Last Updated December 1, 2018
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “1” Introduction
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “2” Your Use of the Summer Colony Living Sites
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “3” Content and Ideas
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “4” Monitoring by Summer Colony Living
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “5” Materials Available on the Summer Colony Living Sites
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “6” Merchandise
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “7” Third Party Sites
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “8” Placing an Order with Summer Colony Living
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “9” Shipping and Delivery
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “10” Export Policy
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “11” Intellectual Property
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “12” Procedure for Making a Claim of Copyright Infringement
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “13” Privacy
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “14” Third-Party Software & Licensing Notices
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “15” Promotions
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “digital” Terms Applicable to Special Summer Colony Living Services
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “16” Disclaimer of Warranties
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “17” Limitation of Liability
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “18” Indemnification
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “19” Disputes & Arbitration; Applicable Law
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “20” Termination
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “22” General
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “23” Filtering
HYPERLINK “https://help.walmart.com/app/answers/detail/a_id/8” \l “24” How to Contact Us
When we say “Summer Colony Living,” we mean Summer Colony Living.com USA, and any subsidiaries of Summer Colony Living Stores, Inc. (including any subsidiaries that Summer Colony Living, LLC may form or acquire in the future). We also refer to Summer Colony Living as “we,” “us” and “our.” But when we say “Summer Colony Living Entities,” we mean Summer Colony Living and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say “Summer Colony Living Sites,” we mean HYPERLINK “http://www.walmart.com/” \t “_blank” www.Summer Colony Living.com, the Summer Colony Living mobile site HYPERLINK “https://mobile.walmart.com/” \t “_blank” https://mobile.Summer Colony Living.com, the Summer Colony Living Apps, and all related functionality, services, and Content offered by or for Summer Colony Living on or through www.Summer Colony Living.com and the Summer Colony Living Apps or the systems, servers, and networks used to make the Summer Colony Living Sites available.
When we say “Summer Colony Living Apps,” we mean the official “Summer Colony Living App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store, the “Scan & Go” Mobile App and the “Summer Colony Living Grocery” App.
When we say “you” or “your” we mean any user (like you!) of any Summer Colony Living Site.
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Summer Colony Living Sites.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Summer Colony Living Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Summer Colony Living Sites through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Summer Colony Living Entities make available on or through the Summer Colony Living Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SUMMER COLONY LIVING ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Your Use of the Summer Colony Living Sites
You certify that the Content you provide on or through the Summer Colony Living Sites is accurate and that the information you provide on or through the Summer Colony Living Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Summer Colony Living is not responsible for any losses arising out of the unauthorized use of your account. You agree that Summer Colony Living does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Summer Colony Living Sites. You agree that Summer Colony Living is not a party to any such agreement, nor is Summer Colony Living responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Summer Colony Living Sites or any portion of the Summer Colony Living Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Summer Colony Living Sites or any portion of the Summer Colony Living Sites.
In connection with the Summer Colony Living Sites, you will not:
Make available any Content through or in connection with the Summer Colony Living Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
Make available through or in connection with the Summer Colony Living Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Summer Colony Living Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Summer Colony Living Sites.
Interfere with or disrupt the operation of the Summer Colony Living Sites or the systems, servers, or networks used to make the Summer Colony Living Sites available, including by hacking or defacing any portion of the Summer Colony Living Sites; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Summer Colony Living Sites.
Reverse engineer, decompile, or disassemble any portion of the Summer Colony Living Sites, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Summer Colony Living Sites.
Frame or mirror any portion of the Summer Colony Living Sites, or otherwise incorporate any portion of the Summer Colony Living Sites into any product or service, unless you obtain Summer Colony Living’s express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Summer Colony Living Sites, without Summer Colony Living’s express prior written consent.
Cause injury to any person or entity.
You will not use the Summer Colony Living Sites or Summer Colony Living’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Summer Colony Living trademark, logo, URL, or product name without Summer Colony Living’s written consent;
3. Content and Ideas
Submitting Content and Ideas
B. Summer Colony Living’s Rights to Use Content and Ideas
You grant to Summer Colony Living a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Summer Colony Living is free to use any Ideas for any purpose. Summer Colony Living may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Summer Colony Living is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Summer Colony Living the right to use any name associated with any Content or Idea that you make available to Summer Colony Living, although Summer Colony Living has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
You agree that you will not make available Content in connection with the Summer Colony Living Sites that:
is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Summer Colony Living), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Summer Colony Living in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Summer Colony Living;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Summer Colony Living, its related entities, employees, and agents;
violates any policy posted on the Summer Colony Living Sites; or
is intended to cause harm, damage, disable, or otherwise interfere with the Summer Colony Living Sites or our partners.
4. Monitoring by Summer Colony Living
5. Materials Available on the Summer Colony Living Sites
Summer Colony Living and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Summer Colony Living Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Summer Colony Living Sites, we would appreciate it if you let us know by contacting us at HYPERLINK “http://help.walmart.com/” \t “_blank” http://help.Summer Colony Living.com/. (Your feedback is a big part of what helps Summer Colony Living to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE SUMMER COLONY LIVING ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Summer Colony Living has no liability to you for content on the Summer Colony Living Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Summer Colony Living is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Summer Colony Living Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Summer Colony Living Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Summer Colony Living’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
8. Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
B. Pricing Information; Availability
Summer Colony Living cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Summer Colony Living Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Summer Colony Living reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Summer Colony Living. Summer Colony Living may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Summer Colony Living Sites or from prices available in Summer Colony Living stores or on Summer Colony Living Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available at HYPERLINK “http://www.summercolonyliving.com” www.summercolonyliving.com.
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Summer Colony Living Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Summer Colony Living Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Delivery restrictions are available at www. Summercolonyliving.com.
Some Products may be available for pick up at a physical Summer Colony Living store location. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the Summer Colony Living Sites, and (b) any software or technology purchased, downloaded, or used from the Summer Colony Living Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the Summer Colony Living Sites or any Materials is transferred to you as a result of your use of the Summer Colony Living Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Summer Colony Living Sites. The Summer Colony Living Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Summer Colony Living Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Summer Colony Living Sites and Materials is the exclusive property of Summer Colony Living and is also protected by U.S. and international copyright laws.
SUMMER COLONY LIVING, SUMMER COLONY LIVING, the SUMMER COLONY LIVING.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Summer Colony Living Sites are trademarks or trade dress of Summer Colony Living in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Summer Colony Living Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at HYPERLINK “http://www.sumercolonyliving.com” www.sumercolonyliving.com for instructions on how to contact us to report possible copyright infringement.
14. Third-Party Software & Licensing Notices
16. Terms Applicable to Special Summer Colony Living Services
A.Summer Colony Living Marketplace
Summer Colony Living operates an online marketplace program on the Summer Colony Living Sites (available at HYPERLINK “http://www.summercolonyliving.com” www.summercolonyliving.com which enables Marketplace Retailers to sell their products alongside Summer Colony Living products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Summer Colony Living Marketplace”). Any use of the Summer Colony Living Marketplace is subject to the following additional terms:
When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Summer Colony Living Marketplace through the Summer Colony Living Sites, uses any order processing, fulfillment, shipping, or other services related to the Summer Colony Living Marketplace provided by or for Summer Colony Living, or uses any platform, portal, web service, application, interface, or other tool provided by or for Summer Colony Living in connection with the Summer Colony Living Marketplace.
To the fullest extent provided by applicable law, Summer Colony Living has no responsibility or liability for any Marketplace Retailer or their products.
iOS Summer Colony Living App
You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
C. Mobile Checkout Services
Summer Colony Living Apps may enable customers to scan products at Summer Colony Living stores with their mobile devices and use mobile checkout solutions (“Mobile Checkout Services”). Any use of the Mobile Checkout Services is subject to the following additional terms:
You agree to accurately scan all products before checkout when using any Mobile Checkout Services, and to pay for all products you obtain from any Summer Colony Living store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), please consult with a Summer Colony Living employee to make sure all items are reflected on your physical or electronic receipt.
You agree that Summer Colony Living may review the products in your possession and/or your receipt or proof of purchase on your mobile or other electronic device at any time and request that any products be re-scanned, and that any product or order price be re-calculated. In the event you and any Summer Colony Living employee calculate different totals for your purchase, the calculation confirmed by the Summer Colony Living employee will be the amount payable by you.
You agree to fully cooperate with us and our employees during your use of any Mobile Checkout Services, including by providing any identification or verification required for the purchase of certain products.
We may restrict, suspend, or terminate your right to use any Mobile Checkout Services at any time in our sole discretion. We may cease or suspend offering any Mobile Checkout Services at any time without notice to you.
D. Summer Colony Living Pay
“Summer Colony Living Pay” is a feature built into the Summer Colony Living App that allows you to use your smartphone to pay for in-store purchases. Any use of the Summer Colony Living Pay service is subject to the following additional terms:
There is no charge from us to use Summer Colony Living Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of Summer Colony Living Pay at any time, without notice, and in our sole discretion.
All Summer Colony Living policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through Summer Colony Living Pay. We reserve the right to limit the availability of Summer Colony Living Pay during specific times, for specific items, or for certain events or promotions.
Some products or services may not be eligible for purchase using Summer Colony Living Pay, or may require additional verification prior to completion of purchase through Summer Colony Living Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products.
Your device’s camera must be enabled in order to use Summer Colony Living Pay to complete the checkout process and to use additional features. Enabling the Summer Colony Living App to utilize location services on your device may provide you with access to other Summer Colony Living Pay features. You can turn off location services at any time on your device.
Certain Summer Colony Living Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Summer Colony Living in-store purchase receipt. Any use of the Summer Colony Living eReceipt service is subject to the following additional terms:
There is no charge from us to use Summer Colony Living eReceipts, but your data service provider’s message and data charges may apply. Summer Colony Living and text message carriers are not liable for delayed or undeliverable messages.
We may alter, suspend, or terminate your use of Summer Colony Living eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Summer Colony Living eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the Summer Colony Living eReceipts service is subject to all applicable laws and regulations.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SUMMER COLONY LIVING WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SUMMER COLONY LIVING SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SUMMER COLONY LIVING ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SUMMER COLONY LIVING ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SUMMER COLONY LIVING SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SUMMER COLONY LIVING ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SUMMER COLONY LIVING SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Summer Colony Living Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Summer Colony Living will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from HYPERLINK “https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers” \t “_blank” https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
24. How to Contact Us
If you have any questions or comments, please contact us at HYPERLINK “https://help.walmart.com/” \t “_blank” https://help.Summer Colony Living.com/, or by mail at the following address: Summer Colony Living.com; 73061 El Paseo, Suite 5, Palm Desert, CA 92260.
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Summer Colony Living Sites: © 2014-2018 Summer 5, Palm Colony Living, LLC. All Rights Reserved.
Summer Colony Living Apps: ©2014-2018 Summer Colony Living, LLC. All Rights Reserved.
Last updated on December 1, 2018.
Returns & Exchanges
We want you to be 100% satisfied with your purchase, and we stand by the quality of our products. Should you for any reason be unhappy with your purchase, upon product return we will issue a refund to your credit card or exchange an unsatisfactory product for an alternative item.
Our Return Guidelines
Products must have been purchased directly from Summer Colony Living (our website or 800 numbers). We do not accept returns of products purchased from other retail outlets. Please return those to the store where purchased.
Products must be returned within 30 days of order date.
Please include a copy of your receipt (or a note with your order #, name, email address, phone number) and your reason for returning the product(s)
Products that are indicated as non-returnable or not for resale cannot be returned.
We cannot accept returns on used or worn products.
Original shipping and handling charges are non-refundable (if applicable).
Should you decide to return a product for a refund or exchange call our Customer Service team at 219-370-9050 for a return label or email firstname.lastname@example.org*.
*We are unable to mail return labels to international addresses. International customers are responsible for return shipping costs. Product or Return Location is:
Summer Colony Living
73061 El Paseo, Suite 5,
Palm Desert, CA 92260
We offer our international customers free shipping via International – UPS Ground on orders of $350 and above. Canadian orders receive free shipping via International – UPS Ground on orders of $150 and above.
Summercolonyliving.com ships internationally to a wide variety of countries via UPS and US mail. If you wish to purchase from Summer Colony Living, simply start the checkout process and select your country.
Priority Mail $50.00
All orders $150.00 or more ship for free.
Priority Mail $50.00
All orders $350.00 or more ship for free.
Duties and Taxes
Your order may be subject to duties and taxes that are levied once your order reaches your country. If incurred, these charges must be paid before your package will clear customs. Summer Colony Living has no control over the imposition of these duties and taxes and you are responsible for paying them to receive your package.
*Note that our international clients have expressed that packages sent via US mail are less likely to incur duties and taxes. However, this is still not a guarantee of avoiding these charges. International Websites
Summer Colony Living LLC
73061 El Paseo, Suite 5,
Palm Desert, CA 92260
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