Terms and Conditions

Welcome to Everest Mail! Before you register for your student account, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

• Terms of Use – Our general terms and conditions

• Privacy Policy – How we maintain and protect your personal information

Although we may attempt to notify you via your student email address when major changes are made, you should visit this page periodically to review the terms. Everest College, Everest University and Everest Institute (referred to herein together with their parent, subsidiary and affiliated companies, including Corinthian Colleges, Inc., as “Everest”) may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the student email service. In the event of an inconsistency between these Terms of Use and the Privacy Policy (available at http://www.everest.edu/legal/privacy_policy), these Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service. Student email is a free email application from Everest provided for its enrolled students (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Everest disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Everest also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. IN NO EVENT SHALL EVEREST, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE.

2. School Use. The Service is made available to you as a resource for your scholastic programs only; however, personal use is also acceptable, so long as you comply with these Terms of Use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide Everest with current, accurate contact information for continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. You agree to immediately notify Everest of any unauthorized use of, or access to, the Service through your password or account. Everest reserves the right to refuse service, including the Service, to anyone at any time without notice for any reason. Everest cannot guarantee that your use of the Service, including any email that you send or receive, is or will remain private. You should not use the Service to transmit or receive any information of a sensitive, personal, confidential or proprietary nature.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to access, upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, discriminatory, sexually explicit, sexually suggestive, contains viruses, or is otherwise objectionable as reasonably determined by Everest; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; (v) use the Service in a way that references, engages in or encourages an illegal purpose, or (vi) act in any way that violates these Terms of Use or the Privacy Policy, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement and your use of the Service, and may subject you to expulsion from school, state and federal penalties and other legal consequences. Everest reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Content of the Service. Everest takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Everest have any obligation to monitor such third party content. Everest reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Everest also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Everest, its users and the public. Everest will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

5. Intellectual Property Rights. You acknowledge that, other than the rights granted to you by the Agreement, you have no right, title or interest in and to the Service and to Everest’s tradenames, trademarks, service names, service marks, and the copyrighted material contained on its intranet and internet websites, including without limitation all intellectual property rights (the "Rights"), and such Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Rights include rights to (i) the Service provided for your use hereunder by Everest; and (ii) all software associated with the Service.

6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Everest to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Privacy. As a condition to using the Service, you agree to the terms of the Privacy Policy as it may be updated from time to time. Everest understands that privacy is important to you. You do, however, agree that Everest may monitor, edit or disclose the content of your emails. Personal information collected by Everest may be stored and processed in the United States or any other country in which Everest or its agents maintain facilities. By entering into the Agreement, you consent to any such transfer of information outside of your country.

8. Advertisements. As consideration for using the Service, you agree and understand that Everest may display ads and other information adjacent to and related to the content of your email. Everest and its affiliates and business partners (a) expressly disclaim the accuracy, adequacy, or completeness of any such information, and (b) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such information, or for any actions taken in reliance thereon. Neither Everestnor any of its information providers will be liable for any damages relating to your use of such information.

9. Separation. Upon your separation from school, whether by voluntary or involuntary withdrawal, leave of absence or graduation, Everest has the right to disable or terminate your email account. If your account has been deactivated, the email address associated with that account may be given to another user without notice to you or such other party.

10. Termination; Cancellation. Everest may at any time and for any reason, without notice, terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify Everest, and its parent companies, subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Everest will provide you with written notice of such claim, suit or action.

12. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Orange County, California, and you consent to the jurisdiction of such courts.