Everest Solar Systems, LLC
2835 La Mirada Drive, Suite A
Vista CA 92081
Tel.: +1 760.301.5300
Managing directors: Katharina David, Andy Neshat
K2 Systems GmbH
Tel.: +49 (0) 71 59 42 059-0
Fax: +49 (0) 71 59 42 059-177
These terms and conditions of use were last updated on August 17, 2012.
Please read the following terms and conditions of use carefully before using this website. All United States users of this site agree that access to and use of this site are subject to these terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. For users of this website who are located in Germany, please see the German imprint for additional information applicable to Germany.
Everest Solar Systems, LLC (the “Company”) provides this website (the “website” or “site”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our site to get you comfortable with our site and to make it useful to you. These Terms and Conditions of Use (the “Terms and Conditions”) help enable us to provide you with the products and services, information, other content and features available through our site.
1. Scope of Access to Website and Related Rights: Subject to these Terms and Conditions, the Company grants you a limited, revocable right to access and use the site solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this website. Further, you may not reproduce all or any portion of the site. This website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.
2. User Account: If this website is enabled now or in the future to allow you to order from this site or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.
3. Product Errors or Other Information Errors: Although the Company strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, occasionally pricing or other information errors may occur on this site. In the event that a the Company product that is available through this site is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to refuse or cancel any orders placed for product listed at an incorrect price or based on incorrect product information.
4. Termination of Website Use: The Company may terminate your access to this website at any time. In addition, your access rights to use this website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this website as a result of your failure to comply with these Terms and Conditions. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademarks, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.
5. Website Warranty Disclaimers: THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitations of Liability: THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY’S PRODUCTS, SERVICES OR THIS SITE, THE PERFORMANCE OR USE OF THIS WEBSITE, OR ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Copyright: The entire contents included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this site.
9. Trademarks: All trademarks, service marks and trade names and logos of the Company used in this site are trademarks or registered trademarks of the Company. Other marks used on this site that have been posted by the Company are the property of their respective owners and are used on this website under permission.
10. Applicability of Terms and Changes: These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or ordering process. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this website.
11. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms and Conditions, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.
12. Third-Party Links: In an attempt to provide increased value to our customers and other site visitors, the Company may provide links to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate terms and privacy practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
13. Notice and Address: The Company may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Company.
The Company’s mailing address is as follows:
Everest Solar Systems, LLC
3809 Ocean Ranch Blvd.
Oceanside, CA 92056
14. Miscellaneous: Your use of this site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to such state’s choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance 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 the parties nor trade practice shall act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.