Terms of Use & Conditions of Sale
Welcome to The Everest Formula. Thanks for using our services. By using the Services, you agree to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”). These Terms govern your use and access to the website and our Services. We may change these terms anytime, but we will post a notice on this website of any material changes. Your continued use of The Everest Formula and its Services means you accept any new or modified terms and conditions. So please check back here from time to time.
Some Services are works in progress. We reserve the right to change or even eliminate them with no notice at our sole discretion.
1. Registration
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with The Everest Formula. In other words, it’s one registration per person. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse, or otherwise trick our members or us, is a breach of these Terms and Conditions.
As a registered user, you can update your account settings, including your email address (that acts as username), by going to the My Account section. There you can also change your email and password at any time. Also, if you forget your password, you can reset it on the login page.
2. Paid Services
When subscribing to a premium Service such as basic and premium memberships, you will need to connect to the Paypal platform to finalize the subscription. You agree to pay the applicable subscription fee as set forth on this site. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE PAYMENTS ON YOUR PAYPAL ACCOUNT OR CREDIT CARD UNLESS YOU CANCEL.
You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that they remain accurate and current. In the event that any information you provide is inaccurate or not up to date, The Everest Formula reserves the right to cancel your subscription.
Unless stated otherwise, membership to any Service is for online and/or electronic access only. Our services deliver their content via web and email, including the market screener, the companies scorecards, and the e-mail newsletters. There is no opt-out choice available for these emails (unless you cancel your subscription). Of course, you can always opt out of our marketing emails on the “My Account” page.
Automatic Billing and Cancellation Policy
Your membership will automatically renew at the then-current rate until you notify us of your decision to terminate your membership. For subscription terms greater than three months, we will email you about the length and price for your renewal before we charge you. If you want to turn off the automatic renewal, you can cancel the subscription on the “My Account” page. Your access to paid content will be available until the subscription period expires. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE PAYMENTS AGAINST YOUR CREDIT CARD OR PAYPAL. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate established by Paypal. Any subscription purchased using Paypal will continue to renew on Paypal.
Everest Formula reserves the right to increase a Service’s fees or institute new charges upon reasonable notice. Service fees are due in advance.
Refunds
No refunds are available for already purchased memberships, except when upgrading from Basic to Premium membership. In this case, a partial refund will be emitted, computed in relation to the remaining days before expiration.
In case of upgrading from a yearly billed Basic membership to a monthly billed Premium membership, a partial refund will be emitted every month until the expiration date of the basic membership. If in the meantime, the Premium subscription is canceled by the user, the refund process will be stopped.
Subscription Transfer
You cannot transfer your subscription to someone else.
Discontinuing a Service
We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.
In the event that we discontinue a Service, you agree that The Everest Formula may transfer your subscription to another Service of equal or greater value.
3. Intellectual Property
All of the Content on our websites and any Service we provide is protected by international copyright laws and is the property of The Everest Formula. By “Content” we mean any information, mode of expression, or other materials and services found on The Everest Formula. This includes message boards, blogs, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 2021 [or whatever the current year is] The Everest Formula. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without our prior written permission. That means you may not sell, auction, transfer or barter your subscription.
You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service. In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks, and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don’t do it.
You agree not to display any of The Everest Formula’s trademarks or use them in any manner without our express written permission.
4. No Corporate Use
The Service is only intended for individual users acting in their individual capacities. We do not permit Users to enter into these Terms of Use on behalf of a company or other legal entity or business. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS NOR USE THE EVEREST FORMULA PLATFORM. USERS THAT ACCESS OR USE THE SERVICES IN VIOLATION OF THIS SECTION 4 SHALL BE FULLY RESPONSIBLE AND LIABLE TO US FOR ALL DAMAGES AND CLAIMS ARISING THEREFORM.
5. No Personalized Advice
We want to help you make money. However, The Everest Formula is not in the business of rendering personalized investment advice. We can’t know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Service is suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you, and you agree to be liable for any trades you initiate at your brokerage using tools that our partners or we provide.
6. You Bear Responsibility for Your Financial and Investment Decisions
One of the principal tenets is that the best person to handle your finances is you. By your use of our Services, you agree that you bear responsibility for your own investment research and investment decisions. You also agree that The Everest Formula will not be liable for any investment decision made or action taken by you and others based on data, news, information, opinion, or any other material published through our Services.
7. Disclaimer and Warranties
The Everest Formula is not an investment adviser, brokerage firm, or investment company.
“The Everest Formula ©” is a market screener based on a successful strategy backtested over the last two decades.
Past performance is no guarantee of future results. The use of the formula does not guarantee performance or investment success.
The data feed for the website is sourced and curated using automated algorithms from various data sources. The ranks and analysis are based on automated formulas. These are prone to errors in automation. We are not responsible for the accuracy, reliability, performance, completeness, comprehensiveness, currentness, functionality, continuity, timeliness of the information, data or any content available.
The Everest Formula does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. The Everest Formula makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we’ll do our best to provide accurate and useful information.
You hereby agree that under no circumstances will The Everest Formula be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is in no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our Services.
Obligatory Capitalized Disclaimers of Liability:
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE EVEREST FORMULA NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Access to the site
In so far as the site “www.everestformula.com” can be accessed from anywhere in the world, it is the responsibility of any person connecting to the site to comply with the laws of the country in which they are resident and/or using the service. That person will bear any direct or indirect consequences resulting from non-compliance with these legal and regulatory requirements. Everest Formula cannot under any circumstances be held liable for such a violation. Everest Formula nevertheless reserves the right to impose geographical limits on access to its site.
All personal data is maintained in European territory under the terms of our Privacy Policy.
9. Dispute Resolution
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”), our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email info@everestformula.com with your concern, and The Everest Formula will contact you via the email address we have on file for you.
You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
These terms and conditions are governed by and construed in accordance with the laws of Italy, and you irrevocably submit to the exclusive jurisdiction of the Italian Court.
10. Your Agreement to These Terms
You acknowledge and agree that, by agreeing to these Terms electronically, you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.
11. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.
Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Everest Formula and govern your use of our sites.
Last Updated: May 26th, 2021
