EverestTM Network Limited Terms and Conditions of Use
EverestTM is a blockchain application platform for the secure storage and verification of identification information and personal data as well as the tracking and recording of transactions. Everest is dedicated to liberating humanity from subservience to centralized, non- user-friendly identity management and capital allocation organizations by creating a secure, decentralized identity management and value transfer system.
Everest is a user-centric, self-sovereign identity and value transfer solution based on blockchain technology and the cryptographic underpinnings of that system and reflects the principles of identity espoused in the sustainable development goals (“SDGs”) of the United Nations. Upon those foundations, Everest has architected the Identity Network with a focus on resilience, availability, security, privacy and control over personal data.
As you use Everest, we ask you to follow these Terms and Conditions to get the most out of our Services. Just below is a summary of our Terms of Service, followed by the full, legally-binding set of Terms. This summary is for your convenience only and points out certain important user rights and responsibilities. Since you are bound by the full Terms of Service whenever you use Everest, you are required to read, understand and agree to the full-length version. If you do not agree to any of these Terms, you may not use the Everest Applications, any Everest-enabled applications or any other services provided by Everest.
Our goal is to help you take back ownership and control of your identification and personal data, so that you can avail yourself of the opportunities associated with your identification and data.
The services provided though Everest are open only to people who are 13 years of age or older unless such people have provided Everest with the written consent of a parent or guardian who is either (a) enrolled in the Everest Identity Network, or (b) provides an alternative of written and verification acceptable to Everest. While we will provide the highest level of security that we can on our end, you are responsible for the confidentiality of all of the information that you provide through your account and for all of the activities that take place as a result of your use of your account.
We have a zero-tolerance policy for users who posts or send threatening content, content that violates any intellectual property rights, or the use of our services to harm or otherwise harass any person. We will delete any such content and reserve the right to restrict access and/or use for any reason, or no reason, in our discretion including, but not limited to, those who violates this policy.
We may communicate with you from time to time, usually through emails, text messages, or push notifications. Text messaging and data rates may apply for which you will be responsible. You may opt out of receiving messages from us at any time.
Both you and Everest have the right to stop your use of the Everest Applications or to delete your account at any time, but certain provisions of these Terms of Service will still apply even after termination of your account and Services. For example, any disputes between you and Everest even after your account is deleted will be governed by these Terms of Service.
We may change the Terms of Service from time to time, and those changes are up to us – but you always have the right to decide whether or not you want to continue using Everest. If you do continue, that means you do agree to our new Terms. And now, on with the show!
Everest Full Terms of Service
The following terms and conditions (the “Terms and Conditions” or “Agreement”) govern your use of applications, tools, services, products, content, technologies, processes and information offered by Everest, in its sole discretion, including, without limitation, the blockchain platform, web sites (including any subdomains thereof), mobile applications, mobile-web applications, biometric input, scanning and verification technologies, message boards, forums, web logs, chat rooms, personal chat, video chat, email, videos, articles, search engines and advertisements, (the “Applications”) owned by Everest, Inc. (“Everest”, “we,” “us” or “our”) and/or by our affiliates, including, but not limited to, our licensees, licensors, service providers, board members, employees, agents, advisors, contractors, subsidiaries, assignees, transferees, purchasers, partners, joint venturers, collaborators, advertisers, sponsors, marketing partners, writers and content providers (“Affiliates”) in relation to Everest. The Applications owned by Everest, are made available by Everest. BY USING OUR APPLICATIONS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, AS WELL AS MODIFICATIONS THERETO, AS APPLIED TO YOUR USE OF THE APPLICATIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Applications. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Applications.
- Our Limited License to You. You may access, upload, download and share allowed information as well as view, verify and interact with the Applications solely for your non- exclusive personal, non-commercial and internal use, pursuant to the terms and conditions set forth herein, on your computer, mobile phone, tablet, as well as ATMs, biometric scanners, or other devices and, unless otherwise indicated in these Terms and Conditions or on the Applications, make single copies or prints of the content on the Applications for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices.
The Applications are the property of Everest and/or our Affiliates or licensors, (“Owners”), are protected by copyright, trademark, and other intellectual property laws and all rights are reserved in the Applications by the Owners. You may not use the Applications in a manner that constitutes an infringement of our rights or that has not been authorized by us in writing. More specifically, unless explicitly authorized in these Terms of Service or by the Owner(s) of the Applications in writing, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, license, encumber, distribute or make claims thereon in any manner or medium, whether known or unknown, currently in use or later put into use, any of the Applications.
By submitting, transmitting, or sending, in any medium, Publicly Submitted Materials to us, you: (i) represent and warrant that the Publicly Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Publicly Submitted Materials have been waived, (ii) and (ii) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (iii) that you are 13 years of age or older, You grant us and our Affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, sell, assign, license, sublicense and incorporate in other works any Publicly Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, public key or other identifier, as we deem appropriate. The rights granted to Everest herein by you also provide us all rights to remove, erase, delete any and all Publicly Submitted Materials in our sole discretion without notice, if we deem the Publicly Submitted Materials to be dangerous or inconsistent with the content we deem appropriate on our Applications. There is also no obligation by us to display or publish any Publicly Submitted Materials. In consideration for us providing you the license herein, you acknowledge and agree that any and all Publicly Submitted Materials originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Everest from their creation. Thus, Everest shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Everest, in its sole discretion, determines. In the event that any of the results and proceeds of your Publicly Submitted Materials are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Everest all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that Everest has the right, but not the obligation to, use and display any postings or contributions of Publicly Submitted Materials of any kind and that Everest may elect to cease the use and display of any such materials (or any portion thereof), at any time in its sole discretion.
- Limitations on Linking and Framing. You may establish a hypertext link to our Applications so long as the link does not state or imply any sponsorship of your site by us or by our Applications. However, you may not, without our prior written permission, frame or inline link any of the content of our Applications, or incorporate into another website or other service any of our material, content or intellectual property.
- Proprietary Rights. As between you and Everest, Everest owns, solely and exclusively, all rights, title and interest in and to the Applications, including without limitation all the Content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data, processes, algorithms, and materials thereon, the look and feel, design and organization of the Applications, and the compilation of the content, code, data and materials on the Applications, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Applications does not grant to you any ownership, rights and/or interest in any Applications, Content, Publicly Submitted Materials or Intellectual Property of Everest.
- Online Commerce. Certain of our Applications may allow you to elect to be contacted by merchants and to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, delivery, warranties, your satisfaction or any other aspect of these products, goods and/or services. If you make a purchase from a merchant on, or through, our Applications or on any Application linked by our Applications, the information obtained during your visit to that merchant’s online Application, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through our Applications, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through our or our Affiliates’ Applications.
- Interactive Features.
Your participation, correspondence or business dealings with any third party found on or through our Applications, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Everest shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through our or our Affiliates Applications. You agree that any purchase of services, goods or products made by you, or authorized by you, through our Applications are, and will be, for legitimate, non-commercial purposes only. You also agree not to make, or authorize to be made, any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
- Restrict or inhibit any other user from using and enjoying our Applications.
- Use our Applications to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide our Applications or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide our Applications.
- Use our Applications to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to our Applications, or any account, computer system, or network connected to our Applications, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Applications.
- Use our Applications to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use our Applications to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use our Applications to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use our Applications to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use our Applications to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of our Applications. In addition to all other rights reserved and held by Everest, any user failing to comply with the terms and conditions of this Agreement may be expelled from, and refused continued access to, any or all of our Applications. Everest, or its designated agents, may remove or alter any user-created Content or Publicly Submitted Materials at any time in its sole discretion. Content posted within these public Mediums and Applications may be provided by Everest staff, Everest’s outside contributors, or by users not connected with Everest, some of whom may employ anonymous or pseudonymous user names. Everest expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any Content, including, without limitation, any opinion, advice, information or statement made or displayed in any Mediums by third parties, nor are, or shall, we be responsible for any errors or omissions in such Content, or for hyperlinks embedded in any messages. Under no circumstances will we or our Affiliates be liable for any loss or damage caused by your reliance on Content obtained through our or our Affiliates Applications. We do not endorse any Publicly Submitted Materials and such Content does not reflect the opinions of Everest or any of its Affiliates. Everest has no obligation whatsoever to monitor any Content or Publicly Submitted Materials on our Applications. However, you acknowledge and agree that we have the absolute right to monitor Content on our Applications, as we deem appropriate in our sole discretion. In addition, we reserve the right to alter, edit, refuse access to, or remove, any Content, in whole or in part, for any reason, or no reason, in our sole discretion on our Applications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
- Passwords. To use certain features of our Applications, you may need a username password, and/or PIN, which you may receive through the registration process of our Applications. You are responsible for maintaining the confidentiality of the PIN, password and account, and are responsible for all activities (whether by you or by others) that occur under your PIN, password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. In addition to all other disclaimers and limitation of liability in these Terms and Conditions, we cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
- Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Applications or any Content is strictly prohibited unless you have received the express prior written permission from authorized personnel of Everest or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Applications. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Applications, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Applications. If you make other use of the Applications, or the content, code, data or materials thereon or available through the Applications, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- Prohibited User Conduct. You warrant and agree that, while using the Applications and the various services and features offered on or through the Applications, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Application’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Everest or otherwise through the Applications), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Applications. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Applications or the services offered on or through the Applications, including without limitation any information residing on any server or database connected to the Applications or the services offered on or through the Applications; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Applications or the services made available on or through the Applications in any manner with the intent to interrupt, damage, disable, overburden, or impair the Applications or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Applications or the Applications’ services or features in violation of Everest’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Applications or the Applications’ services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Applications or the Applications’ services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Applications in any manner that could damage, disable, overburden, or impair the Applications or interfere with any other party’s use and enjoyment of the Applications or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Applications.
- Public Applications. Everest, in its sole discretion, from time to time, may make Mediums, including, but not limited to, social media pages, messaging services, video services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Applications. These Mediums may be made publicly available and we shall have no obligation to, or be responsible for, monitoring or guaranteeing the accuracy, completeness, thoroughness or timeliness of any Content or Publicly Submitted Materials, and in no manner, shall be deemed to provide any medical, financial, personal, professional or other advice or recommendations of any kind. You should not rely on any information or Content contained in our Applications and you should, and hereby agree to, consult with your qualified health care, financial, personal and other professional advisors to meet your individual needs or advise you as to any treatment, recommendation or decision. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish in any Medium, through the Applications or any service or feature made available on or through the Applications, any Content, Publicly Submitted Materials or information which (i) restrict or inhibit any other user from using and enjoying the Applications or the Applications’ services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Everest. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
- Private or Sensitive Content on Public Applications. It is important to remember that Content, information and comments submitted to the Applications may be recorded and stored in multiple places, both on our Applications and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
- Linking to the Applications. You agree that if you include a link from any other web site to the Applications, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Applications. You are not permitted to link directly to any media hosted on the Applications or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use media hosted on the Applications on another web site, for any purpose, including, without limitation, posting such media on another site. You agree not to link from any other web site to this Applications in any manner such that the Applications, or any page of the Applications, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Applications be discontinued, and to revoke your right to link to the Applications from any other web site at any time without written notice to you.
- Orders for Products, Goods and Services. We may make certain products, goods and services available to visitors and registrants of the Applications. If you order any products, goods or services, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Everest You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Applications may be subject to additional terms and conditions presented to you at the time of such purchase or download.
- Third Party Applications. Upon creation of an account with us, you are expressly agreeing to receive information from us and from the Everest community, which may include our trusted partners and the third parties that help our Services run smoothly. You may be able to link from the Applications to third party web sites and third-party web sites may link to the Applications (“Linked Applications”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Applications, even if they are owned or run by affiliates of ours. Links to Linked Applications do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. You may be able, or may not be able, to integrate or input information from other service providers or web sites or sync your Everest account with other services that you use, however, we are not responsible for the content of such information or practices of the other services or companies that provide them. The inclusion of any link to such sites on our Applications does not imply Everest’s endorsement, sponsorship, or recommendation of that site. Everest disclaims any liability for links (1) from another web site to this Applications and (2) to another web site from this Applications. Everest cannot guarantee the standards of any web site to which links are provided on this Applications nor shall Everest be held responsible for the contents of such sites, or any subsequent links. Everest does not represent or warrant that the contents of any third-party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Everest is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- We may not be able to foresee or control any problems in the service provided by third-party service providers, and we cannot and do not assume any liability or responsibility for the timeliness, accuracy, or any failure to store or secure any user data or communications or personalized settings that you may have with those service providers. Any account information shown through Everest is as up-to-date as we are provided, and may not reflect your most recent transactions, even if they are available to you directly from those third-party service providers. By using the Service, you expressly relieve us from any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Services. Everest may, from time to time, voice an opinion or make recommendations of third party products to its user community. Everest may make recommendations of sponsored products. The companies that own and operate any recommended products are the issuers of such products and are fully responsible for their functionality. Everest does not make any guarantee or warranty over those products. If you have any problems or issues arising from those products, please contact the responsible third-party company directly. You are subject to those third parties’ terms and conditions and privacy policies.}
- Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Applications or on Content available through the Applications are registered and unregistered Trademarks of Everest and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Everest that appear on the Applications or on or through the Applications’ services, if any, are the property of their respective owners. Nothing contained on the Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Applications without the written permission of Everest or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Applications or on or through any of the Applications’ services is strictly prohibited.
- Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Applications, or the services or features made available on or through the Applications, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Everest’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
For Everest’s Copyright Agent please contact: [email protected] with the phrase “Copyright Agent” in the subject line.
- Authorization for Charges and Recurring Payments. You are hereby voluntarily subscribing and/or paying for goods, products and/or services of Everest and are hereby authorizing us to charge your credit card or debit card, as inputted by you, in the Amount and for the Term (e.g., one time, weekly, monthly or annually) you agreed to. At the end of each Term, you authorize the recurring subscription or continuity payments on your credit card in the Amount you authorized on your subscription purchase form. We may change the fees in effect at our discretion from time to time, but will give you advance notice of these changes via a message to the email address associated with your account prior to renewal.
- Payment Methods and Billing Cycle. In the event that you decide to purchase a membership, goods or services on a recurring billing cycle on Everest Applications or third-party Applications linked to, or sold through, Everest, you will be billed on the agreed billing cycle in the agreed amount. Updating Billing Information. You can add, edit, or delete payment information for your purchases by contacting [email protected]
- Free Trials & Introductory Offers. If you subscribed to receive goods or services on a free trial or introductory offer basis, you authorize your credit card to be charged at the end of the free trial or introductory Term pursuant to the terms, conditions and price of the offer. The card you used to sign up for a free trial or introductory unless you cancel your subscription one day prior to the auto-renewal.
- Unauthorized or Unrecognized Charges. If you see a credit card charge that you don’t recognize but it’s from Everest, you may take the following steps:
- You can review past charges and print receipts or invoices from your billing history page.
- After reviewing your subscription and payment information, if you feel that you have unauthorized or unrecognized charges, please contact us at [email address] and provide us with your name, address, phone number, account number, date of transaction, amount of transaction, credit number and transaction number and we will investigate your claim.
- We do not offer refunds, but if you have been charged and believe your situation warrants an exception, and our review is in agreement with your assessment, we will credit back the charges.
- Canceling Your Subscription and Customer Refund Policy.
If you sign up for a free trial and cancel, you won’t be eligible to sign up for another free trial for at least 12 months.
To cancel your Premium subscription contact [email protected] with the word “Cancel” in the subject line.
- Turning off auto-renewal. If you currently have a paid subscription and you want to make sure you’re not charged at the end of your term, you’ll need to turn off your auto-renewal. To do this, please visit your billing information page and send an email to [email protected] with the word “Cancel” in the subject line and in the body, provide description of the auto-renewal charge, the transaction number, the date and the amount.
- DISCLAIMER OF WARRANTIES.
TO THE EXTENT THAT WE OWN OR CONTROL THE CONTENT, WE TRY TO ENSURE, WITHOUT ANY OBLIGATION OR GUARANTEE ON OUR PART, THAT THE CONTENT POSTED ON THE APPLICATIONS IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE CONTENT PROVIDED ON THE APPLICATIONS AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT OR PUBLICLY SUBMITTED MATERIALS, OPINIONS, ADVICE OR STATEMENTS ON THE APPLICATIONS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING CONTENT OR STATEMENTS MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES AND SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES PURSUANT TO OUR POLICIES, PROCEDURES AND STANDARDS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, PUBLICLY SUBMITTED MATERIALS, INFORMATION, OPINIONS OR ADVICE AVAILABLE THROUGH THE APPLICATIONS. YOU ARE ADVISED BY US, AND YOU AGREE TO, SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT, PUBLICLY SUBMITTED MATERIALS, INFORMATION, OPINION OR ADVICE INCLUDING BUT NOT LIMITED TO THOSE RELATED TO YOUR HEALTH, FINANCIAL, PERSONAL AND/OR LIFESTYLE CONCERNS.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE APPLICATIONS SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
WE CANNOT AND DO NOT GUARANTEE ANY CHANGE, POSITIVE OR OTHERWISE, IN YOUR FINANCIAL STATUS. WE DO NOT CONTROL ANY OF THE ENTITIES WE WORK WITH OTHER THAN THOSE THAT WE OWN AND OPERATE. SHOULD THE SERVICE, IN ALL OF ITS FORMS PROVIDED BY EVEREST, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT EVEREST, SHALL ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS
EVEREST USES DATA AND INFORMATION PROVIDED TO US BY THIRD PARTIES IN ORDER TO COMPILE CERTAIN PORTIONS OF YOUR PROFILE AND TO PROVIDE CUSTOMIZATION. AS SUCH, EVEREST RELIES ON THE PROVIDERS OF THIS INFORMATION FOR ITS ACCURACY. EVEREST MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY CONTENT, PRODUCTS, GOODS OR SERVICES ORDERED OR PROVIDED VIA THE APPLICATIONS, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE APPLICATIONS OR IN CORRESPONDENCE WITH US OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE APPLICATIONS ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US AND OUR AFFILIATES.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, DATA, BUSINESS, REPUTATION, EMOTIONAL DISTRESS, OR PROFITS, REGARDLESS OF LEGAL THEORY INCLUDING, WITHOUT LIMITATION, ANY RESULTS ARISING FROM, OR RELATED TO, THE DIRECT OR INDIRECT USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF USING OR INABILITY TO USE, THE APPLICATIONS AND/OR THE CONTENT, PUBLICLY SUBMITTED MATERIALS AND FUNCTIONS RELATED THERETO, OR THE USE OF, OR INABILITY TO USE, YOUR PERSONAL INFORMATION, YOUR PROVISION OF INFORMATION VIA THE APPLICATIONS. THE AVAILABILITY OR ACCURACY OF CONTENT OR MATERIALS. IT IS UNDERSTOOD AND AGREED THAT ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS STATED HEREIN AND THROUGHOUT THIS AGREEMENT SHALL BE VALID AND BINDING UPON YOU, EVEN IF WE, OUR AFFILIATES AND/OR ANY PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR AFFILIATES OR OTHER PROTECTED PARTIES HAVE BEEN WARNED OF THE
POSSIBILITY OF SUCH DAMAGES. WE, OUR AFFILIATES AND OTHER PROTECTED PARTIES HEREIN, AREN’T RESPONSIBLE FOR YOUR USE OF THE APPLICATIONS AND/OR THE CONDUCT, PUBLICLY SUBMITTED MATERIALS OR CONTENT OF YOU OR OTHERS IN ANY EVENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY USE OF THE APPLICATIONS OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED IN ANY AND ALL MEDIUMS BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE APPLICATIONS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE APPLICATIONS AND CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE APPLICATIONS OR PURCHASE OF PRODUCTS VIA THE APPLICATIONS.
- Disclaimer of Responsibility and Endorsement of Third Party Applications. Our Applications may provide links and pointers to other Applications maintained by third parties. Our linking to such third-party Applications does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our Affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Applications linked to by us through our Applications.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Everest. Neither Everest nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Everest neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of our Applications by anyone other than an authorized Everest representative while acting in his/her official capacity.
- Indemnification. You agree to defend, indemnify and hold Everest and Everest’s and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Applications, your placement or transmission of any message, content, information, software or other materials through the Applications, or your breach or violation of the law or of these Terms and Conditions. Everest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Everest’s defense of such claim, provided, however, that you shall remain liable for any such claim. Everest shall have the right to immediately terminate or suspend any of your passwords, accounts or subscriptions in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this agreement. the terms and conditions contained this agreement will survive termination of Service and use of the Applications.
- Resolving Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at [email protected] with the word “Dispute” in the subject line we’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or we may bring a formal proceeding.
- Judicial forum for disputes. You and we agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Delaware, subject to the mandatory arbitration provisions below. The parties consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
- IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
- We Both Agree to Arbitrate. You and we agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
- Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Diego, CA, or any other location we agree to.
- Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. We will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Neither party will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that a claim is frivolous.
- Exceptions to Agreement to Arbitrate. The parties may assert claims, if they qualify, in small claims court in San Diego, CA. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Diego, CA to resolve your claim.
- NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. 35. Modifications. Everest may revise these Terms from time to time and in our sole discretion, without prior notice to you. All changes are effective immediately when we post them to the Services, and apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You should revisit this page from time to time so that you are aware of any changes, as they are binding on you. If you do not agree to any changes we make to these terms, please discontinue use of the Services immediately. Continued use after notice of the changes will constitute acceptance of the terms in full. Finally, you may not modify these terms, in whole or in part. Any modification by you will be void and shall have no effect. We may change or discontinue the Services at any time without prior notice, and we reserve the right to terminate this Agreement at our election and for any reason, without prior notice. If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund (if applicable) based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms and Conditions .
- Termination. You’re free to stop using our Services at any time. Everest may terminate, change, suspend or discontinue any aspect of the Applications or the Applications’ services at any time. Everest may restrict, suspend or terminate your access to the Applications and/or its services if we, in our sole discretion, believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Everest maintains a policy that provides for the termination in appropriate circumstances of the Applications use privileges of users who are repeat infringers of intellectual property rights. if, in our sole discretion, we deem any of your activities, behavior content or Publicly Submitted Materials inappropriate, harmful or dangerous, we reserve all rights to, among other things, terminate your account, obtain injunctive relief and seek damages.
Depending upon the circumstances, in our discretion, we may provide you with reasonable advance notice via the messaging address associated with your account to remedy the activity that prompted us to contact you. If after such notice, you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We may, in our discretion, decide to discontinue offering goods and services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we discontinue offering the goods and services to which your subscribed before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but for which you haven’t yet received goods or services.
In the event of termination of services, we have the right, but not obligation, to maintain all data and information to ensure that terminated users and infringers can be identified for maintaining the integrity, efficiency of the security of our Applications.
- Photosensitive Seizures. A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Applications and consult a doctor.
- Waiver, Severability & Assignment. Our failure to enforce a provision or right is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms and Conditions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms and Conditions, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Waiver by you of any breach or default or failure to exercise any right allowed under this Agreement constitutes a waiver of any prior breach or default, and a waiver or forfeiture of any similar or future rights under this Agreement.
- Headings. The headings provided herein are provided for convenience and are not intended to, nor shall, have any binding legal effect.
- Applicable Laws. We control and operate the Applications from our offices in the United States of America. We do not represent that materials on the Applications are appropriate or available for use in other locations. Persons who choose to access the Applications from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
- Controlling Law. These Terms are entered into in the State of Delaware and will be governed by Delaware law and all disputes resolved in said venue. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
- Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.