BINDING AGREEMENT — READ BEFORE SUBSCRIBING OR USING THIS PLATFORM. THESE TERMS & CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION CLAUSE, A BAN ON CLASS PROCEEDINGS, A JURY TRIAL WAIVER, A STRICT LIABILITY CEILING, AND OTHER PROVISIONS THAT NARROW YOUR LEGAL OPTIONS. SUBSCRIBING TO ANY OF OUR NEWSLETTERS OR USING OUR WEBSITE CONFIRMS YOUR ACCEPTANCE OF EVERY TERM BELOW. IF YOU DO NOT AGREE, DO NOT SUBSCRIBE AND UNSUBSCRIBE IMMEDIATELY FROM ANY EXISTING COMMUNICATIONS.
§1 Agreement and Binding Nature
These Terms & Conditions (“Terms”) set out the contract between you and Everest Media Brands, LLC (“Everest Media Brands,” “we,” or “our”), a limited liability company organised under the laws of the State of New York, United States. They apply to your use of https://everestmediabrands.com and to every newsletter, email communication, digital channel, and related service we operate (collectively, the “Platform”).
These Terms and our Privacy Policy together form the complete agreement between you and Everest Media Brands. Where the two documents conflict, these Terms prevail.
§1.1 Eligibility
You must be at least eighteen (18) years of age and legally able to enter into binding contracts to use the Platform. Anyone under eighteen is prohibited from subscribing to or accessing our services. We do not knowingly collect data from children under thirteen; if we discover that we have done so inadvertently, we will delete it promptly.
You are responsible for ensuring that using the Platform is lawful in your jurisdiction. We make no representation that our services comply with the laws of every country in which they may be accessed.
§1.2 How Acceptance Works
You accept these Terms by subscribing to any of our newsletters through our website or a designated subscription page, submitting an inquiry through our website contact form, or engaging with us as an advertiser or commercial partner through a signed insertion order or equivalent commercial agreement.
Clicking an operational link in an email — such as an unsubscribe link or a delivery confirmation — does not by itself constitute acceptance of these Terms. No written signature is required for web-based subscriptions. We will provide notice of these Terms at or before the point of subscription.
§1.3 Definitions
As used in these Terms — and as referenced in our Privacy Policy — the following words have these meanings:
- “Publications” means every newsletter issue, article, editorial dispatch, sponsored send, and any other written, visual, or multimedia content we produce and distribute through the Platform.
- “Subscribers” means individuals who have opted in to receive one or more of our newsletter Publications.
- “Advertisers” means brands, businesses, and agencies that purchase sponsorships, dedicated sends, or affiliate placements within the Platform.
- “EMB Parties” means Everest Media Brands, LLC and every individual and entity within its organisational structure — including officers, employees, contractors, technology vendors, data partners, advertising counterparties, portfolio companies, and affiliated entities — whether a claim is brought against any of them alone or together.
§2 What Everest Media Brands Is
§2.1 A newsletter publishing company
Everest Media Brands owns and operates a portfolio of email newsletters across the finance, marketing, technology, and health verticals. Publishing, growing, and monetising those newsletters is our entire business. We are not a financial advisory firm, a healthcare provider, a brokerage, a data-resale business, or any other category of regulated services provider. Using our Platform does not create any advisory, fiduciary, clinical, or professional relationship between you and us.
§2.2 What our Publications are not
Our newsletters are editorial publications written for a general adult readership. They serve informational and educational purposes. They are not:
- investment advice, securities recommendations, or financial-planning guidance of any kind;
- medical advice, clinical diagnoses, treatment recommendations, or prescriptions;
- legal advice, tax counsel, or professional opinions specific to your situation; or
- a solicitation, offer, or recommendation to buy, sell, or hold any security, financial product, or health supplement.
OUR FINANCE NEWSLETTERS DO NOT SUBSTITUTE FOR THE ADVICE OF A LICENSED FINANCIAL ADVISER. OUR HEALTH NEWSLETTERS DO NOT SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL. CONSULT THE APPROPRIATE QUALIFIED PROFESSIONAL BEFORE MAKING ANY DECISION BASED ON WHAT YOU READ IN OUR PUBLICATIONS.
Statements in our health newsletters about dietary supplements, wellness products, or nutrition protocols have not been evaluated by the U.S. Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
§2.3 Regulatory status
Everest Media Brands holds no registration, licence, or authorisation from the SEC, FINRA, the FDA, any state securities or healthcare board, or any equivalent foreign regulatory body. No content we publish constitutes an offer or solicitation in any jurisdiction where making such an offer would require registration or authorisation.
§3 Editorial Standards
§3.1 Editorial independence
Our editorial and commercial operations are separate. Advertisers and sponsors pay to reach our audiences; they do not pay to influence what we write. Sponsored content is clearly labelled in every send as “Sponsored,” “Advertisement,” or an equivalent unambiguous designation. Affiliate links are identified at the point they appear. Our writers do not receive direction from commercial partners on how to cover a topic.
§3.2 Position disclosure
Everest Media Brands, its affiliates, principals, employees, and contributors may hold positions in securities, digital assets, or other financial instruments covered in our finance Publications. We do not make per-issue disclosures of individual positions. Where a writer, editor, or principal of Everest Media Brands holds a material position in a security that is the primary subject of a specific newsletter issue, we will include a disclosure notice in that issue identifying the existence of a financial interest without specifying its scale or direction. For all other finance content, readers should factor the general possibility of financial interest into their independent evaluation of our Publications.
§3.3 Forward-looking content
Some of our Publications — particularly in the finance vertical — contain forward-looking commentary: estimates, projections, market outlooks, and similar material. This content is inherently uncertain. Actual outcomes routinely diverge from what analysis suggests. We make no warranty as to the accuracy of any projection and have no duty to issue corrections or updates after an issue has been sent.
§3.4 AI-assisted production
Some of our Publications may incorporate content produced with the assistance of AI writing tools. Human editors review all Publications before they are distributed. Even so, AI-generated material may contain factual errors, outdated claims, or inaccuracies. No AI-assisted publication constitutes personalised guidance of any kind.
§4 Commercial Relationships and Advertiser Terms
§4.1 FTC disclosure
This section, together with §7 of our Privacy Policy, constitutes Everest Media Brands’s standing FTC material-connection disclosure under 16 C.F.R. Part 255. This standing disclosure supplements — but does not replace — the individual per-placement disclosures that appear at the point in each communication where commercial material is presented to the reader.
§4.2 Compensation structures
We earn revenue through three channels: newsletter sponsorships (cost-per-issue placements), dedicated sends (full-list solo emails on behalf of an advertiser), and affiliate partnerships (commission-based links everestmediabrandsedded in editorial context). Each channel has a separately negotiated commercial structure.
§4.3 For Advertisers
By purchasing any placement through Everest Media Brands, you confirm that the products and services you are promoting comply with applicable law and do not misrepresent the features, pricing, or regulatory status of your offerings. We reserve the right to reject, remove, or cancel any placement that, in our judgment, conflicts with our editorial standards, harms our readers, or exposes us to legal or reputational risk. Campaign fees paid in advance are non-refundable where a placement is cancelled for breach of these standards.
You agree to indemnify the EMB Parties against any claim arising from the products, services, or claims in any advertisement you place with us — including claims from consumers, regulators, or third parties relating to misleading advertising, product liability, or regulatory non-compliance.
§4.4 No endorsement
A commercial relationship with Everest Media Brands does not mean we endorse a product or guarantee its quality, safety, or suitability for any reader’s specific needs. We vet partners and categories — we do not test individual products or validate third-party performance claims.
§5 Subscriber Obligations
§5.1 What you agree to when you subscribe
By subscribing to any EMB newsletter, you confirm that:
- you are at least eighteen years old and legally competent to enter into these Terms;
- your jurisdiction permits you to receive the type of content we publish;
- you are not listed on any sanctions register maintained by OFAC, the U.S. State Department, the EU, or any other applicable authority;
- you will not use the Platform for any unlawful purpose;
- you will reach your own independent conclusions before making any financial, medical, legal, or commercial decision, and will not treat any of our Publications as a substitute for professional advice; and
- any information you provide to us is accurate and current.
§5.2 Voluntary assumption of risk
BY USING THE PLATFORM, YOU ACCEPT ALL RISKS THAT COME WITH RELYING ON EDITORIAL MEDIA FOR INFORMATION ABOUT FINANCE, HEALTH, TECHNOLOGY, OR BUSINESS. YOU ACKNOWLEDGE THAT OUR PUBLICATIONS MAY CONTAIN ERRORS, THAT MARKETS AND MEDICAL KNOWLEDGE CHANGE FASTER THAN ANY NEWSLETTER CAN TRACK, AND THAT NO EDITORIAL PUBLICATION IS A REPLACEMENT FOR PROFESSIONAL COUNSEL SPECIFIC TO YOUR SITUATION. THE EMB PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS, HARM, OR ADVERSE OUTCOME ARISING FROM ANY DECISION YOU MAKE IN CONNECTION WITH WHAT YOU READ IN OUR PUBLICATIONS.
§5.3 California residents — privacy rights notice
The full procedure for California Consumer Privacy Act rights — including how to submit a verifiable request, what timelines apply, and how to appoint an authorised agent — is set out in §11 of our Privacy Policy. Contact ir@everestmediabrands.com with the subject line “California Privacy Rights Request” to initiate a request.
California residents have the right to know, delete, correct, and opt out of sale or sharing, consistent with the CCPA/CPRA. These rights may be exercised at any time without affecting the quality of service you receive from us.
§5.4 Duty to seek professional advice
For any decision with real financial, health, legal, or tax consequences, consult a qualified professional who can evaluate your individual circumstances. Our Publications are background reading for an informed adult audience. They are not a directive to act.
§5.5 Accessibility and legal compliance
We are committed to making the Platform reasonably accessible to users with disabilities, consistent with the Americans with Disabilities Act. Write to ir@everestmediabrands.com if you encounter barriers. You agree to comply with all laws that apply to your use of the Platform, including export controls and sanctions regulations.
§6 Email and Communications
§6.1 What we send
Once you subscribe to an EMB newsletter, you will receive that publication’s regular editorial issues. Where you have also opted in to commercial messages, you may receive dedicated sends and promotional content from our advertising partners. We do not cross-subscribe you to other publications in our portfolio without a separate opt-in. For how we collect and use your email data, see §8 and §9 of our Privacy Policy.
§6.2 CAN-SPAM compliance
Every commercial email we send complies with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Each message identifies us as the sender, includes our physical mailing address, uses honest subject lines, and carries a working unsubscribe mechanism. Opt-out requests are processed within ten (10) business days.
§6.3 Consent to receive communications
By subscribing to any EMB newsletter directly through our website or through an acquisition partner whose disclosure named Everest Media Brands or one of our publications at the point of collection, you consent to receive electronic communications from Everest Media Brands and its affiliated newsletters. Electronic communications satisfy any writing requirement in applicable law to the fullest extent permitted.
If you believe you received a communication from us without having provided consent, contact ir@everestmediabrands.com immediately and we will investigate and suppress your address.
§6.4 How to unsubscribe
Click the unsubscribe link in any email, or write to ir@everestmediabrands.com. We will process your request within ten business days. Unsubscribing from marketing emails does not prevent us from sending non-commercial messages relating to your subscription that we are permitted or required to send.
§6.5 SMS and mobile messages
If we send you text messages, we will obtain prior express written consent under the Telephone Consumer Protection Act (47 U.S.C. § 227) before doing so. Reply STOP to opt out. Mobile opt-outs do not cancel email subscriptions.
§7 Intellectual Property
§7.1 Ownership
Every newsletter issue, article, graphic, logo, trade mark, domain name, and piece of software or editorial infrastructure associated with the Platform belongs to Everest Media Brands or its licensors. These materials are protected by U.S. and international copyright, trade mark, and trade-secret law.
§7.2 Limited subscriber licence
You may read our Publications for personal, non-commercial purposes. You may not reproduce, redistribute, adapt, sell, publicly display, or create derivative works from any Publication without our prior written consent.
§7.3 Anti-scraping and automated access
You may not use automated tools — bots, crawlers, scrapers, data-harvesting pipelines, or AI training data collectors — to access, copy, or systematically retrieve content from the Platform. Unauthorised automated access may result in civil and criminal liability. Everest Media Brands reserves the right to seek injunctive relief to stop such activity without having to demonstrate quantifiable monetary harm.
§8 Liability, Warranties, and Indemnification
§8.1 Exclusion of certain losses
THE EMB PARTIES ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECULATIVE, OR PUNITIVE LOSS — INCLUDING LOST PROFITS, MISSED INVESTMENT RETURNS, HEALTH OUTCOMES ARISING FROM CONTENT IN OUR HEALTH PUBLICATIONS, DATA LOSS, REPUTATIONAL DAMAGE, OR ANY HARM CAUSED BY THE ACTS OF THIRD PARTIES OR BY MARKET FORCES OUTSIDE OUR CONTROL. THIS EXCLUSION APPLIES REGARDLESS OF HOW A CLAIM IS FRAMED AND REGARDLESS OF WHETHER ANY EMB PARTY WAS TOLD THAT SUCH HARM WAS POSSIBLE.
§8.2 Monetary cap
THE TOTAL COMBINED LIABILITY OF ALL EMB PARTIES FOR EVERY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM — REGARDLESS OF THE NUMBER OF CLAIMS OR THE LEGAL THEORIES ADVANCED — IS CAPPED AT THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS (US $100); OR (B) THE AMOUNT YOU ACTUALLY PAID TO EVEREST MEDIA BRANDS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIM. THIS CAP IS A SINGLE AGGREGATE LIMIT, NOT A PER-CLAIM FIGURE. WHERE APPLICABLE LAW SETS A MANDATORY MINIMUM RECOVERY THAT CANNOT BE CONTRACTED AWAY, THE CAP DOES NOT APPLY TO REDUCE RECOVERY BELOW THAT FLOOR.
§8.3 Specific exclusions
The caps above apply fully to — and we accept no liability for — losses caused by:
- any financial or investment decision you make after reading our finance Publications;
- any health decision you make after reading our health Publications;
- your reliance on any specific figure, projection, or editorial assertion in any Publication;
- the actions or failures of third-party advertisers, sponsors, or affiliate partners;
- errors, omissions, or outdated information in any AI-assisted content; and
- the availability, content, or practices of any third-party website or service linked from the Platform.
§8.4 Jurisdictional carve-out
Certain jurisdictions restrict the exclusion of specific liability categories. In those jurisdictions, our liability is limited to the maximum extent their law permits.
§8.5 Indemnification
You agree to defend and hold the EMB Parties harmless from any claim, loss, liability, damage, cost, or expense — including reasonable legal fees — arising from:
- your use of the Platform;
- any decision you make based on content in our Publications;
- your breach of these Terms or our Privacy Policy;
- your dealings with any third-party advertiser, affiliate, or commercial partner;
- content you submit to us;
- your infringement of any third-party intellectual-property right; or
- any dispute between you and a third party that relates to the Platform.
This obligation survives the termination of these Terms.
§8.6 Warranty disclaimer
THE PLATFORM AND ALL PUBLICATIONS ARE PROVIDED AS-IS AND AS-AVAILABLE, WITH NO WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PUBLICATION IS COMPLETE, CURRENT, OR ACCURATE.
§9 Dispute Resolution
§9.1 Governing law
These Terms are governed by the law of the State of New York, United States, without regard to its conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the arbitration agreement in §9.3.
§9.2 Pre-dispute notice
Before filing any formal proceeding, the party with a grievance must deliver a written Notice of Dispute to the other party. The notice must identify the claimant, describe the factual basis and legal theory of the claim, and state the specific relief sought. Notices from users should be sent to ir@everestmediabrands.com. After delivery, both parties commit to thirty (30) days of good-faith informal resolution before either may file for arbitration.
§9.3 Binding individual arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM — INCLUDING QUESTIONS ABOUT WHETHER A DISPUTE MUST BE ARBITRATED — THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE SEAT OF ARBITRATION IS NEW YORK, NEW YORK, UNITED STATES, OR REMOTELY WHERE THE RULES PERMIT. THE ARBITRATOR’S AWARD IS FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COMPETENT COURT.
§9.4 Mass arbitration
If fifty (50) or more substantially similar claims against Everest Media Brands are coordinated by the same counsel or claimant group, those claims will be processed in stages: an initial cohort of up to fifteen (15) cases per side will be resolved first; the remaining claims are stayed pending those outcomes. First-cohort outcomes serve as reference material for resolving the remaining claims.
§9.5 Class action waiver
YOU AND EVEREST MEDIA BRANDS AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR FINDS THIS WAIVER UNENFORCEABLE, OR ORDERS CLASS-WIDE ARBITRATION, THE ENTIRE ARBITRATION AGREEMENT IN §9.3 IS VOID.
§9.6 Jury trial waiver
TO THE MAXIMUM EXTENT THE LAW PERMITS, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.
§9.7 Fallback jurisdiction
If arbitration is found inapplicable or unenforceable for a particular matter, both parties submit to the exclusive jurisdiction of the federal and state courts in New York County, New York, and waive any objection to that forum.
§9.8 Limitation period
ANY CLAIM MUST BE INITIATED WITHIN ONE (1) YEAR OF WHEN IT ACCRUED. CLAIMS BROUGHT LATER THAN THAT ARE PERMANENTLY BARRED.
§10 General Provisions
§10.1 No obligation to update
Everest Media Brands has no duty to update, correct, or retract any Publication after it is distributed. Each issue reflects information available at the time of writing. Do not assume any issue has been updated since it was sent.
§10.2 Anti-money laundering
Everest Media Brands is a media publisher. It is not a financial institution under the Bank Secrecy Act and does not operate an AML compliance programme. Each user is solely responsible for complying with all applicable AML, KYC, and counter-terrorism-financing obligations in their own jurisdiction.
§10.3 Third-party links
Our newsletters and website may link to third-party content. We do not control those destinations and are not responsible for their content, accuracy, privacy practices, or availability. Following any outbound link is at your own risk.
§10.4 Force majeure
Everest Media Brands is not liable for failures or delays caused by events outside its reasonable control, including natural disasters, government actions, infrastructure outages, or cyberattacks.
§10.5 Equitable relief
Everest Media Brands may seek injunctive or other equitable relief to prevent intellectual-property infringement, unauthorised scraping, or data-security breaches without posting bond or establishing monetary harm in advance.
§10.6 Assignment
You may not transfer these Terms or any rights under them without our written consent. Everest Media Brands may assign these Terms freely, including in connection with any business transfer or restructuring.
§10.7 No third-party beneficiaries
These Terms exist for the benefit of Everest Media Brands and you. No third party gains any right or remedy under them.
§10.8 Severability
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible. The remaining provisions continue in force.
§10.9 Non-waiver
Our failure to enforce any right on any occasion is not a waiver of that right. Waivers must be in writing and signed by an authorised representative of Everest Media Brands.
§10.10 Amendments
Everest Media Brands may update these Terms at any time. Changes take effect when we post the revised version with an updated Effective Date. Where required by law, we will give additional notice of material changes. Continued use of the Platform after any revision constitutes acceptance.
§10.11 Entire agreement
These Terms, together with our Privacy Policy, constitute the complete agreement between you and Everest Media Brands regarding the Platform. They supersede all prior discussions, representations, or agreements. Where they conflict, these Terms govern.
§10.12 Survival
§2 (What We Are), §3 (Editorial Standards), §4 (Commercial Relationships), §5 (Subscriber Obligations), §7 (Intellectual Property), §8 (Liability), §9 (Dispute Resolution), and §10 (General Provisions) survive the termination of these Terms.
§11 Contact
Questions about these Terms should be directed to ir@everestmediabrands.com. For advertising and sponsorship inquiries, contact press@everestmediabrands.com. For partnership questions, contact partnerships@everestmediabrands.com.
Everest Media Brands, LLC
600 N Broad St Ste 5, Unit 2113
Middletown, DE 19709
United States
Privacy: ir@everestmediabrands.com
Advertising: press@everestmediabrands.com
Partnerships: partnerships@everestmediabrands.com