Terms of Use

Agreement between User And EverestPly

The EverestPly Web site is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User constitutes his/her agreement to all such terms, conditions and notices.

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Privacy Policy

EverestPly believes in protecting your privacy. Your use of our Web site is subject to our Privacy Policy. By using our Web site, you consent to the use of your information as outlined in our Privacy policy.

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Personal and Non-Commercial Use Limitations

This Web site is for the User's personal, non-commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Web site.

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Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EverestPly AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. EverestPly AND.OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EverestPly AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EverestPly AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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No Unlawful or Prohibited Use

As a condition of use of the EverestPly Web site, User warrant to EverestPly that User will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EverestPly Web site. Links to Third Parties' Web Sites

The EverestPly Web site may contain links to other Web sites operated by third parties other than EverestPly. The linked sites are not under the control of EverestPly and EverestPly is not responsible for their contents. EverestPly's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

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Warranty Disclaimer

Unless a provider has agreed otherwise, all content, including software, products, services, information, text, and related graphics contained within or available through this site are provided to you on an "as is", "as available" basis. To the fullest extent permissible pursuant to applicable law, EverestPly makes no representation or warranties of any kind, either express or implied, including, but not limited to: 1) implied warranties or merchantability, fitness for a particular purpose, and title to any of the services and materials provided on the EverestPly web site; 2) any warranties that the functions contained in the services and materials will be uninterrupted or error-free, that defects will be corrected, or that the EverestPly web site or the server that makes it available are free of viruses or other harmful components; 3) any warranties regarding the use, or results of the use, of the services and materials on the EverestPly web site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. You alone assume any and all costs arising in connection with your use of the EverestPly web site.

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Indemnification

As a condition of use of this Web site, the User agrees to indemnify EverestPly and any third party providers and distributors and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excel of the liability described herein or by third parties as a result of your use of the EverestPly Web site.

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Copyright and Trademark Notices

All contents of the EverestPly Web site are: Copyright 2009 by EverestPly, Inc. and/or its suppliers. All rights reserved. Products and company names mentioned herein are the trademarks of their respective owners.

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Modification of These Terms Of Use

EverestPly reserves the right to change the terms and conditions under which the EverestPly web site is offered, including, but not limited to the changes associated with the use of the EverestPly web site. User is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the User's acceptance of such changes.

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Termination of Usage

User access to all or part of the EverestPly site may be terminated or suspended at any time, without notice and for any reason.

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Service Contact

Contact EverestPly with any questions or problems related to this Web site.