YOU MUST AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT TO BECOME A USER (THE "USER"), WHICH IN TURN PERMITS YOU TO ACCESS CERTAIN PRODUCTS (THE "PRODUCTS") OF EVEREST GLOBAL, INC., D/B/A EVEREST GROUP (“EVEREST GROUP”) ON THE WEB SITE. BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO THE TERMS OF THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS.
- Changed Terms. Everest Group may change or discontinue any aspect of its website at any time, including, its content or features. Everest Group reserves the right to change the terms and conditions applicable to use of the Products. Such changes shall be effective immediately upon notice, which shall be placed on the website. Use of the Products after notice shall be deemed to be acceptance by User of such changes.
- Term. Everest Group may terminate User's access at any time for any reason. The provisions regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights (provided herein below) shall survive.
- Copyright and License of Product. The Products are the property of Everest Group and are protected by U.S. and international copyright law and conventions. User acknowledges that access to the Products is limited to the License terms set forth herein and any expansion must be in writing. The granting of the License to access and use the Products is conditioned on User's agreement not to disclose, copy, disseminate, redistribute, or publish a Product, or any portion of or excerpts of a Product to any other party.
User shall have the right to use the Products solely for its own internal information purposes (the "License"). Reproduction of the Products in any form or by any means is forbidden without Everest Group’s written permission, including but not limited to:
- information storage and retrieval systems;
- recordings and retransmittals over any network (including any local area network);
- use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
- posting any Product to any other online service (including bulletin boards or the Internet); or
- sublicensing, leasing, selling, offering for sale or assigning the Product.
- Disclaimer of Warranties. Everest Group does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Products. Although Everest Group takes reasonable steps to screen Products for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Products available, Everest Group cannot guarantee that any Product will be free of infection.
- Accuracy of Information. The information contained in the Products has been obtained from sources believed to be reliable. Everest Group disclaims all warranties as to the accuracy, completeness or adequacy of such information. The User assumes sole responsibility for the selection of the Products to achieve its intended results. The opinions expressed in the Products are subject to change without notice.
- Limitation of Liability. In no event will Everest Group be liable for: a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use Everest Group’s website or the Products, or any information provided on the website, or in the Products; or b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
- Links. This Web site contains links to other Web sites, which are provided as resources for the convenience of users. Because Everest Group is not responsible for maintaining these sites, please direct your concerns about any of the linked sites to that site's administrator.
- Indemnification. User agrees to indemnify, defend and hold harmless Everest Group, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the Products by User or User's account.>
- Third Party Rights. The provisions regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of Everest Group, and its licensors, employees and agents. Each shall have the right to assert and enforce those provisions against a User.
- General Provisions. Any provision in any memorandum received by Everest Group in connection with the Product which is inconsistent with, or adds to, the provisions of this Agreement is void. Neither the parties' course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.
- Governing Law. This Agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Texas, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of the state of Texas.