BEFORE YOU PLACE YOUR ORDER OR USE THIS SITE, PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY COMPLETING AN ORDER OR ACCESSING THE SITE YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
The Web site is located at http://www.TransformToEverest.com ("Site"). Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement").
As used in this Agreement, "I," "we," "us'" or "our" refers to TransformToEverest.com and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to or visiting the site.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with username and password guidelines.
YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD.
You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password.If you lose your username or password, you can retrieve it be entering your email address at https://TransformToEverest.com/login/?action=forgot_password.
If you have changed email addresses or that form does not work, you can contact us by using our support center at https://TransformToEverest.com/contact
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site.
Your subscription may or may not renew automatically, depending on the option you chose during a purchase. You can renew by using the links found within the members only area or by ordering from our home page.
You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges fall under the refund policy posted on our site.
You agree that if you obtain a refund for your membership to the TransformToEverest.com you are not allowed to purchase another membership.
If we make an exception to this policy and allow you to purchase again, you agree to waive your right for a second refund.
All purchases you make based on the information found within the TransformToEverest.com are transactions between you and the parties involved. TransformToEverest.com makes no warranties and offers no guarantees as to the usability of the information found within.
All purchases of advertising, as well as any other agreements made between you and publishers listing their information within the TransformToEverest.com are between you and the publisher solely and do not involve or entangle the TransformToEverest.com or any site.
TransformToEverest.com may change the fees and charges then in effect, or add new fees or charges, without advanced notice by posting said fees on their website. This does NOT affect the price of an item you have already purchased.
You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT TransformToEverest.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others.
You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You agree to use the Communication Services for lawful purposes only.
You are also prohibited from submitting to, posting or transmitting through TransformToEverest.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited.
You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of TransformToEverest.com nor its affiliates, not any of their officers, directors, employees, or agents.
You acknowledge that TransformToEverest.com does not pre-screen all content, but that TransformToEverest.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services.
Without limiting the foregoing, TransformToEverest.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
You specifically agree that TransformToEverest.com is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright, License, and Restrictions
This Web site contains proprietary material of TransformToEverest.com (or material that other suppliers have licensed to TransformToEverest.com for their use) which is protected by copyright, trademark, and other laws respecting proprietary rights.
TransformToEverest.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media.
You may not use TransformToEverest.com except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
“TransformToEverest.com” and other variations of "Transform to Everest" are our service marks or registered service marks or trademarks. Other product or company names mentioned on the Site may be service marks or trademarks of their respective owners.
End users who are duly authorized may access TransformToEverest.com for individual use, i.e., may view the information on screen only.
No information is to be downloaded, saved to your hard drive for use later on, or printed or captured in any way (including but not limited to audio, video or screen capture).The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein.
No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from TransformToEverest.com.
Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause TransformToEverest.com and/or TransformToEverest.com’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages.
You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by TransformToEverest.com, and/or any of TransformToEverest.com’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with this Agreement.
Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by TransformToEverest.com.
If you breach any provision of this Agreement, TransformToEverest.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.
6. Limitations and Prohibitions on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site.TransformToEverest.com can detect the use of these systems through live log file analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology. We are able to detect robots violating the guidelines and we will ban any offenders.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by TransformToEverest.com, or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by TransformToEverest.com. While we use commercially reasonable efforts to provide accurate information, TransformToEverest.com gives no warranty as to the accuracy of the database and other content on the Site.
TransformToEverest.com reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
TransformToEverest.com does not endorse, create, or maintain the content on any third-party Web site, including Web sites of TransformToEverest.com's affiliates ("Third-Party Sites").
TransformToEverest.com is not responsible for the content, accuracy, or opinions expressed on Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy.
Such Third-Party sites are not investigated, monitored, or checked for accuracy or completeness. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites.
Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that TransformToEverest.com is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to TransformToEverest.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS, WRITTEN MATERIALS AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY TransformToEverest.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND TransformToEverest.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TransformToEverest.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONTENT, SOFTWARE, PRODUCTS, WRITTEN MATERIALS, AND OTHER SERVICES PROVIDED BY THIS SITE ARE ASSUMED BY YOU.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU BY TransformToEverest.com SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Damages
IN NO EVENT WILL TransformToEverest.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF TransformToEverest.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL TransformToEverest.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY TransformToEverest.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
You agree to indemnify and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, advertisers, and affiliates harmless from any liability, loss, claim, and expense, and to pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement or use of the Site.
You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of TransformToEverest.com.
14. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to and does not constitute legal advice under any circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness, completeness, or adequacy of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
15. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member.
If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so.
Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
16. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
TransformToEverest.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that TransformToEverest.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or TransformToEverest.com.
TransformToEverest.com may also elect not to renew your subscription and access by providing a notice of non-renewal. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of TransformToEverest.com in a non-electronic record, and any assignment without TransformToEverest.com's consent will be voidable at TransformToEverest.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
19. Applicable Law and Disputes
TransformToEverest.com’s principal office is located in College Station, Texas. By doing business with TransformToEverest.com, you agree that an offer is being made from College Station, Texas and that this Agreement shall be governed by the laws of the State of Texas, U.S.A., without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate TransformToEverest.com and/or its affiliates' intellectual property rights, TransformToEverest.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, U.S.A., and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: College Station, Texas, U.S.A. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: College Station Texas, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
TransformToEverest.com may change the provisions of this Agreement. When TransformToEverest.com changes the terms of this Agreement, TransformToEverest.com will notify you by email or online postings on this Site.
The changes will also appear in this document, which you can access any time.
You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the “I agree” box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
21. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by TransformToEverest.com except in a signed, non-electronic writing signed by an authorized representative of TransformToEverest.com.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and TransformToEverest.com or its affiliates as a result of this Agreement or your use of the Site.