Summit
Terms of Service
Last Updated: October 26, 2026
Welcome to Summit. These Terms of Service ("Terms") govern your use of the Summit mobile application ("App") and related services (together, the "Services"), operated by Fuse Interactive LLC ("Summit," "we," "our," or "us"). By accessing or using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
To use Summit you represent and warrant that you:
- Are at least 16 years of age;
- Are legally able to enter into a binding contract, or have the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
- Are not prohibited from using the Services under any applicable law;
- Have not previously been banned or removed from Summit, unless you have our express written permission to create a new account;
- Are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
Some features have a higher minimum age. The Lounge (Section 10) is for people aged 18 and over.
If you stop meeting any of these requirements, your authorisation to use the Services is automatically revoked and you must stop using them and delete your account. We may delete your account and revoke access without notice if we believe you no longer meet them.
2. Your Account
When you create a Summit account you agree to:
- Provide accurate, current and complete information;
- Maintain only one account per person;
- Keep your login credentials secure;
- Tell us immediately about any unauthorised access to your account;
- Be responsible for everything that happens under your account.
Handles that correspond to ski areas, pass operators and Summit itself are reserved and cannot be registered. We may reclaim a handle that impersonates a real mountain, business or person.
3. User Conduct
You agree to treat other people on Summit decently, on and off the Services. You agree not to:
- Harass, bully, stalk, intimidate, threaten, defame or otherwise mistreat any person;
- Post content that is hateful, discriminatory, violent, sexually explicit, obscene, or that contains nudity;
- Post hate symbols or content promoting hatred against any individual or group;
- Impersonate any person, mountain, resort or business, or misrepresent your identity, age or affiliations;
- Use the Services for any illegal purpose, or to plan or facilitate illegal activity;
- Spam, solicit money, run any pyramid scheme, or advertise goods or services;
- Share another person's private information without their consent, including their contact details, their location, or screenshots of their messages;
- Use another person's shared location to follow, surprise, confront or surveil them, or to put them in a position they have not agreed to;
- Post someone else's photographs, video or trail-map artwork as your own, or any content you do not have the rights to;
- Use any robot, scraper, crawler, bot or automated system to access, copy or interact with the Services, or to extract our map, atlas, trail or lift data in bulk;
- Use any AI or machine-learning system to scrape, train on or copy content from the Services without our prior written consent;
- Reverse engineer, decompile or attempt to derive the source code of the Services;
- Probe, scan or test the security of any Summit system, or attempt to bypass any security measure, rate limit or access rule;
- Interfere with or disrupt the operation of the Services, or upload malicious code;
- Falsify a recorded day, a day's statistics or a leaderboard submission — see Section 9;
- File reports about other people that are false, misleading or manifestly unfounded, or otherwise abuse the reporting system;
- Create a new account after we have suspended or terminated yours, unless we have given written permission.
We may investigate and act against anyone who breaks these rules, including removing content, warning you, suspending or permanently banning your account, blocking access, and reporting you to law enforcement. The licence granted to you under these Terms is revoked automatically if you break any of the above.
4. Objectionable Content, Reporting and Moderation
Zero tolerance. Summit has zero tolerance for objectionable content and abusive behaviour, including nudity and sexually explicit material, hate symbols, harassment, threats of violence, content glorifying violence, content depicting illegal activity, impersonation, scams and solicitation. Content like that will be removed and the account responsible suspended or permanently banned.
Reporting. You can report a person, a post, a comment, a rating, a conversation or a Lounge trip using the Report option in the app, or by emailing contact@summitapp.live. We commit to reviewing every report and taking appropriate action within twenty-four (24) hours of submission.
Blocking. You can block any other user at any time. Blocking hides your posts and ratings from them and theirs from you, and prevents them messaging you.
Automated image checks. Every photo you post, and the poster frame of every video, is checked automatically for explicit, violent or hateful content, and anything the automated check is unsure about is reviewed by a person at Summit. Other users see your post only once it has passed, or, if our checking system is unavailable, after it has waited an hour without a verdict. How this works, what data it involves and your right to ask a person to review a decision are set out in Section 10 of our Privacy Policy.
Appeals. If your content was removed, your account was restricted, or you believe a moderation decision was wrong, email appeals@summitapp.live with your account email or handle and a description of the decision. A person will review it and we will explain the outcome.
Cooperation with law enforcement. You agree that we may access, preserve and disclose your account information, communications and content where we believe in good faith that it is reasonably necessary to comply with legal process or applicable law; to enforce these Terms; to respond to claims that content violates a third party's rights; to protect the rights, property or safety of Summit, our users or any other person; or to investigate suspected illegal activity, fraud or abuse.
5. Your Content
Ownership. You keep ownership of the photos, videos, captions, ratings, reviews and other content you put on Summit ("Your Content").
Licence to Summit. By uploading Your Content you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, reproduce and distribute it solely to operate, provide, secure and improve the Services — for example showing your post on your profile, on the mountain's page, in other people's feeds, and in that mountain's gallery. This licence is limited to running the Services. It does not let us use Your Content in advertising or promotional material outside the App without asking you separately.
Content standards. You represent and warrant that Your Content is your own or that you have all necessary rights to it; does not infringe anyone's intellectual property, privacy or publicity rights; complies with applicable law and these Terms; and contains nothing prohibited by Sections 3 and 4. You are solely responsible for Your Content.
Ratings and reviews. A rating you leave on a mountain, run, lift or bar is your own opinion. Keep it honest and about the place. Do not post a review in exchange for anything, and do not review a place in order to harm a person who works there.
6. Skiing and Snowboarding: Assumption of Risk and Release
Summit is an app for people doing an inherently dangerous activity. This section is the most important one in this document.
ASSUMPTION OF RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT SKIING, SNOWBOARDING AND OTHER MOUNTAIN ACTIVITIES CARRY INHERENT AND SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO CHANGING SNOW AND WEATHER CONDITIONS, ICE, BARE GROUND, ROCKS, TREES, STUMPS, CLIFFS, CREVASSES, TREE WELLS, AVALANCHES, COLLISIONS WITH OTHER PEOPLE OR WITH NATURAL AND MAN-MADE OBJECTS, LIFT AND EQUIPMENT MALFUNCTION, HYPOTHERMIA, ALTITUDE ILLNESS, GETTING LOST, SERIOUS BODILY INJURY, PARALYSIS AND DEATH. THESE RISKS EXIST WHETHER OR NOT YOU USE SUMMIT AND ARE NOT CREATED, REDUCED OR CONTROLLED BY US.
YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS ON THE MOUNTAIN. You alone decide where to ski or ride, how fast to go, what terrain to enter, whether conditions are safe, whether you have the skill and fitness for a run, what equipment to wear, and whether to go into uncontrolled or backcountry terrain. Nothing in Summit is instruction, guiding, avalanche forecasting, a recommendation to enter any particular terrain, or a judgement that any terrain is safe for you.
RELEASE. YOU VOLUNTARILY ASSUME ALL RISKS ARISING OUT OF YOUR USE OF THE SERVICES AND OUT OF ANY SKIING, SNOWBOARDING OR OTHER MOUNTAIN ACTIVITY IN CONNECTION WITH THEM. YOU AGREE THAT FUSE INTERACTIVE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND AFFILIATES (THE "SUMMIT PARTIES") ARE NOT RESPONSIBLE FOR THOSE RISKS OR FOR THE CONDUCT OF ANY USER, AND YOU RELEASE THE SUMMIT PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND CAUSES OF ACTION OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY MOUNTAIN ACTIVITY UNDERTAKEN IN CONNECTION WITH THEM, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE AND DEATH.
California residents: you expressly waive California Civil Code §1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Your phone is not safety equipment. Recording a day uses GPS continuously and will drain your battery faster than normal use. A phone can lose signal, lose power in the cold, break in a fall, or fail for any other reason. Do not rely on Summit — or on any phone — to call for help, to navigate, or to be found. Carry what you actually need for the terrain you are entering, and tell somebody where you are going.
7. Mountain Information Is Not Safety Information
Summit shows trail maps, run and lift locations, lift status, weather and snow conditions, webcams, and a worldwide atlas of ski areas. None of it is reliable enough to make a safety decision with, and none of it is ours.
- Trail and lift locations come from OpenStreetMap, which is contributed by volunteers. Runs may be missing, misnamed, miscoloured, out of date, or shown where no run exists. Difficulty ratings follow local convention and are not comparable between countries.
- Lift status is read from each resort operator's own published feed, is available for only a small number of mountains, and can be stale, wrong, or absent. For the great majority of mountains we show only the lifts that are mapped, which says nothing about what is running today.
- Weather and snow conditions come from a third-party forecast model, not from observers on the mountain. Snow depth, in particular, is often wrong by a wide margin.
- Trail maps are the resort's own, linked or shown as the resort publishes them. They may be from a previous season.
- Webcams are operated by resorts and third parties, and a camera can be pointed somewhere other than its label suggests.
- Nothing in Summit is an avalanche forecast or a substitute for one, and nothing in it indicates that terrain is open, controlled, patrolled or safe.
The resort's own signage, ropes, closures, patrol and published information always govern. Where Summit disagrees with the mountain, the mountain is right. Always check conditions and closures with the resort and with your local avalanche centre before you ride, and obey all signs and closures regardless of what this app shows.
8. Location Sharing, Ride Groups and Finding People
Location sharing is optional, off by default, and entirely yours to switch on and off. How it works technically, and exactly who can see what, is in Section 5 of our Privacy Policy. As a matter of these Terms:
- Share only with people you actually know and trust. Sharing your real-time position tells someone where to find you. Treat that as the significant thing it is.
- Joining a ride group shares your location with everyone in that group, including people you do not follow. The app tells you who, by name, before you accept.
- Using someone's shared location to follow, surveil, intercept or confront them is a violation of Section 3 and will get your account removed.
- Location data can be wrong or late. Positions depend on GPS and on a working network connection. An arrow pointing at a friend may be out of date, and the app says how old a position is for exactly that reason. Never use Summit to conduct a search for a missing person. Call ski patrol or emergency services.
- Summit is not a safety, tracking or emergency service, and does not monitor anybody's position on anyone's behalf.
9. Recorded Days, Leaderboards and Fair Play
You can record a ski day and submit it to a mountain's Top riders leaderboard. The leaderboard is a game among the people on it, and it is not worth getting hurt over.
- Do not ski differently because of a leaderboard. Nothing on it is worth a collision, a closed run or terrain beyond your ability. Scores reward volume and consistency, not recklessness, and we will remove a submission or an account where we believe somebody skied dangerously or against a resort's rules to produce one.
- Do not falsify a day. Submitting a recording made in a vehicle, on a lift, by another person, or altered in any way is a violation of Section 3. We may remove any score, recalculate scores, or ban an account.
- Statistics are estimates. Distance, vertical, run count and speed are derived from your phone's sensors and are approximate. Vertical and run counts are less accurate on a phone without a barometer, which is why the app says so, and we score such days differently.
- We may change how scoring works, and recalculate existing scores, as we improve it. A score is not a prize, an asset or a promise.
- Your recorded tracks stay on your phone. We cannot restore a day you delete, because we never had it.
10. Interactions with Other Users; No Verification
You are solely responsible for your interactions with other people, in the App and in person. Summit is a place for riders to find each other; we do not and cannot control what anyone does off the App.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON OUR USERS. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE IDENTITY, AGE, SKILL LEVEL, CONDUCT, INTENTIONS, HEALTH, PHYSICAL CONDITION OR TRUTHFULNESS OF ANY USER. A PROFILE SAYING SOMEONE IS AN EXPERT SKIER IS THAT PERSON'S OWN CLAIM AND NOTHING MORE. REPORTING AND BLOCKING TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR YOUR OWN JUDGEMENT.
We reserve the right, but have no obligation, to conduct screenings of any user at any time using available public records. A decision not to do so, or to do so for one user and not another, creates no duty to you or anyone else.
The Lounge
The Lounge is where riders say which mountain they will be at and when, so that people they have not met can ask to ride with them. It is for people aged 18 and over only. We rely on the date of birth you give us and do not verify it; misstating your age is a violation of Section 3. When you use the Lounge:
- A trip you post is visible to every Lounge user, even if your account is private, and anyone who can see it can message you about it.
- Post only your own plans, honestly. Do not post a trip you do not intend to take, post on someone else's behalf, or use the Lounge to advertise, to sell lessons, guiding or anything else, or to solicit money.
- Keep contact details out of your note; links and phone numbers are not allowed in it. Use Summit's messages until you have decided you want to meet.
- You are not obliged to reply to anyone, meet anyone or ride with anyone, and you can take back your interest or delete your trip at any time.
- Riding with someone you met through the Lounge is your own decision, made under Section 6, and the guidance below applies to it in full.
We may remove a trip, or restrict an account's access to the Lounge, at our discretion, including where we believe someone has misstated their age or is using the Lounge to approach people for anything other than riding together.
If you are meeting someone from Summit
- Meet in a public place — a base area or a lodge, not a lift line in a storm on the far side of the mountain;
- Tell someone you trust where you are going, who you are meeting and when you expect to be back;
- Do not follow a stranger into terrain you would not ski alone, and do not let anyone talk you into terrain beyond your ability;
- Never share financial information or send money to another user;
- Trust your instincts — if something feels wrong, leave;
- Report threatening or inappropriate behaviour using the Report option;
- If you are in immediate danger, contact ski patrol or local emergency services.
These are guidance only. They are not a substitute for your own judgement and they create no duty on our part to ensure your safety.
11. Third-Party Data, Content and Links
Summit includes and displays material from third parties, each under its own licence and terms: map imagery and map software from Mapbox; ski area, run, lift and place data derived from OpenStreetMap, available under the Open Database Licence; weather data from Open-Meteo under a Creative Commons licence; webcam imagery and players from Windy and from resort operators; lift status published by resort operators; and trail maps published by resorts themselves. Attribution for each appears where the data is shown, and you must not remove, obscure or misrepresent it.
Trail-map artwork is the copyright of the resort or of the artist who drew it. We link to or display a resort's own map from the resort's own source. We do not grant you any right to copy, re-host or redistribute it, and you must not use Summit as a means of doing so.
The Services link to resorts' websites, webcam players and other third-party pages. We do not control them and are not responsible for them. Your use of them is governed by their terms, not ours.
12. Termination
By you. You can delete your account at any time in the App's Settings. Deletion is immediate and cannot be undone — see Section 12 of our Privacy Policy for exactly what is removed.
By us. We may suspend, restrict or terminate your account at any time, with or without notice, including for: breach of these Terms; conduct we determine to be harmful to other users, to Summit or to the integrity of the Services, whether on or off the Services; requests from law enforcement; risk of legal liability; or inactivity and other operational reasons.
Consistent with applicable law, we may not be able to tell you why your account was terminated if doing so would compromise the safety or privacy of someone else. If your account is terminated, these Terms remain enforceable between us, including Sections 5, 6, 7, 10, 13, 14, 15, 16, 18 and 19.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:
- The Services will be uninterrupted, secure or error-free;
- Any defect or error will be found or corrected;
- Any trail map, run, lift, place, lift status, weather reading, snow figure, webcam, distance, altitude or position shown in the Services is accurate, complete, current or suitable for any purpose, including any safety purpose;
- Any recorded statistic, vertical figure, speed or score is accurate;
- Any location shown for any person is accurate or current;
- Any other user will respond to you, ride with you, meet you, or behave in any particular way.
WE ASSUME NO RESPONSIBILITY FOR CONTENT POSTED, SENT, RECEIVED OR ACTED ON THROUGH THE SERVICES BY YOU, ANOTHER USER OR ANY THIRD PARTY, NOR FOR THE IDENTITY, INTENTIONS, CONDUCT OR TRUTHFULNESS OF ANY USER. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUSE INTERACTIVE LLC OR THE SUMMIT PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF ANY OTHER USER OR THIRD PARTY, ONLINE OR IN PERSON; (III) ANY SKIING, SNOWBOARDING OR OTHER MOUNTAIN ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICES; (IV) ANY RELIANCE ON ANY TRAIL MAP, LIFT STATUS, WEATHER OR CONDITIONS INFORMATION, POSITION OR OTHER INFORMATION SHOWN IN THE SERVICES; OR (V) ANY UNAUTHORISED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE AMOUNT, IF ANY, YOU PAID US FOR THE SERVICES IN THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY BEFORE THE DATE YOU FIRST FILE A LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST US.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION AND IN SECTION 13 MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE APPLICABLE LAW SO PROVIDES. IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION OR THE UNITED KINGDOM, YOU KEEP THE BENEFIT OF ANY MANDATORY CONSUMER PROTECTIONS OF THE LAW OF YOUR COUNTRY OF RESIDENCE.
15. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT.
15.1 Informal resolution first. Before starting a formal proceeding against us, you agree to contact us at contact@summitapp.live with a written description of your claim including (i) your full name, (ii) the email address on your account, (iii) a detailed description of the claim and its factual basis, and (iv) the specific relief you seek. You and we will then negotiate in good faith for at least sixty (60) days. Completing this process is a condition of filing any arbitration demand or small-claims action, and any applicable limitation period is tolled while it runs.
15.2 Binding individual arbitration. If the dispute is not resolved within sixty (60) days, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services or your relationship with us (a "Dispute") will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, conducted in English before a single neutral arbitrator. The arbitrator's decision is final and binding and judgment may be entered on it in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
15.3 Class action and jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE IN COURT, IN FAVOUR OF INDIVIDUAL ARBITRATION. YOU AND WE EACH FURTHER WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF A COURT FINDS THIS WAIVER UNENFORCEABLE AS TO A PARTICULAR CLAIM, ONLY THAT CLAIM IS SEVERED AND PROCEEDS IN COURT, AND ALL OTHER CLAIMS REMAIN IN ARBITRATION.
15.4 Exception — sexual assault and sexual harassment. Notwithstanding anything above, a claim of sexual assault or sexual harassment may, at the election of the alleging party, be brought in a court of competent jurisdiction rather than in arbitration, consistent with the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 or any successor or other applicable law.
15.5 Exception — small claims. Either party may bring an individual claim that qualifies in small-claims court instead of arbitration.
15.6 Exception — intellectual property. Either party may seek injunctive or other equitable relief in court to protect intellectual property rights pending arbitration.
15.7 Opt-out. You may opt out of this arbitration agreement by emailing contact@summitapp.live within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt-Out," your full name, the email address on your account, and a clear statement that you are opting out. Opting out affects no other provision of these Terms.
15.8 Consumers outside the United States. If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law gives you a non-waivable right to bring proceedings in your local courts, this Section does not deprive you of that right, and nothing here overrides the mandatory consumer law of your country of residence.
16. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Fuse Interactive LLC and the Summit Parties from and against any claims, demands, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your access to or use of the Services; (ii) Your Content; (iii) your conduct toward any other user, on or off the Services, including any in-person interaction and any skiing or snowboarding activity; (iv) your breach of these Terms; or (v) your violation of anyone's rights, including intellectual property, privacy and publicity rights. SOME JURISDICTIONS DO NOT ALLOW THIS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
17. Changes to These Terms
We may update these Terms. We will notify you of material changes in the App, on this page, or by other reasonable means. Continuing to use the Services after a change takes effect means you accept the revised Terms. If you do not agree, stop using the Services. Material changes to Section 14 (Limitation of Liability) or Section 15 (Dispute Resolution) will require your affirmative acceptance.
18. Governing Law; Forum
These Terms and any Dispute, except where prohibited by law, are governed by the laws of the State of New York without regard to its conflict-of-laws principles, and by the Federal Arbitration Act with respect to Section 15. Where a Dispute is not subject to arbitration — for example a claim within the Section 15.4 exception or a small-claims action — and except where prohibited by law, it will be brought exclusively in the federal or state courts located in New York County, New York, and each party consents to the personal jurisdiction of those courts. If you are a consumer resident outside the United States, this Section does not deprive you of the protection of the mandatory law of your country of residence or of any right that law gives you to bring proceedings in your local courts.
19. General
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Services and supersede any prior agreements or representations.
Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the rest remains in full force.
No waiver. Our failure to enforce any right or provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them, in whole or in part, without restriction.
Survival. Provisions that by their nature should survive termination do survive, including Sections 5, 6, 7, 10, 13, 14, 15, 16, 18 and 19.
No agency. These Terms create no agency, partnership, joint venture, fiduciary or employment relationship.
Apple and Google. These Terms are between you and Fuse Interactive LLC only, not with Apple or Google. The App Store and Google Play operators have no obligation to furnish any maintenance or support for the Services and are not responsible for addressing any claim relating to them. You agree that each is a third-party beneficiary of these Terms and may enforce them against you.
20. Special State Terms
California residents. Under California Civil Code §1789.3, California users may report complaints to 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 N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Contact Us
If you have questions about these Terms:
Fuse Interactive LLC
Email: contact@summitapp.live
Moderation appeals: appeals@summitapp.live
Website: https://summitapp.live