Terms of Use
GENERAL TERMS & CONDITIONS
TERMS OF USE GOVERNING THE TEAM EVEREST WEB SITE
Your use of the Team Everest site (collectively, the “Company Site”, or “Site”) or any of the products or services offered on the Site (the "Services") is subject to these Terms of Use (these "Terms"). Team Everest (the "Company") may modify these Terms at any time without notice to You by posting revised Terms on our sites. BY USING THE TEAM EVEREST SITE, YOUS AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS, INCLUDING ANY MODIFICATIONS THAT WE MAKE. If You do not want to be bound by these Terms, DO NOT USE the Team Everest Site.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
The Company has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without providing any prior notice:
1. Restrict, suspend or terminate Your access to all or any part of the Company’s Services;
2. Change, suspend or discontinue all or any part of the Company’s Services;
3. Refuse, move or remove any material that You submit to the Company Site for any reason;
4. Refuse, move, or remove any content that is available on the Company Site;
5. Deactivate or delete Your accounts and all related information and files in the accounts;
6. Establish general practices and limits concerning use of the Company Site
You agree that the Company will not be liable to them or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from the Company or its partners and that these communications are considered part of the Services. You may opt out of receiving these messages. You also understand that our Services may include advertisements.
1. Changes in Terms
The Company maintains the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Company Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Company Site. You are responsible for reviewing the Company Site periodically for any modification to this Agreement that may affect Your rights or obligations hereunder. You agree that they shall be deemed to be apprised of and bound by any modification by the Company to these Terms. ANY ACCESS OR USE OF THE COMPANY SITE BY YOUS AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUS AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than the Company shall be valid or enforceable against the Company unless expressly agreed to by the Company in a writing signed by a duly authorized officer of the Company.
2. Termination
These Terms are effective until terminated by the Company. The Company may terminate these Terms without notice and at any time. In the event of termination, You are no longer authorized to access the Company Site, and the restrictions imposed on them with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
The Company shall also have the right without notice and at any time to terminate the Company Site or any portion thereof, or any products or services offered through the Company Site, or to terminate any individual's right to access or use the Company Site or any portion thereof.
3. Compliance with Laws
Use of the Company Site is subject to existing laws and legal process. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding their use of the Site and their purchase of the items on the Site. Nothing contained in these Terms shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to You use of the Company Site. You must be at least [ enter info here ] years old to use the Company Site.
4. No Representations or Warranties
The services provided on the Company Site and the content, information, documents, graphics and images published on the Company Site could include inaccuracies, typographical errors or other errors. The Company makes no commitment, however, to update what is contained in the Company Site. Furthermore, the Company reserves the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOUS HEREBY WAIVE ALL SUCH WARRANTIES.
Users of the Company Site should not rely upon opinions expressed at the Site when making business, financial, personal or other decisions. Furthermore, the Company does not endorse the opinions of third parties expressed on the Company Site or on linked Web sites.
5. Content on the Company Site
The Company Site includes a combination of content that the Company creates and our partners create. All materials published on the Company Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by the Company’s copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content of the Company Site in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that You upload, post, email, transmit or otherwise make available on the Company Site ("Your Content"). You certify that You own all intellectual property rights in Your Content. You hereby grant the Company, its affiliates, and its partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of:
1. Displaying Your Content on the Company Site;
2. Distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
3. Storing Your Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
The Company does not guarantee the accuracy, integrity or quality of the content on the Company Site. You may not rely on any of this content, including, but not limited to, product descriptions, offer details and pricing.
6. Your Conduct on the Company Site
The technology and software underlying the Company Site and the Services is the property of the Company, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Company Site.
Without limiting the foregoing, You agree that they will not use the Company Site to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless You have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that You know or reasonably should know, cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, a Company representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate Your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
14. Engage in any illegal activities
If You choose a username that, in our sole discretion, is obscene, indecent, abusive, or which might otherwise subject us to public disparagement or scorn, the Company reserves the right, without prior notice to You, to automatically change Your username, delete Your posts from the Company Site, deny You access to the Company Site, or any combination of these options.
Unauthorized access to the Company Site is a breach of these Terms and a violation of the law. You agree not to access the Company Site by any means other than through the interface that is provided by the Company for use in accessing the Company Site. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Company Site except those automated means that the Company has approved in advance and in writing.
7. Web Site Links and Third-Party Sites
The Company Site may contain links to other web sites which are independent of the Company Site. The Company makes no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by the Company of that web site, or of the products or services described therein.
Furthermore, although the Company attempts to restrict such content, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and the Company hereby disclaims, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
8. Confidentiality
Your confidential use of the Company Site cannot be guaranteed by the Company. The Company shall not be responsible for any harm that You or any person may suffer as a result of a breach of confidentiality in respect to Your use of the Company Site.
9. Security
You may have an account and password. You are responsible for maintaining the confidentiality of Your password and account information and are fully responsible for all conduct carried out under this password and account. The Company is not liable for any loss of confidentiality or for any damages arising from Your failure to comply with these terms. You will promptly report any unauthorized use of Your password to us.
10. Privacy Policy
The information that the Company obtains through Your use of the Company Site, is subject to our Privacy Policy. The Privacy Policy contains terms and conditions that govern our collection and use of the information You provide and our respective rights relative to that information. Please review the Privacy Policy before You use the Company Site. Your use of the Company Site indicates an agreement to the Privacy Policy.
11. Prices; Orders
All prices displayed on the Company Site are quoted in U.S. dollars. The Company may restrict delivery to addresses within the United States and Canada. The Company will add shipping and handling fees and applicable sales/use tax. The Company reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Company Site without incurring any obligation to You. Products displayed on the Company Site are available while supplies last. Descriptions of, or references to, products or services on the Company Site do not imply endorsement of that product or service, or constitute a warranty, by the Company.
The receipt by You of an order confirmation does not constitute the Company’s acceptance of an order nor does it constitute confirmation of the Company’s offer to sell. Prior to the Company’s acceptance of an order, verification of information may be required. The Company reserves the right at any time, and for any reason, after receipt of Your order to accept or decline Your order, or any portion thereof, even after Your receipt of an order confirmation from the Company. The Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. Your order will be deemed accepted by the Company upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers
All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. The Company may require additional verifications or information before accepting any order. On all products where the Company is a reseller to end users the Company does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell without prior written approval from the Company.
12. No Responsibility to Sell Mispriced Products or Services
In the event that a product or service is listed at an incorrect price, incorrect rebate or refund, or containing any other incorrect information or typographical errors on the part of the Company or whether due to supplier pricing information or typographical error, the Company shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, or other error, regardless of whether the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and the order is canceled, the Company shall promptly issue a credit to Your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by You and shipped by the Company pass to You upon the Company’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by You and shipped directly by one of the Company’s vendors pass from such vendor to You upon such vendor's delivery to the carrier for shipment.
13. Modifications to Prices or Billing Terms.
The Company reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the Company Site or by e-mail delivery to You.
14. Price Comparisons, "List Price" and "You Save"
Price comparisons may be made throughout the Company Site to indicate the relative savings amounts of the Company’s pricing. "LIST PRICE" is the suggested retail price provided to us by the Company’s suppliers. The Company makes no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in Your area may be substantially different. Because the Company sells its merchandise over the internet on an international basis, it is not possible to know if the Company’s merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between the Company’s price and the supplier provided list price shown on the Company Site. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
15. Service and Support for Goods Sold
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
16. Disclaimer and Limitation of Liability as to the Company Site and Content
The Company makes no warranties or representations whatsoever with respect to the Company Site or any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. The Company also does not warrant or represent that Your access to or use of the Company Site or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided in the Company Site is provided to users "as is," with no warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The "as is" condition of content is expressly made a condition of any transaction arising through or as a result of the Company Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall the Company, its officers, employees, contractors, subcontractors, suppliers or their respective directors, agents, affiliates, subsidiaries, successors, or assigns be liable to You or to any third party for any direct, indirect, consequential, incidental, special or other indirect or punitive (including without limitation, cost of cover), damages, whether in contract or in tort, including negligence, strict liability or other legal basis, arising in any way out of or in connection with this agreement, access to or use of, or inability to access or use, the Company Site or any linked site or its contents. The term “damages” includes, but is not limited to attorney fees, any lost profits, business interruption, or loss of programs or other data on Your, or any other third party’s computer systems or otherwise, even if the Company is expressly advised of the possibility of such damages. You acknowledge that the economic terms of the agreement with the Company reflects the foregoing allocation of risk and such allocation of risk is a significant inducement for it to provide the Services, the Company Site, and other content and materials.
17. Disclaimer and Limitation of Liability as to Products and Services
The Company wants You to be completely satisfied with their Team Everest purchase. If for any reason You are not entirely pleased with a product You purchased on the Company Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between You and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
All products and services sold by the Company are subject to any applicable warranties and representations of their respective manufacturers, including but not limited to year 2000 compliance. Accordingly, the Company makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, the Company expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold on the Company Site, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall the Company, its officers, employees, contractors, subcontractors, suppliers or their respective directors, agents, affiliates, subsidiaries, successors, or assigns be liable to You or to any third party for any direct, indirect, consequential, incidental, special or other indirect or punitive (including without limitation, cost of cover), damages, whether in contract or in tort, including negligence, strict liability or other legal basis, arising in any way out of or in connection with this agreement, access to or use of, or inability to access or use, the Company Site or any linked site or its contents. The term “damages” includes, but is not limited to attorney fees, any lost profits, business interruption, or loss of programs or other data on Your, or any other third party’s computer systems or otherwise, even if the Company is expressly advised of the possibility of such damages. In no event shall the Company's liability exceed the price You paid for the product or service that is the subject of the claim.
18. License
Nothing contained in the Company Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of the Company intellectual property rights, or under any third party's intellectual property rights, and no part of the Company Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
19. Claims of Copyright Infringement
The Company respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If You believe that any material on the Company Site infringes on any copyright which You own or control, or that any link on the Company Site directs You to another Web site that contains material that infringes on any copyright which You own or control, please provide the Company copyright agent the written information specified below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that Your claim has been infringed;
3. A description of where the material that You claim is infringing is located on the Company Site, including the item number, if applicable;
4. Your address, telephone number, facsimile number and email address;
5. A statement by You that they have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
6. A statement by You, under penalty of perjury, that the above information in Your Notice is accurate and that they are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The Company Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: info@teameverest.net
Attn: Copyright Agent
Legal Department
Team Everest, Inc.
797 N 1550 E Ste 175
Orem, UT 84058
20. Indemnification
You hereby agree to indemnify, defend and hold the Company, and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "Team Everest Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Team Everest Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:
1. Your use of the Company Site;
2. The content, quality or performance of content that You submit to the Company Site;
3. Your connection to the Company Site;
4. Your violation of these Terms; or
5. Your violation of the rights of any other person or entity.
The Company reserves the right, at the expense of the Company, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company and You agree to cooperate with the Company’s defense of these claims.
21. International Use
The Company does not represent that all content, materials and services on the Company Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
22. Disclaimers
The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the Company Site. The Company disclaims any responsibility for any service outages that are caused by the Company’s maintenance on the servers or the technology that underlies the Company Site, failures of its service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of its facilities, an act of nature, war, civil disturbance or other cause beyond its reasonable control.
The Company does not warrant that the Company Site will be uninterrupted or error-free. In addition, the Company does not make any warranty as to the content on the Company Site. The Company Site and their content are distributed on an "as is, as available" basis. Any material that You download or otherwise obtain through the Company Site is done at Your own discretion and risk, and You will be solely responsible for any potential damages to Your computer system or loss of data that results from Your download of any such material. Neither the Company nor any of its partners makes any warranty that:
1. The Company Site will meet Your requirements,
2. The Company Site will be uninterrupted, timely, secure, or error-free,
3. The results that may be obtained from the use of the Company Site will be accurate or reliable,
4. The quality of any products, services, information, or other material that You purchase or obtain through the Company Site will meet Your expectations, and
5. Any errors will be corrected. Neither the Company nor any of our partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Company Site, any content or any our services, tools, products or properties. You expressly agree that they will assume the entire risk as to the quality and performance of the Company Site and the accuracy or completeness of its content.
Neither the Company nor its partners shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Company Site, even if the Company has been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
23. Arbitration
The Company may elect to resolve any controversy or claim arising out of or relating to these Terms or the Company Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orem, Utah and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Orem, Utah necessary to protect the rights or property of Yours or the Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
24. Submissions
Except as otherwise expressly provided herein or in the Company Privacy Statement posted on the Company Site, any communication or material You transmit to the Company Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by the Company, its vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Company, its vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Company Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
25. Miscellaneous
The Company may be required by state or federal law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to You through email. You may update Your email address by visiting the Services where You have provided contact information. If You do not provide the Company with accurate information, the Company cannot be held liable if it fails to notify You.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, if You wish to bring any claim or cause of action arising out of or related to use of the Company Site or these Terms such action must be filed within one (1) year after such claim or cause of action arose or be forever barred. You waive all claims that any other statues of limitations applies.
These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between You and The Company and govern Your use of the Company Site, superceding any prior agreements that You may have with the Company.
These Terms shall be construed in accordance with the laws of the State of Utah, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Orem, Utah if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Any provision of these Terms which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms in that jurisdiction without in any way invalidating the remaining provisions of these Terms. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Copyright © 2007 Team Everest, Inc. All rights reserved.
This store brought to you by Eric Anderson