of the Site and/or Services
harass, annoy, intimidate, threaten, any employee or representative of AlmondSummers.com engaged in provided a Service
decipher, disassemble, decompile, or reverse engineer any of the software comprising or making up any part of the Site and/or Services
act illegally, maliciously or intentionally slander AlmondSummers.com or Almond Summers on the Site or any social media outlet, we reserve the right to terminate your account at will
steal the Site content to create a competing business
resale or use the Site or Service content commercially in any form
interfere with anyAlmondSummers.com store or business
modify, adapt or hack AlmondSummers.com or modify another website so as to falsely imply that it’s associated with AlmondSummers.com
CONTENT
If you do post User Content or submit material, and unless we indicate otherwise, you grant AlmondSummers.com a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant AlmondSummers.com and our sublicenses’ the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify AlmondSummers.com for all claims resulting from User Content you supply. AlmondSummers.com takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Intellectual Property
COPYRIGHT / TRADEMARKS
AlmondSummers.com® (Word and Design) Trademark are owned by AlmondSummers.com. The Site and Service and its original content, features and functionality are and will remain the exclusive property of AlmondSummers.com and its licensors. AlmondSummers.com, and other AlmondSummers.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of AlmondSummers.com in the U.S. and/or other countries. AlmondSummers.com trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of AlmondSummers.com or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of AlmondSummers.com or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without AlmondSummers.com’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without AlmondSummers.com’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
AlmondSummers.com (“Almond Summers”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act ( http://lcweb.loc.gov/copyright/legislation/dmca.pd…). We highly respect the intellectual property of others and we highly ask that you do the same. Almond Summers has reasonably implemented the policy that provides for the termination of inappropriate circumstances of website users or AlmondSummers.com members who are repeat copyright infringers. AlmondSummers.com in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide AlmondSummers.com Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent).
Provide us with:
your complete name, address and phone number
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf, with a physical signature
a description of the copyright work or other intellectual property that you claimed has been infringed, a representative list of this work at the other site and/or location
Send Claim to Our Agent Office:
Copyright Agent c/o
Almond Summers / Legal Department
9190 Olympic Blvd Suite 101
Beverly Hills California 90212 USA
Email (talk2almond (at) Outlook.com)
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AlmondSummers.com. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned, endorsed or controlled by AlmondSummers.com. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. AlmondSummers.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that AlmondSummers.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless AlmondSummers.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. AlmondSummers.com reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Employee. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Employees. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Limitation Of Liability
In no event shall AlmondSummers.com, nor its brands, directors, employees, partners, agents, suppliers, third-party content providers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from, arising out of, relating to, or in connection with any of the following: (i) your access to or use of or inability to access or use the Service, including without limitation, any personal information, and any other information either contained in the site or submitted by you to the site; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; (v) the Products and other available programs accessible and available through the Site; (vi) any Products and/or Services and (vii) in no event will AlmondSummers.com’s liability in connection with a brands offering, Product and/or any other Program exceed the amounts paid for the applicable Product, Voucher, Coupon, Promotion, Deal, and/or Service exceeds the amounts paid for the applicable Product, Voucher, Coupon, Promotion, Deal and/or Service and other available Programs. Total aggregate liability arising out of, related to, or in connection with (i)-(vii) above shall not exceed the amounts paid by you during the six months preceding the bringing of any claim. You agree that any cause of action arising out of, related to, or in connection with (i)-(vii) above must commence within one (1) year after the cause of action accrues, or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, all or a portion of the limitation above may not apply to you. These exclusions apply to, but not limited to, any claims for lost profits, lost data, loss of goodwill, work stoppage, data loss, computer failure, file corruption or malfunction, or any other commercial damages or losses, even if we knew or should have known the possibility of such damages. If any applicable jurisdictions does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability, and the liability of our brands, directors, employees, partners, agents, suppliers, third-party content providers, and affiliates shall be limited to the extent permitted by law. You are to release Almond Summers AlmondSummers.com from any and all claims or liability related to any product or service of a third-party brand and any action or inaction by a third-party brand. If you are a California resident, you waive California civil code section1542, which says, (A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor). You specifically acknowledge and agree that AlmondSummers.com nor its, directors, employees, partners, agents, suppliers, third-party content providers, or affiliates, shall be liable for any defamatory, offensive or illegal conduct of any user of the Site. Subject to the exclusions of warranties and arbitrations provisions provided herein, your sole any exclusive remedy for any dispute with us is to discontinue of the Sites and Services.
Disclaimer
You agree that your use of the Site and/or Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of AlmondSummers.com membership, any content on the Site or course of performance. AlmondSummers.com its subsidiaries, employees, third-party content providers, affiliates, and its licensors do not warrant that, a) the Service will function uninterrupted, virus free, error free, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the content on the Site, including without limitation, brand offerings, products and/or any other Products; e) description of brand offerings, Products and/or other available Programs or f) the results of using the Service will meet your requirements. If you download any content of the Site you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice obtained by you shall create any warranty of any kind. In certain jurisdictions the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Affiliate (Google Ads, Amazon Services LLC Associates Program)
My website links to products on my website that I have used or not used but recommends through my blog or YouTube channel that may contain a direct link to the product or service, which if clicked by you or a visitor using AlmondSummers.com and a purchase is made by you or the visitor, will result in a commission from the sale being paid to Almond Summers from the total purchased amount. This also includes Google Ads posted on the side of the article’s webpage as well as ads being infused in paragraphs found on the blogs page posts, when if click will result in a commission paid to Almond Summers.
At AlmondSummers.com also known as Almond Summers I am a participant of affiliate websites and also in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for me to earn fees by linking to Amazon.com and affiliated sites.