Terms & Conditions

WEBSITE TERMS AND CONDITIONS

This website is made up of various web pages devoted to helping individuals and communities recover from disasters and to connecting those individuals, organizations and entities who wish to donate services and supplies or have services in supplies in the affected areas with those who need such services and supplies.  You are not required to provide any information on this website. In the future for those who are interested, you will have the option of registering which will allow us to provide you with notifications if additional information is added to the website that may be of interest to you. Should you register in the future, you will be asked to provide your name, mailing address, phone number and email address (your “Personal Information”).  If you indicate that you have a specific need for assistance, we may provide your Personal Information to those individuals, organizations and/or entities who are in a position to provide some or all of the assistance that you require, or to help you in getting that assistance. As provided below, you will also have the option of having your Personal Information removed. 

This Agreement governs your use of this website. The terms and conditions on this website may be changed at any time and you should periodically check to see if changes have been made.  By using this website, you agree that you will be bound by these Website Terms and Conditions that are in affect when you use this website. By registering on the website, you further confirm your agreement to be bound by these Website Terms and Conditions. 

You acknowledge that the content on this website is protected by copyrights, trademarks, trade secrets and/or other rights established by statute and/or by common law.  We and/or our suppliers own all such content. You may not copy, modify, remove, delete, augment, add to, publish, transmit or otherwise create derivative works from the content on this website.  You may print or save a single copy of materials from this website for your personal use. Personal use does not include posting such content on your website, blog or other publicly accessible communications or forums.  

This website is intended for use by adults.  Individuals under the age of eighteen (18) are permitted to use the website only under the supervision of and with the consent of a parent and/or legal guardian.  We do not knowingly collect or solicit information from children under the age of thirteen (13) (each a “Minor”) or allow such persons to submit information to this website.  Should it come to our attention that a user is a Minor and has submitted information to this website, we will remove the information as soon as we are able to do so. If you are a parent or guardian and believe that a Minor for whom you are responsible has submitted personal information to this website, contact us at Contact@EverestEffect.com 

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND THE CONTENTS HEREIN ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND THAT NO REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED,  REGARDING THE WEBSITE OR ITS CONTENTS ARE MADE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (B) ARISING FROM COURSE OF DEALING, COURSE OF USAGE, OR COURSE OF PERFORMANCE; (C) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THE WEBSITE AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE UNDER THIS AGREEMENT; OR (D) AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS INCLUDED ON THE SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION ON THIS WEBSITE IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, ACCOUNTING OR TAX ADVICE, AND SHOULD NOT BE RELIED UPON IN THAT REGARD.

YOU SPECIFICALLY AGREE THAT THIS WEBSITE AND ITS OPERATORS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO INFORMATION THAT YOU SUBMIT THROUGH THIS WEBSITE (IF ANY).  

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WEBSITE AND ITS OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WEBSITE AND ITS OPERATORS DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR THROUGH THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THIS WEBSITE AND ITS OPERATORS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES EXCEPT FOR WILLFUL MISCONDUCT FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF THIS WEBSITE OR ITS OPERATOR EXCEED ONE THOUSAND DOLLARS ($1,000.00), REGARDLESS OF WHETHER THE CLAIM IS BROUGHT IN TORT, CONTRACT OR OTHER LEGAL THEORY.  

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES PROVIDED AS A RESULT OF USING A LINK ON THIS WEBSITE OR AS A RESULT OF BEING CONTACTED BY A BUSINESS AS A RESULT OF INFORMATION YOU PROVIDE ON THIS WEBISTE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE/SERVICES.

The laws of the state of New Jersey, without regard to principles of conflict of laws, govern this Agreement and any dispute of any sort that might arise between you, this website and/or the operators of this website. 

You do not have to supply the Personal Information to use the website.  The website will collect aggregate statistical information regarding visitors to enable it to make adjustments and changes to the website to better serve the needs of our visitors.  This collection of statistical information does not require you to do anything and is not personally identifiable. The only way to avoid the collection of such statistical information is to not use the website. 

If we enable the option of registering and you register,  you may request that we correct or remove your Personal Information from the personal information we collect by sending an email to Contact@EverestEffect.com and requesting the removal or correction of information.  

KNOWINGLY SUBMITTING FALSE OR MISLEADING INFORMATION OR INFORMATION AS TO SOMEONE OTHER THAN YOURSELF MAY CONSTITUTE CIVIL OR CRIMINAL OFFENSE AND MAY SUBJECT YOU TO DAMAGES, FINES AND/OR OTHER PENALTIES FOR SUCH ACTIONS.  YOU AGREE TO INDEMNIFY AND HOLD THIS WEBSITE, ITS OPERATOR AND ANY THIRD PARTY THAT IS SUPPLIED WITH THE INFORMATION YOU PROVIDED HARMLESS FOR ANY DAMAGES CAUSED BY SUCH FALSE OR MISLEADING INFORMATION INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS.  YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THIS WEBSITE AND ITS OPERATOR FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE, BREACH OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. 

If this website allows you to register, you agree to keep the information that you provided current and accurate.  You may request a copy of your registration information and request corrections to your registration information by emailing Contact@EverestEffect.com.

We may use contractors or third parties to provide some of the services. If we need to disclose Personal Information for them to provide the services, it is with the requirement that the Personal Information is kept confidential, is not otherwise disseminated, and is used only to provide us with those services. 

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides copyright owners with recourse in situations where the owners believe that content appearing on the internet infringes such owner’s rights under United States Copyright Law.   If, in good faith, you believe that content contained on this website infringes your copyright, you may send notice to us at the address provided below and request that the infringing material be removed. The notice you send must include (i) identification of the work that is allegedly infringed, (ii) specific identification of the material on this website that is alleged to be infringing, (iii) your name, address, phone number and email address so that we may respond to you; (iv) if you are not the copyright owner, contact information for the copyright owner so that we can confirm that you have the right to act for the copyright owner including a statement under penalty of perjury that you are authorized to act for the copyright owner; (v) a statement that the information contained in the notice is accurate and (vi) your physical or electronic signature.  Any such notice should be sent by email to Webmaster@EverestEffect.com or by certified or registered mail to ___________________________________________________________________________.  

THIS WEBSITE CONTAINS LINKS TO OTHER WEBSITES AND RESOURCES.  WHEN YOU FOLLOW ONE OF THOSE LINKS, YOU ARE LEAVING THIS WEBSITE.  WHENEVER YOU FOLLOW SUCH A LINK, THE EVEREST EFFECT TERMS AND CONDITIONS WILL NO LONGER APPLY AND THE TERMS AND CONDITIONS OF THE WEBSITE THAT YOU GO TO WILL APPLY.  PLEASE READ THEM.  

ACCEPTANCE LANGUAGE:

PLEASE READ ALL OF THE TERMS AND CONDITIONS VERY CAREFULLY.  BY ACCESSING AND/OR USING THE WEBSITE AND BY FURTHER CLICKING WHERE IT SAYS “I AGREE”,  YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS THAT APPEAR ON THIS WEBISTE AND ANY CHANGES TO THOSE TERMS AND CONDITIONS ONCE THEY ARE POSTED ON THE WEBSITE.