Your use of Everest Refrigeration’s website (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Site.
1. OWNERSHIP. Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) Everest and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site is copyrighted under the United States copyright laws. Everest owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Everest or such other party that may own the Materials.
2. USE OF SITE. Except for your non-commercial personal use, the Site, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose Unauthorized use of the Site and/or the Materials may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading or otherwise submitting a file or other information (“Contribution”) to the Site, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Everest a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, reformat, view, print and display the Contribution for that user’s personal use.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.
5. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Site is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Site. Neither Everest nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of Everest.
THE SITE IS PROVIDED “AS IS”, AND NEITHER EVEREST NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Everest or any of its content providers, agents, or the like shall create any warranty. Neither Everest nor any of its content providers, agents, or the like warrants that access to, or use of, the Site will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. EVEREST, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT EVEREST KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, EVEREST, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
6. LIMITATION OF LIABILITY. Everest and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Everest has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Everest and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet.
7. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
8. The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. Everest’s willingness to allow you to use the Site reflects this allocation of risk and the limitations of liability specified herein.
9. INDEMNIFICATION. You agree to indemnify Everest and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon use your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
10. LINKS. The Site may contain links to websites operated by parties other than Everest. Such links are provided for your reference only. Everest does not control such websites and is not responsible for their contents. Everest makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Site’s inclusion of links to other websites does not imply Everest’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, the state of California, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement.
12. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Everest nor the trade practice shall modify any provision of these Terms and Conditions.
13. MODIFICATION. Everest may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
14. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. INTELLECTUAL PROPERTY NOTICES. All contents of the Site are Copyright © 2017 Everest Refrigeration and/or its affiliates, Everest Refrigeration, 201 W. Artesia Blvd, Compton, CA 90220 U.S.A. All rights reserved. Everest and other names of Everest services referenced in the Site are trademarks or registered trademarks of Everest Refrigeration. Other product and company names mentioned in the Site are the trademarks of their respective owners.
17. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.