Terms of Service

Everest Acquisitions LLC Effective Date: September 25, 2026 Last Updated: September 25, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING A NO-REFUND POLICY (SECTION 9), A CHARGEBACK POLICY (SECTION 10), A LIMITATION OF LIABILITY (SECTION 18), A BINDING ARBITRATION REQUIREMENT SEATED IN DELAWARE COUNTY, PENNSYLVANIA (SECTION 21), AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS (SECTION 22).

1. Introduction and Acceptance

1.1 These Terms of Service (the "Terms") are a legally binding agreement between you and Everest Acquisitions LLC, a Pennsylvania limited liability company ("Everest," "Company," "we," "us," or "our").

1.2 These Terms govern your access to and use of everestacquisitions.com and all related websites, subdomains, landing pages, funnels, scheduling pages, forms, client portals, dashboards, and communications (collectively, the "Site"), and all marketing, advertising, lead generation, consulting, software, training, and related services we provide, including The Field Focus System (collectively, the "Services").

1.3 You accept these Terms by doing any of the following: (a) accessing or using the Site; (b) submitting a form, booking a call, or opting in to communications; (c) checking a box or clicking a button indicating acceptance; (d) signing a Client Services Agreement, proposal, order form, or invoice that references these Terms; (e) making any payment to Everest; or (f) otherwise using the Services. If you do not agree to these Terms, do not use the Site or the Services.

1.4 These Terms incorporate by reference our Privacy Policy, our Results & Earnings Disclaimer, our SMS Messaging Terms (Section 5), and any Client Services Agreement, proposal, order form, or statement of work you sign with us (each, a "Client Agreement"). Together these make up the entire agreement between you and Everest (the "Agreement").

1.5 If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to both you individually and that entity. If you do not have that authority, you personally accept these Terms and are personally responsible for complying with them.

2. Eligibility

2.1 You must be at least 18 years old and able to form a binding contract to use the Site or Services. By using them, you represent and warrant that you meet these requirements.

2.2 The Services are intended for businesses, not for personal, family, or household purposes. By purchasing Services, you represent and warrant that you are purchasing them for business purposes.

3. Changes to These Terms

3.1 We may update these Terms at any time by posting a revised version on the Site and updating the "Last Updated" date. Changes take effect when posted unless we state otherwise.

3.2 Your continued use of the Site or Services after changes are posted means you accept the revised Terms. If you are an active paying client and a change materially reduces your rights, the change will apply to you starting with your next billing period, unless you agree to it earlier.

4. Description of Services

4.1 Everest provides marketing and business growth services to home service businesses. These services may include paid social advertising, ad creative and copywriting, landing pages and funnels, customer relationship management (CRM) setup and automation, lead qualification and follow-up systems, appointment setting support, reporting, consulting, and training. The specific Services you receive, and their scope, are described in your Client Agreement.

4.2 We may use employees, independent contractors, subcontractors, software tools, and artificial intelligence tools to deliver the Services. We may change the methods, tools, personnel, platforms, and processes we use at any time, as long as the overall nature of the Services you purchased is not materially reduced.

4.3 Any work not expressly included in your Client Agreement is outside the scope of the Services. We may, but are not required to, perform out-of-scope work, and we may charge additional fees for it.

5. SMS Messaging Terms

5.1 Program Description. This messaging program sends appointment confirmation and reminder messages to people who have booked an appointment with Everest Acquisitions through our website at https://everestacquisitions.com/ or through our scheduling forms, and who have explicitly opted in to receive SMS notifications. We collect opt-in through web forms with a dedicated, unchecked checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications. Consent to receive text messages is not a condition of any purchase.

5.2 Cancellation. You can cancel the SMS service at any time. Text "STOP" to the number that sent you messages. After you send "STOP," we will send one message confirming that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages from us. To rejoin, sign up again the same way you did originally.

5.3 Help. If you have trouble with the messaging program, reply "HELP" for assistance, or contact us at [email protected] or (610) 665-3990 during business hours.

5.4 Carrier Liability. Carriers are not liable for delayed or undelivered messages.

5.5 Message and Data Rates. Message and data rates may apply to messages we send to you and messages you send to us. Message frequency varies based on your appointments and interactions with us. For questions about your text or data plan, contact your wireless provider.

5.6 Supported Carriers. Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, and Verizon, and most regional carriers.

5.7 Age Restriction. You must be 18 years or older to participate in our SMS program.

5.8 Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. For more information, see our Privacy Policy at https://everestacquisitions.com/privacypolicy.

5.9 Compliance. We comply with applicable laws and industry guidelines regarding SMS communications, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines.

5.10 Your Representations. By opting in, you represent that you are the account holder or authorized user of the mobile number you provide. You agree to notify us promptly if you change or give up that number. You agree to indemnify us for any claims arising from your providing a number that is not yours or that you are not authorized to use.

6. Client Responsibilities

6.1 You agree to provide, in a timely manner, all information, materials, access, approvals, and cooperation reasonably necessary for us to perform the Services. This includes access to your ad accounts, Facebook Business Manager, pages, CRM, website, and payment methods for ad spend where required.

6.2 Accuracy of Information. You represent and warrant that all information you provide to us is true, accurate, current, and complete. This includes information about your business, services, pricing, licensing, insurance, service area, reviews, past work, and results. We are entitled to rely on it without independent verification.

6.3 Your Materials. You represent and warrant that you own or have all necessary rights to all logos, photos, videos, testimonials, reviews, trademarks, and other materials you provide to us ("Client Materials"). You also represent and warrant that our use of Client Materials in performing the Services will not infringe or violate any third party's rights or any law.

6.4 Advertising Approval. You are responsible for reviewing all advertisements, offers, pricing, claims, and content we prepare for you. By approving content, or by failing to object in writing within two (2) business days after we deliver it, you confirm that its claims are true, that you can substantiate them, and that you will honor any offers or pricing it contains.

6.5 Legal Compliance. You are solely responsible for complying with all laws and regulations that apply to your business. This includes contractor licensing, home improvement contractor registration (including under the Pennsylvania Home Improvement Consumer Protection Act and similar laws in other states), advertising laws, consumer protection laws, telemarketing and TCPA laws, privacy laws, and employment laws.

6.6 Lead Handling. You are solely responsible for how you contact, follow up with, sell to, and serve leads and customers. This includes speed to lead, calling and texting practices, obtaining any required consent, sales conduct, pricing, contracts, workmanship, warranties, and customer satisfaction. We strongly recommend responding to every lead as quickly as possible. Your failure to follow up promptly and professionally will materially affect results.

6.7 Delays Caused by You. If you fail to meet your responsibilities under this Section, we are not responsible for resulting delays, reduced performance, or failure to deliver. You are not entitled to any refund, credit, pause, or extension as a result, and your payment obligations continue.

7. Third-Party Platforms and Ad Spend

7.1 The Services depend on third-party platforms and providers, including Meta Platforms (Facebook and Instagram), Google, GoHighLevel, payment processors, telecommunications carriers, email providers, and other software vendors ("Third-Party Platforms"). Your use of any Third-Party Platform is also governed by that platform's own terms and policies, which you agree to follow.

7.2 Third-Party Platforms may change their algorithms, policies, costs, features, ad approval standards, or availability at any time. They may also reject, restrict, or remove ads, or restrict, disable, or ban accounts, pages, or payment methods. Everest does not control and is not responsible for any Third-Party Platform. This includes any outage, account restriction, ad disapproval, policy change, cost increase, data loss, or change in performance.

7.3 Ad Spend. Unless your Client Agreement says otherwise, advertising spend is separate from Everest's fees. You pay it directly to the Third-Party Platform, or reimburse us for it, and you are solely responsible for it. Ad spend is not refundable by Everest under any circumstances. Spending money on ads does not guarantee any outcome.

7.4 Ad Account Ownership. Ownership of the ad account used for your campaigns depends on whose Business Manager (Meta Business Suite or equivalent) it is created in: (a) Your Business Manager. If the ad account is created in or belongs to your own Business Manager, you own it, and you keep it and your ad account history after the Services end. Our access to it ends at termination. (b) Everest's Business Manager. If the ad account is created in or belongs to Everest's Business Manager, Everest owns it, along with its campaigns, ad history, pixels, custom and lookalike audiences, and settings. It is not transferred to you at any time, including when the Services end, and your access to it ends at termination. You are responsible for maintaining a valid payment method on any ad account you pay for and keeping your own accounts, pages, and profiles in good standing. If a platform restricts or bans any account, page, or asset for any reason, including content, business category, payment issues, or prior account history, you are still obligated to pay all Fees owed under your Client Agreement.

8. Fees, Billing, and Payment

8.1 You agree to pay all fees in your Client Agreement, proposal, invoice, or checkout page. This includes setup fees, onboarding fees, and recurring retainer fees (collectively, "Fees"). All Fees are in U.S. dollars and do not include taxes, which you are responsible for paying.

8.2 Automatic Billing Authorization. By providing a payment method, you authorize Everest and its payment processors (including Stripe) to charge that method for all Fees when due. For recurring retainers, this includes automatic recurring charges at the interval stated in your Client Agreement, until your Services are properly terminated under these Terms and your Client Agreement. You agree to keep a valid payment method on file. If a charge fails, we may retry it, and we may charge any other payment method you have provided.

8.3 Late Payments. If any Fees are not paid when due, we may: (a) suspend all or part of the Services, including pausing ads, without liability; (b) charge a late fee of the lesser of 1.5% per month or the maximum rate permitted by law on the overdue balance; and (c) recover all costs of collection, including collection agency fees, court costs, and reasonable attorneys' fees. Suspension for non-payment does not relieve you of your obligation to pay Fees for the suspended period.

8.4 Price Changes. We may change our Fees for future billing periods by giving you at least thirty (30) days' notice, unless your Client Agreement fixes pricing for a set term.

8.5 Billing Disputes. If you believe a charge is incorrect, you must notify us in writing at [email protected] within thirty (30) days of the charge. If you do not, you waive any dispute about that charge.

9. No-Refund Policy

9.1 ALL FEES ARE NON-REFUNDABLE. THERE IS NO REFUND WINDOW OR TRIAL PERIOD. Once paid, no Fees are refundable in whole or in part. This includes setup fees, onboarding fees, deposits, and recurring retainer fees. This applies regardless of: (a) results achieved or not achieved; (b) the number or quality of leads, appointments, or sales generated; (c) your level of satisfaction; (d) your decision to cancel, pause, or stop using the Services; (e) your failure to use the Services or meet your responsibilities; (f) any action taken by a Third-Party Platform; or (g) the termination of the Services for any reason permitted by these Terms.

9.2 Any setup or onboarding fees, if charged, cover work that starts immediately upon payment, including strategy, account setup, creative production, and system configuration. They are earned in full when paid.

9.3 Cancellation stops future billing only, as described in your Client Agreement. It does not entitle you to a refund or prorated credit for any period already paid.

9.4 Any refund, credit, or concession we choose to give is a one-time courtesy at our sole discretion. It does not waive this Section or create an obligation to give any future refund.

10. Chargebacks and Payment Disputes

10.1 You agree not to initiate any chargeback, payment reversal, or dispute with your bank, card issuer, or payment provider for any Fees authorized under these Terms or your Client Agreement. If you have a billing concern, you agree to first contact us in writing at [email protected] and give us at least thirty (30) days to resolve it.

10.2 If you initiate a chargeback or payment dispute in violation of this Section: (a) we may immediately suspend or terminate all Services, including pausing or turning off ads and removing access to systems we built or manage; (b) you authorize us to submit to your bank, card issuer, and payment processor any evidence of your agreement and our performance. This includes these Terms, your Client Agreement, checkout acceptance records, IP addresses, timestamps, emails, messages, call recordings, meeting records, reports, and records of Services delivered; (c) the disputed amount remains a debt you owe to Everest, whatever the outcome of the dispute; and (d) you agree to pay all chargeback fees, processor fees, collection costs, and reasonable attorneys' fees we incur in responding to the dispute or recovering the amount owed.

10.3 You agree that a chargeback initiated in violation of this Section is a material breach of the Agreement.

11. Term, Cancellation, and Termination

11.1 The term of the Services, any minimum commitment period, and how you may cancel are set out in your Client Agreement. If your Client Agreement does not address cancellation, you may cancel recurring Services by giving us at least thirty (30) days' written notice before your next billing date. You remain responsible for all Fees through the end of the notice period and any minimum commitment period.

11.2 Termination by Everest. We may suspend or terminate the Services, your access to the Site, or both, at any time, with or without cause, and with or without notice. If we terminate without cause, our only obligation is to stop billing you for future periods. If we terminate because you breached the Agreement, all Fees for the rest of any committed term become immediately due.

11.3 Effect of Termination. When the Services end for any reason: (a) all unpaid Fees become immediately due; (b) we will stop managing your ads, systems, and accounts; (c) CRM access ends. Your access to the GoHighLevel sub-account and any other software, CRM, funnels, automations, dashboards, or tools we provided will end, and we may deactivate or delete the sub-account. You will not have access to the CRM, its leads, pipelines, conversations, or automations after termination; (d) Contact export on request. If you send a written request to [email protected] within thirty (30) days after the Services end, we will provide you with an export of your contact list (names and contact information of your leads and customers) in a standard file format, such as CSV. If we do not receive a request within that thirty-day period, we have no obligation to keep or provide this data, except as required by law; (e) ad accounts are handled as described in Section 7.4; (f) your license to Everest Materials ends, and all funnels, automations, workflows, templates, snapshots, scripts, and other Everest Materials remain Everest's property and will not be transferred to you, unless your Client Agreement says otherwise; and (g) any provisions that by their nature should survive termination continue to apply (see Section 29.6).

12. No Guarantee of Results

12.1 EVEREST DOES NOT GUARANTEE ANY SPECIFIC RESULTS. This includes any number of leads, appointments, booked estimates, shows, sales, closed jobs, revenue, profit, return on ad spend, cost per lead, or business growth.

12.2 Results depend on many factors outside our control, including your market, pricing, offer, competition, seasonality, reputation, reviews, capacity, sales skill, follow-up speed, and Third-Party Platforms. Any projections, estimates, examples, case studies, or testimonials, whether on the Site, in ads, in proposals, or on sales calls, are illustrations only. They are not promises, and they are not typical.

12.3 You acknowledge that you have not relied on any promise, statement, projection, or representation about results that is not expressly written in your Client Agreement and signed by an authorized Everest representative. No employee, contractor, setter, closer, or agent of Everest has authority to make any oral guarantee of results.

12.4 Our full Results & Earnings Disclaimer is available at https://everestacquisitions.com/earningsdisclaimer and forms part of these Terms.

13. Intellectual Property

13.1 Everest Materials. The Site and all content, software, templates, frameworks, processes, methods, funnels, scripts, automations, workflows, snapshots, ad structures, training materials, know-how, and other materials we create, use, or provide are owned by Everest or its licensors. Collectively these are "Everest Materials," and they include The Field Focus System, Price-First Qualification, and all related methods. They are protected by copyright, trademark, trade secret, and other intellectual property laws.

13.2 Limited License to You. While you are an active client in good standing and have paid all Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Everest Materials delivered to you, solely for marketing your own business. Your Client Agreement may grant you broader rights in specific deliverables, and if so, it controls. Otherwise, the license ends when the Services end.

13.3 Restrictions. You may not, and may not allow anyone else to: (a) copy, resell, sublicense, distribute, or share Everest Materials with any third party, including another marketing agency or vendor; (b) use Everest Materials to provide services to others; (c) reverse engineer, duplicate, or create derivative works from our systems, funnels, snapshots, or methods; or (d) remove any proprietary notices.

13.4 Your License to Us. You grant Everest a non-exclusive, worldwide, royalty-free license to use, copy, modify, display, and distribute Client Materials as reasonably needed to perform the Services.

13.5 Performance Data. We may collect and use aggregated or de-identified data about campaign performance, lead metrics, and results ("Performance Data"). We may use it to improve our Services, for benchmarking, for training, and for marketing, as long as it does not identify you by name without your consent.

13.6 Testimonials and Case Studies. If you give us a testimonial, review, video, or feedback, or agree to be featured in a case study, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it, along with your name, business name, likeness, and results, in our marketing. You may ask us to stop future use by written notice, but this does not require us to remove materials already published or distributed.

13.7 Feedback. If you give us suggestions or ideas about our Services, we may use them without restriction or compensation to you.

13.8 Content You Submit. By posting or submitting any material to us, including comments, social media posts, photos, and videos, through the Site, online groups, or other digital channels, you represent that you own it or have all necessary permissions. You also grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, reproduce, distribute, and display it.

14. Confidentiality

14.1 "Confidential Information" means any non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential. This includes, for Everest, our pricing, processes, systems, scripts, frameworks, client lists, and Everest Materials.

14.2 Each party agrees to use the other's Confidential Information only to perform or receive the Services and not to disclose it to third parties, except to employees, contractors, and advisors who need to know it and are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party. Either party may disclose Confidential Information when required by law.

14.3 These obligations survive for three (3) years after the Services end. For trade secrets, they survive for as long as the information remains a trade secret.

15. Non-Solicitation

During the Services and for twelve (12) months after they end, you agree not to directly or indirectly solicit, hire, engage, or contract with any employee, independent contractor, media buyer, appointment setter, closer, or client success manager of Everest who worked on your account, without our prior written consent. If you breach this Section, you agree to pay Everest, as liquidated damages and not as a penalty, an amount equal to twelve (12) months of the compensation Everest paid, or would have paid, that person. You acknowledge that this is a reasonable estimate of Everest's damages, which would be difficult to calculate.

16. Acceptable Use

16.1 You agree not to use the Site or Services to: (a) violate any law or regulation, or any Third-Party Platform policy; (b) advertise false, misleading, deceptive, or unsubstantiated claims; (c) send unsolicited messages or contact anyone without legally required consent; (d) infringe anyone's intellectual property, privacy, or publicity rights; (e) upload viruses or malicious code, or interfere with the Site's security or operation; (f) scrape, crawl, or use automated means to access the Site without our written permission; (g) attempt to gain unauthorized access to any system, account, or data; (h) impersonate any person or misrepresent your affiliation; or (i) harass, threaten, or abuse Everest personnel.

16.2 We may refuse to run any ad, campaign, or content, or suspend Services, if we believe in good faith that it violates this Section or could expose Everest to legal or platform risk.

17. Disclaimer of Warranties

17.1 THE SITE, SERVICES, AND EVEREST MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, EVEREST DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

17.2 WITHOUT LIMITING THE ABOVE, EVEREST DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT; (B) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY LEADS WILL BE QUALIFIED, ACCURATE, OR RESPONSIVE; OR (D) ANY THIRD-PARTY PLATFORM WILL APPROVE, RUN, OR CONTINUE TO RUN ANY AD OR ACCOUNT.

17.3 AI-Generated Content. Some content we deliver may be created or assisted by artificial intelligence tools. Such content may contain errors. You are responsible for reviewing all content before approving or using it.

17.4 Not Professional Advice. Everest provides marketing services and business consulting only. Nothing we provide, including on the Site, on calls, in reports, in trainings, or in any recommendation about pricing, hiring, sales, or operations, is legal, tax, accounting, financial, investment, insurance, licensing, medical, or mental health advice. Our consulting is not therapy or counseling. You are solely responsible for seeking advice from appropriately licensed professionals before making decisions in those areas.

18. Limitation of Liability

18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVEREST ACQUISITIONS LLC OR ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS (THE "EVEREST PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EVEREST PARTIES' TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THE AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) THE FEES YOU ACTUALLY PAID TO EVEREST DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE THOUSAND DOLLARS ($5,000). IF YOU HAVE NOT PAID EVEREST ANY FEES, OUR TOTAL LIABILITY IS ONE HUNDRED DOLLARS ($100). AD SPEND IS NOT A FEE PAID TO EVEREST AND IS NOT INCLUDED IN THIS CALCULATION.

18.3 You agree that these limitations are an essential part of the bargain between you and Everest and reflect a reasonable allocation of risk. Everest would not provide the Services without them. These limitations apply even if a limited remedy fails of its essential purpose.

18.4 No Personal Liability. You agree that the Agreement is solely with Everest Acquisitions LLC. No member, manager, owner, officer, employee, or contractor of Everest will be personally liable to you for any obligation of Everest.

19. Indemnification

You agree to defend, indemnify, and hold harmless the Everest Parties from and against any and all claims, demands, actions, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) your business, services, products, workmanship, contracts, warranties, or dealings with your customers or leads; (b) Client Materials, or any claims in advertising you approved; (c) your contact with leads or customers, including any claim under the TCPA, telemarketing laws, or state consumer protection laws; (d) your breach of these Terms, the Agreement, or any representation or warranty; (e) your violation of any law, regulation, or Third-Party Platform policy; (f) your negligence or willful misconduct; or (g) any dispute between you and any third party. We may participate in the defense of any claim with counsel of our choice at our own expense. You may not settle any claim that imposes an obligation on or admits fault by any Everest Party without our prior written consent.

20. Time Limit to Bring Claims

To the maximum extent permitted by law, any claim or cause of action you have arising out of or relating to the Site, the Services, or the Agreement must be filed within one (1) year after it arose. If it is not, it is permanently barred.

21. Governing Law and Dispute Resolution

21.1 Governing Law. The Agreement, and any dispute, claim, or controversy arising out of or relating to it, the Site, or the Services, including any question about its existence, validity, scope, or enforceability (a "Dispute"), is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

21.2 Informal Resolution First. Before starting arbitration or any other proceeding, the party raising the Dispute must send the other a written notice describing it and the relief sought. Notices to Everest go to [email protected]. The parties will try in good faith to resolve the Dispute for at least thirty (30) days after the notice is received. Any limitations period is paused during this thirty-day period.

21.3 Binding Arbitration. Any Dispute not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator. The seat and location of the arbitration will be Delaware County, Pennsylvania, unless both parties agree to hold it by video conference or in writing only. The arbitrator will apply Pennsylvania law and these Terms, including the limitation of liability, and will issue a reasoned written decision. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

21.4 Delegation. The arbitrator, and not any court, has exclusive authority to decide all questions about the interpretation, applicability, scope, or enforceability of this Section 21, except that a court will decide the enforceability of the class action waiver in Section 22.2.

21.5 Arbitration Costs. Each party will pay the AAA filing, administrative, and arbitrator fees as required by the AAA Commercial Rules. Section 21.8 governs attorneys' fees.

21.6 Exceptions. The following do not have to be arbitrated, and may be brought exclusively in the Court of Common Pleas of Delaware County, Pennsylvania, a Delaware County magisterial district court, or, where federal jurisdiction exists, the United States District Court for the Eastern District of Pennsylvania: (a) any action by Everest to collect unpaid Fees or other amounts owed, including amounts reversed through a chargeback; (b) any claim within the jurisdiction of a small claims or magisterial district court, as long as it stays there on an individual basis; (c) any action by either party for temporary, preliminary, or permanent injunctive relief to protect intellectual property, Confidential Information, or the non-solicitation obligations in Section 15; and (d) any action to compel arbitration or to confirm, modify, or vacate an arbitration award. For these matters, you irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum or improper venue.

21.7 Confidentiality of Arbitration. The existence, content, and result of any arbitration are confidential, except as needed to enforce an award or as required by law.

21.8 Attorneys' Fees. In any arbitration or court action to enforce the Agreement or collect amounts owed, the prevailing party is entitled to recover its reasonable attorneys' fees, costs, and expenses, including arbitration fees.

22. Jury Trial and Class Action Waiver

22.1 JURY WAIVER. BY AGREEING TO ARBITRATION, YOU AND EVEREST EACH GIVE UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY, EXCEPT AS PROVIDED IN SECTION 21.6. FOR ANY MATTER THAT PROCEEDS IN COURT, YOU AND EVEREST EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED BY LAW.

22.2 CLASS ACTION WAIVER. ALL DISPUTES, WHETHER IN ARBITRATION OR IN COURT, MUST BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS SECTION 22.2 IS FOUND UNENFORCEABLE FOR ANY DISPUTE, THAT DISPUTE WILL PROCEED IN THE COURTS LISTED IN SECTION 21.6, AND NOT IN ARBITRATION.

23. Independent Contractor Relationship

Everest is an independent contractor. Nothing in the Agreement creates a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and Everest. Neither party has authority to bind the other.

24. Force Majeure

Everest is not liable for any delay or failure to perform caused by events beyond its reasonable control. These include acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, cyberattacks, failures of Third-Party Platforms, and changes in platform policies or algorithms.

25. Third-Party Links and Vendors

The Site may contain links to third-party websites, products, or services. Linking does not mean we endorse or sponsor them, and we are not responsible for their content, products, services, or privacy practices. Any dealings you have with third parties are solely between you and them.

26. Accounts and Passwords

If you create an account or receive login credentials for any portal, dashboard, or system, you are responsible for keeping them confidential and for all activity under them. Notify us immediately at [email protected] of any unauthorized use. We are not liable for any loss caused by your failure to protect your credentials.

27. Electronic Communications and Signatures

You consent to receive communications from us electronically, including by email, text message (subject to Section 5), and notices posted on the Site. You agree that all agreements, notices, and disclosures we provide electronically meet any legal requirement that they be in writing. You agree that your electronic signature, checkbox acceptance, or click-through acceptance is legally binding and has the same effect as a handwritten signature.

28. Notices

Notices to Everest must be in writing and sent by email to: Everest Acquisitions LLC Email: [email protected]

We may send notices to you at the email address, phone number, or mailing address you provided, or by posting them on the Site. Notices sent by email are effective when sent.

29. General Provisions

29.1 Order of Precedence. If there is a conflict between these Terms and a signed Client Agreement, the Client Agreement controls for the conflicting provision only. Otherwise, these Terms control.

29.2 Entire Agreement. The Agreement is the entire agreement between you and Everest about its subject matter. It supersedes all prior or contemporaneous statements, proposals, promises, understandings, and agreements, whether written or oral, including anything said on sales calls or in advertising.

29.3 Severability. If any provision of the Agreement is found invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent necessary to make it enforceable. The remaining provisions stay in full force and effect.

29.4 No Waiver. Our failure or delay in enforcing any right or provision does not waive it. A waiver is effective only if it is in writing and signed by an authorized Everest representative.

29.5 Assignment. You may not assign or transfer the Agreement or any rights or obligations under it without our prior written consent. We may assign the Agreement without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

29.6 Survival. All provisions that by their nature should survive termination will survive, including Sections 8 through 10, 12 through 15, and 17 through 29.

29.7 No Third-Party Beneficiaries. Except for the Everest Parties under Sections 18 and 19, no third party has any rights under the Agreement.

29.8 Headings. Headings are for convenience only and do not affect interpretation. The word "including" means "including without limitation."

29.9 Construction. You acknowledge that you had the opportunity to review the Agreement and consult legal counsel. The Agreement will not be interpreted against either party as its drafter.

30. Contact Us

Everest Acquisitions LLC Email: [email protected] Phone: (610) 665-3990 Website: https://everestacquisitions.com/

BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.