Terms and Conditions

1. Acceptance of Terms

By accessing and using the Everestway website (theeverestway.com), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website.

These terms apply to all visitors, users, and others who access or use our website. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates on our website. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.

2. Website Purpose and Nature

Everestway operates an affiliate informational website dedicated to medical-grade wheelchair cushions and seating solutions. Our website serves as an educational resource providing information about Everestway products, replacement parts, and wheelchair seating technology.

This website contains affiliate links to Amazon.com where Everestway products may be purchased. We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

When you click on product links and make purchases through Amazon, we may receive a commission at no additional cost to you. All purchases are completed through Amazon’s secure checkout system, and you will be subject to Amazon’s terms of service and privacy policy for those transactions.

3. Product Information and Purchases

3.1 Informational Nature

The information provided on our website about Everestway wheelchair cushions, replacement parts, and related products is for educational and informational purposes. While we strive to provide accurate, current information about our products, we make no warranties regarding completeness or accuracy.

3.2 No Direct Sales

Everestway does not sell products directly through this website. All product purchases occur through Amazon.com. We are not responsible for:

• Product availability or stock levels on Amazon
• Pricing changes or promotions on Amazon
• Shipping costs, delivery times, or shipping policies
• Amazon’s return, refund, or exchange policies
• Customer service issues related to Amazon purchases
• Product defects, damages during shipping, or warranty claims

3.3 Amazon Transactions

When you purchase Everestway products through our affiliate links to Amazon:

• You are entering into a transaction with Amazon, not Everestway
• Amazon’s terms of service, privacy policy, and return policy apply
• All payment processing is handled by Amazon’s secure systems
• All customer service inquiries should be directed to Amazon
• Product warranties and guarantees are subject to Amazon’s policies

4. Intellectual Property Rights

4.1 Website Content Ownership

The content on the Everestway website, including but not limited to text, graphics, images, logos, product descriptions, design elements, and code, is owned by Everestway and protected by United States and international copyright laws.

The Everestway name, logo, and all related names, design marks, and slogans are trademarks or service marks of Everestway. You may not use these marks without our prior written permission.

4.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:

• Resale or commercial use of our website or its contents
• Collection and use of product listings, descriptions, or images
• Derivative use of our website or its contents
• Downloading or copying of account information for the benefit of another merchant
• Use of data mining, robots, or similar data gathering and extraction tools

4.3 User-Generated Content

If you submit questions, comments, or other communications to Everestway through our contact forms or email, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, and display such communications for any purpose.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use the Everestway website for any unlawful purpose or in any way that:

• Violates any federal, state, local, or international law or regulation
• Infringes on the intellectual property rights of Everestway or any third party
• Transmits any harmful computer code, viruses, or malicious software
• Attempts to gain unauthorized access to our systems or networks
• Interferes with or disrupts the website or servers
• Impersonates Everestway, our employees, or any other person or entity
• Harvests or collects information about other users
• Uses automated systems to access the website without permission

5.2 Medical Device Regulations

Everestway wheelchair cushions are medical-grade seating solutions. You agree to:

• Use products only as intended and according to provided instructions
• Consult with qualified healthcare professionals before selecting cushions
• Not misrepresent product specifications or medical claims
• Comply with all applicable medical device regulations in your jurisdiction

6. Third-Party Links and Services

6.1 Amazon and External Links

Our website contains links to Amazon.com and may contain links to other third-party websites. These links are provided for your convenience and information. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

When you click on links to Amazon or other external sites, you leave the Everestway website and are subject to the terms and policies of those sites. We recommend you review the terms of service and privacy policies of any third-party websites you visit.

6.2 Amazon Associates Program

As an Amazon Associate, Everestway participates in an affiliate program that allows us to earn advertising fees by linking to Amazon.com. This relationship does not influence the accuracy or integrity of the product information we provide about Everestway cushions and parts.

7. Disclaimers and Limitations

7.1 “As Is” Provision

The Everestway website and all information, content, materials, and services included on or otherwise made available through our website are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

Everestway disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, completeness, or reliability of content
• That the website will be error-free or uninterrupted

7.2 Medical Disclaimer

Information provided on the Everestway website about wheelchair cushions, pressure relief, and seating solutions is for educational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals, occupational therapists, or wheelchair seating specialists before selecting wheelchair cushions or making decisions about pressure relief systems.

7.3 Product Specifications

While we strive to provide accurate information about Everestway products, specifications, dimensions, materials, and features may change without notice. Always verify current product specifications on Amazon or by contacting customer service before making purchase decisions.

8. Limitation of Liability

8.1 Maximum Liability

To the fullest extent permitted by applicable law, Everestway, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the website
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content
• Products purchased through Amazon affiliate links
• Medical decisions made based on website information

8.2 Cap on Liability

In no event shall Everestway’s total liability to you for all damages, losses, and causes of action exceed one hundred dollars ($100.00) or the amount you paid to access our website (if any), whichever is less.

8.3 State Law Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Everestway, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use of the website or products purchased through affiliate links
• Your violation of any law or the rights of a third party
• Any content or information you submit or transmit through the website
• Your negligent or wrongful conduct

10. Modification of Website and Terms

10.1 Right to Modify

Everestway reserves the right at any time to:

• Modify or discontinue, temporarily or permanently, the website or any features
• Change these Terms and Conditions
• Refuse service to anyone for any reason at any time
• Update product information, pricing, or availability details

10.2 Notice of Changes

We will indicate the date these Terms were last updated at the top of this page. Material changes will be noted through updates to the “Last Updated” date. Your continued use of the website after any changes constitutes acceptance of the new Terms and Conditions.

11. Governing Law and Dispute Resolution

11.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the state in which Everestway maintains its principal place of business, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms and Conditions or your use of the website shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in the United States, and judgment on the arbitration award may be entered in any court having jurisdiction.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

13. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Everestway regarding your use of the website and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

14. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15. Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder, in whole or in part, without our prior written consent. Everestway may assign these Terms and Conditions or delegate any of our rights or obligations hereunder without restriction.

Acknowledgment: By using the Everestway website, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these terms, you must not access or use our website.