Welcome to Summer Tomato, LLC. (“Summer Tomato”). The following Terms of Use apply when you view or use Summer Tomato’s website located at www.summertomato.com. By using and accessing this website, you are agreeing that you are bound by this website’s Terms of Use, privacy policy, disclaimers, and all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

 

Use License

 

Permission is granted to temporarily download the materials (information or software) on Summer Tomato’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

 

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to reverse engineer any software contained on Summer Tomato’s website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Summer Tomato at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Proprietary Rights

 

All content included on or comprising this website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is the property of Summer Tomato.

 

By using this website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Summer Tomato or any other third party using this website is non-confidential. By submitting any solicited or unsolicited information using this website, you grant Summer Tomato an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

 

Disclaimer

 

The materials on this website are provided “as is”. Summer Tomato makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Summer Tomato does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

The materials appearing on this website could include technical, typographical, or photographic errors. Summer Tomato does not warrant that any of the materials on its website are accurate, complete, or current. Summer Tomato may make changes to the materials contained on its website at any time without notice. Summer Tomato does not, however, make any commitment to update the materials.

 

This website assumes no responsibility for damages to computers or software of the user or any person the user subsequently communicates with from corrupting code or data that is inadvertently passed to the user’s computer.

 

Links to Third Party Websites

 

This website contains links to other sites operated by third parties, including but not limited to third party sites that display the Summer Tomato brand (“Third Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.

 

Summer Tomato does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on this website does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. Summer Tomato makes no representation or warranty as to any products or services offered on any Third Party Site.

 

The conditions of use and privacy policy of any Third Party Site may differ substantially from the Terms of Use that apply to your use of this website. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

 

Limitations

 

By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow lawful viewing, you forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

 

The Summer Tomato shop on this website is powered by Amazon Services, LLC., and is for the convenience of the user. Summer Tomato takes no responsibility for merchantability and warranty of the goods listed on its website sold by Amazon.com or other third party vendors.

 

Privacy

 

Please review this website’s Privacy Policy for information on the privacy practices of the summertomato.com website.

 

Security

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

 

This website may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

 

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the summertomato.com website) or to the website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Summer Tomato, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

 

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents provided by summertomato.com or generally publicly available browsers.

 

Modifications

 

Summer Tomato reserves the right to make changes to its Terms of Use at any time. Each time you use this website, you should visit and review the then Terms of Use that apply to your use of this site and any transactions made while on the site. If you are dissatisfied with its content or Terms of Use, you agree that your sole and exclusive remedy is to discontinue using this website. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on this site are prohibited.

 

Governing Law

 

Any claim relating to this website shall be governed by the laws of the State of New York without regard to its conflict of law provisions and shall be submitted to the exclusive jurisdiction of Courts in New York.