TERMS & CONDITIONS
EVEREST CLUB
THE AGREEMENT: This Mentorship Agreement (hereinafter, “Agreement”) is made by and between Summit NOW, hereinafter referred to as “Program Provider,” and you, further defined below as a participant in the Program.
All parts and subparts of this Agreement are specifically incorporated by reference here. This agreement shall govern the use of all pages and screens in and on the Program (all collectively referred to as “Program”) and any services provided by or on this Program Provider through the Program (“Services”) and/or Program Provider’s website (“Website”).
Article 1 – DEFINITIONS:
a) The parties referred to in this Agreement shall be defined as follows:
i) Program Provider; as the creator, operator, and publisher of the Program, we are responsible for providing the Program publicly. The Program Provider will be referred to as us, we, our, ours, and other first-person pronouns, as well as, if applicable, all employees and affiliates of the Program Provider.
ii) You, as the participant in the Program and user of the website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as a user or participant.
iii) Parties: The parties to this Agreement ( Program Provider and You) will be referred to as parties.
Article 2 – ASSENT & ACCEPTANCE:
By purchasing and participating in the Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by this Agreement. If you do not wish to be bound by this agreement, please cease your participation in the Program immediately. If you do so after purchase, you will not be entitled to any refund. The Program Provider agrees to provide the Program under the conditions you assent to this Agreement.
Article 3 – AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website, participate in the Program or access any Services contained herein. By participating in the Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Program assumes no responsibility or liability for any misrepresentation of your age.
Article 4: LICENSE TO USE WEBSITE & ACCESS PROGRAMS MATERIALS
As a result of you accessing the Program, we may provide you with certain information. Including, but not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Program (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Program and your use of the Website. It is prohibited to give another individual access to your account. Your login information is confidential and should not be given to another individual. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Program, your cessation of use of the Program or the Website, or at the termination of this Agreement.
Article 5: PROGRAM TERMS
The Program and any of its accompanying Materials may not be shared with any party. If we suspect that the Program or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Program, at our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Program or Program Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Program, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Program;
D) This Program does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 6: INTELLECTUAL PROPERTY
You agree that the Materials, the Program, the Website, and any other Services provided by the Program Provider are the property of the Program Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP)”. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree to not reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
Article 7: CONTENT YOU POST
Through your participation in the Program and your use of the Website, you may be permitted to post materials to Program pages, and other parts of the Website (“User Contribution”. You hereby grant the Program Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of User Contributions you post. The Program Provider claims no further proprietary right in your User Contributions.
You also agree to comply with the “Acceptance Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
Article 8: YOUR OBLIGATIONS
As a participant in the Program, you will be asked to register with us. When you do so, you will choose a user id, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Program. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Program or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
OBLIGATIONS: As a participant in the Program, you will be asked to undertake and complete the following obligations:
Article 9: PAYMENT & FEES
As noted above, the total fees for the Program go as follows: $29,029 or four payments of $8,000.
Payment plans are structured as follows: Four monthly payments of $8,000. You agree to pay the monthly dues set forth on the front of this Agreement. Monthly dues and house charges shall be debited from your account through the electronic funds transfer system on a monthly basis and reflect the current month’s dues and the prior month’s charges.
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If you are unable to complete your monthly payment your account will be deactivated.
Article 10: CANCELLATION
Month-to-Month plans can be canceled at any time, however, all cancellation requests must be submitted via our Cancellation Request Form and be received thirty (30) days prior to your credit/debit card processing date. Monthly payment plans require a minimum of 30 days’ written notice prior to the next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30-day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once final payment has been drawn from your account, participants will have 30 days from the last bill date to use the Program’s Materials. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card.
Article 11: ACCEPTABLE USE:
You agree not to use the Program or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Program or the Website in any way that could damage the Program, Website, Services, or general business of the Program Provider.
a) You further agree not to use the Program or the Website:
i) To harass, abuse, or threaten other or otherwise violate any person’s legal rights;
ii) To violate any intellectual property rights of the Program Provider or any third party;
iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
iv) To perpetrate any fraud;
v) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
vi) To publish or distribute any obscene or defamatory materials;
vii) To publish or distribute any material that incites violence, hate or discrimination towards any group;
viii) To unlawfully gather information about others.
Article 12: AFFILIATE MARKETING AND ADVERTISING:
We engage in affiliate marketing whereby we receive a commission on or a percentage of the sale of goods or services on or through the Program and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive either form of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Article 13: NO LIABILITY:
The Program and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Program, in the Materials, or on the Website is not intended to be legal, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Program is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Program, in the Materials, or on the Website.
Article 14: REVERSE ENGINEERING & SECURITY
You agree to not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Program or Website through unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any hose, use, or network.
Article 15: DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Program or use of the Website is at your own risk.
Article 16: INDEMNIFICATION
You agree to defend and indemnify the Program Provider and any of our affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Program, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions You agree that we shall we able to select our own legal counsel and may participate in our defense if we wish.
Article 17: SPAM POLICY
You are strictly prohibited from using the Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 18: MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting it on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
Article 19: ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Program. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 20: SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Program to perform maintenance or emergency services on a scheduled and unscheduled basis. You agree that your access to the Crouse and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 21: LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Program or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of the Program Provider arising from or relating to this Agreement is limited to the great of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 22: GENERAL PROVISIONS
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Program and your use of the Website, you agree that the laws of Washington shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in King County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law in Washington. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by us will not be subjected to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they have to jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement or the rights granted hereunder may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise be transferred by the Program Provider, the rights and liabilities of the Program Provider will bind and insure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or enforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part of the sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargos, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this agreement, including email or social media. For any questions and concerns, please email us at summitnowsocial@gmail.com