www.MountEverestWeekly.com

Terms of Service:

The following terms and conditions govern all use of the mounteverestweekly.com website and all content, services and products available at or through the website. The Website is owned and operated by Jesse Mitchell Lindsey. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mount Everest Weekly’s Privacy Policy) and procedures that may be published from time to time on this Site by Jesse Mitchell Lindsey (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Jesse Mitchell Lindsey, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your MountEverestWeekly.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Jesse Mitchell Lindsey may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Jesse Mitchell Lindsey liability. You must immediately notify Jesse Mitchell Lindsey of any unauthorized uses of your account or any other breaches of security. Jesse Mitchell Lindsey will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    By submitting Content to Mount Everest Weekly for inclusion on the Website, you grant Jesse Mitchell Lindsey a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the blog. If you delete Content, Jesse Mitchell Lindsey will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Jesse Mitchell Lindsey has the right (though not the obligation) to, in his sole discretion (i) refuse or remove any content that, in his reasonable opinion, violates any Mount Everest Weekly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Jesse Mitchell Lindsey's sole discretion. Jesse Mitchell Lindsey will have no obligation to provide a refund of any amounts previously paid.

  3. Fees and Payment. Optional paid services such as music downloads and other other e-commerce options are available on the Website. By selecting a paid service you agree to pay Jesse Mitchell Lindsey the one-time fees indicated for that service. Payments will be charged on the day you make your purchace. Service fees are not refundable.
  4. Responsibility of Website Visitors. Jesse Mitchell Lindsey has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Jesse Mitchell Lindsey does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Jesse Mitchell Lindsey disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MountEverestWeekly.com links, and that link to MountEverestWeekly.com. Jesse Mitchell Lindsey does not have any control over those non-Mount Everest Weekly websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mount Everest Weekly website or webpage, Jesse Mitchell Lindsey does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jesse Mitchell Lindsey disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
  6. Copyright Infringement and Licencing Policy. As Mount Everest Weekly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MountEverestWeekly.com violates your copyright, you are encouraged to notify Jesse Mitchell Lindsey. Mr. Lindsey will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mount Everest Weekly or others, Jesse Mitchell Lindsey may, in his discretion, terminate or deny access to and use of the Website. In the case of such termination, Jesse Mitchell Lindsey will have no obligation to provide a refund of any amounts previously paid to Jesse Mitchell Lindsey.
  7. Intellectual Property. This Agreement does not transfer from Mount Everest Weekly to you any Mount Everest Weekly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mount Everest Weekly. Mount Everest Weekly, the MountEverestWeekly.com logo, and all other graphics and logos used in connection with MountEverestWeekly.com, or the Website are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any third-party trademarks.
  8. Changes. Jesse Mitchell Lindsey reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Jesse Mitchell Lindsey may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Termination. Jesse Mitchell Lindsey may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MountEverestWeekly.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. Jesse Mitchell Lindsey and his suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jesse Mitchell Lindsey nor his suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Jesse Mitchell Lindsey, or his suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jesse Mitchell Lindsey under this agreement during the twelve (12) month period prior to the cause of action. Jesse Mitchell Lindsey shall have no liability for any failure or delay due to matters beyond his reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Mount Everest Weekly Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Jesse Mitchell Lindsey, his contractors, and his licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Mount Everest Weekly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mount Everest Weekly, or by the posting by Jesse Mitchell Lindsey of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Norfolk County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Jesse Mitchell Lindsey may assign his rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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