These Terms and Conditions ("Terms") constitute a legally binding agreement between Everest™ ("Everest," "Company," "we," "us," or "our") and the entity accessing or using the Everest platform and associated products, including VINReveal™, QUICKCompare™, QUICKClick™, and SECURELink™ (collectively, the "Services"). By accessing or using the Services, Customer agrees to be bound by these Terms.
1. Nature and Purpose of Services
Everest provides a business-to-business software platform designed to assist automotive professionals in interpreting vehicle-related information, identifying potential calibration considerations, comparing estimates, and facilitating communication workflows. The Services are intended solely as informational and workflow-support tools.
The Services do not constitute, and shall not be construed as, repair instructions, engineering advice, safety determinations, compliance determinations, or professional certifications of any kind. Everest does not perform or supervise repairs, diagnostics, inspections, calibrations, or any physical work on vehicles, and Everest does not make repair decisions.
2. Professional Use and Reliance
The Services are intended exclusively for use by qualified automotive industry professionals. Customer represents and warrants that it possesses the requisite knowledge, training, and expertise to evaluate and apply the Outputs generated by the Services.
Customer expressly acknowledges that all Outputs are provided for reference purposes only and are not to be relied upon as a sole or definitive source of information. Independent verification through current OEM documentation and qualified professional judgment is required in all circumstances.
3. Customer Obligations and Responsibilities
Customer assumes full responsibility for all use of the Services and any decisions, actions, or omissions arising therefrom. Customer is solely responsible for ensuring the accuracy and completeness of all data submitted to the Services, including but not limited to VIN information and vehicle details.
Customer further agrees that it is solely responsible for confirming vehicle-specific configurations, identifying all equipped systems including ADAS components, reviewing and complying with all current OEM procedures and requirements, determining the necessity of any scans, calibrations, inspections, repairs, or related operations, and ensuring that all work is performed by properly trained and qualified personnel.
Customer acknowledges that failure to independently verify information may result in improper repairs, missed calibrations, vehicle damage, system malfunction, personal injury, regulatory violations, or financial loss, for which Everest shall bear no responsibility.
4. ADAS and Safety-Critical Systems
Customer acknowledges that advanced driver assistance systems and other safety-critical vehicle systems are highly dependent upon VIN-specific data, trim level, installed equipment, software versions, repair conditions, replacement parts, and ongoing manufacturer updates.
Everest makes no representation or warranty that any Output identifies all required calibrations, scans, inspections, aiming procedures, resets, relearns, coding, programming, or repair operations. Customer remains solely responsible for confirming all such requirements using current OEM documentation prior to performing or authorizing any work.
5. Third-Party Data and Limitations
The Services may incorporate or rely upon data obtained from third-party sources. Everest does not control, verify, or guarantee the accuracy, completeness, timeliness, or applicability of such data.
Customer acknowledges that changes in manufacturer specifications, vehicle configurations, or third-party data sources may render Outputs incomplete or outdated.
6. Automated Processing and System Limitations
Certain aspects of the Services may utilize rules-based processing, user-supplied data, and automated or artificial intelligence-assisted logic. Customer acknowledges that such processes are inherently subject to limitations and may produce incomplete, inaccurate, or inconsistent results.
All Outputs must be independently reviewed and verified by Customer prior to reliance or use. Customer agrees that it will not rely on the Services or any Output as a sole or determinative source of information under any circumstances.
7. Fees, Billing, and Payment Terms
The Services are provided on a subscription basis and are billed monthly in advance. Subscriptions automatically renew unless canceled in accordance with these Terms.
Customer must provide at least thirty (30) days prior written notice of cancellation. Cancellation shall become effective at the conclusion of the then-current billing period. All fees are non-refundable, including fees for partial periods or unused Services.
Everest reserves the right to suspend or terminate access to the Services in the event of nonpayment.
8. Intellectual Property Rights
Everest retains all right, title, and interest in and to the Services, including all software, systems, algorithms, methodologies, report formats, workflows, and related intellectual property.
Customer retains its rights in data submitted to the Services. Subject to these Terms, Customer is granted a limited, non-exclusive, non-transferable, and revocable license to use the Services and Outputs solely for internal business purposes.
Customer shall not copy, reproduce, distribute, resell, sublicense, reverse engineer, or otherwise exploit the Services or Outputs, nor remove or alter any disclaimers or attribution language.
8A. Trademarks and Branding
"Everest™," "VINReveal™," "QUICKCompare™," "QUICKClick™," and "SECURELink™," together with all related names, logos, product names, and branding elements, are and shall remain the exclusive property of Everest.
Customer shall not use, reproduce, display, reference, or otherwise utilize any Everest trademarks, trade names, or branding in any manner that suggests affiliation with, endorsement by, sponsorship from, or approval by Everest without prior written consent.
Customer shall not adopt, register, or use any name, mark, or designation that is identical to or confusingly similar to Everest's trademarks, product names, or branding.
Customer shall not represent or imply that it owns, developed, or is the source of the Services or any Outputs generated by the Services.
Any unauthorized use of Everest's trademarks or branding shall constitute a material breach of these Terms.
9. Prohibited Uses
Customer agrees not to use the Services in any manner that is unlawful, fraudulent, misleading, or harmful, including but not limited to submitting inaccurate data, attempting unauthorized access, interfering with system functionality, or using the Services to develop competing products.
Customer further agrees that it shall not, directly or indirectly, access or use the Services for purposes of benchmarking, analyzing, training, developing, or improving any competing product or service. Customer shall not engage in any activity designed to extract, collect, reproduce, or obtain data, content, or Outputs from the Services in a systematic or repetitive manner, whether through automated means such as bots, crawlers, or scraping tools, or through manual processes conducted at scale.
Customer shall not aggregate, compile, or store Outputs for the purpose of creating any database, dataset, or competing offering, nor shall Customer use any Outputs, in whole or in part, to train, fine-tune, validate, or otherwise develop any artificial intelligence or machine learning models.
Customer shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the underlying structure, logic, methodologies, or operational workflows of the Services.
Any use of the Services that exceeds normal, intended business use, including but not limited to excessive volume, abnormal query patterns, or repeated extraction of Outputs, shall constitute a material breach of these Terms.
Everest reserves the right, in its sole discretion, to implement and enforce technical safeguards designed to prevent misuse of the Services, including but not limited to rate limiting, monitoring of usage patterns, logging of system interactions, and detection of anomalous or excessive activity, including unusually high volumes of VIN queries or report generation.
Everest further reserves the right to investigate any activity that it reasonably suspects constitutes misuse, data extraction, or competitive analysis, and Customer agrees to cooperate with any such investigation. Everest may suspend, restrict, or terminate access to the Services without notice where it determines, in its sole discretion, that such activity has occurred or is likely to occur.
9A. Public Use; Outputs and Misrepresentation
Customer shall not publish, distribute, display, or otherwise make Outputs publicly available in any manner that is misleading, incomplete, or taken out of context. Customer shall not remove, obscure, or alter any disclaimers, limitations, or explanatory language included with the Outputs.
Customer further agrees not to represent or imply that any Output constitutes a definitive, complete, or authoritative statement of repair requirements, calibration requirements, industry standards, or compliance determinations.
Any public use of Outputs, including use in advertising, marketing, social media, or public forums, must preserve all disclaimers and must not mischaracterize the nature, purpose, or limitations of the Services.
Everest reserves the right to require removal or correction of any use of Outputs that it determines, in its sole discretion, to be misleading, inaccurate, or damaging to the integrity of the Services.
10. Data Handling and Security
Everest collects and processes business-related data, including VINs, account information, and system usage data, as necessary to operate and improve the Services. Everest does not sell customer data.
Everest implements commercially reasonable administrative, technical, and physical safeguards designed to protect data under its control. Notwithstanding the foregoing, no system can be guaranteed to be completely secure, and Everest disclaims any guarantee of absolute security.
Everest may retain data as reasonably necessary for operational, legal, and security purposes.
Everest does not provide, and the Services do not constitute, any form of insurance, warranty coverage, or risk assumption for repairs, calibrations, safety outcomes, or compliance obligations.
11. Service Availability
Everest shall use commercially reasonable efforts to provide access to the Services; however, the Services are provided on an "as available" basis. Everest does not guarantee uninterrupted or error-free operation and shall not be liable for downtime or service interruptions.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND EVEREST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
EVEREST DOES NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE ERROR-FREE, COMPLETE, OR RELIABLE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, VEHICLE DAMAGE, DIMINISHED VALUE, MISSED CALIBRATIONS, IMPROPER REPAIRS, SAFETY INCIDENTS, OR PERSONAL INJURY, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EVEREST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO EVEREST DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
14. Indemnification
Customer agrees to indemnify, defend, and hold harmless Everest and its affiliates, officers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses arising out of or related to Customer's use of the Services, including but not limited to reliance on Outputs, failure to verify information, improper repairs or calibrations, or violation of applicable law.
15. Termination and Suspension
Everest reserves the right to suspend or terminate Customer's access to the Services at any time, with or without notice, in the event of nonpayment, breach of these Terms, suspected misuse, fraud, or security concerns. Upon termination, all rights granted to Customer shall immediately cease.
16. Force Majeure
Everest shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to system failures, third-party service disruptions, natural disasters, or cyber incidents.
17. Dispute Resolution; Arbitration; Class Action Waiver
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration administered by a recognized arbitration organization, in accordance with its commercial arbitration rules. Arbitration shall take place in the State of Indiana.
The parties agree that arbitration shall be conducted on an individual basis only. Customer expressly waives any right to participate in any class action, collective action, or representative proceeding.
Customer further waives any right to a trial by jury to the fullest extent permitted by law.
Notwithstanding the foregoing, Everest may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or enforce its rights.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.
19. Modifications to Terms
Everest reserves the right to modify these Terms at any time. Continued use of the Services following such modifications constitutes acceptance of the revised Terms.
20. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, communications, or understandings relating to the subject matter herein.
21. No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties and do not confer any rights or remedies upon any third party.
22. Export Compliance
Customer agrees to comply with all applicable export control and trade compliance laws and regulations in connection with its use of the Services. Customer shall not use, export, or re-export the Services in violation of any applicable laws or regulations.
Report Disclaimer (Required on All Outputs)
This report is provided for informational purposes only and does not constitute a complete or authoritative source of repair or calibration requirements. Vehicle-specific procedures may vary based on VIN, equipment, and manufacturer updates. Users must independently verify all information using current OEM documentation and qualified professional judgment prior to performing any work. Everest makes no representation or warranty as to the completeness or accuracy of this report.
Product-Specific Disclaimers
VINReveal™ outputs are based on available data and may not reflect all vehicle-specific configurations or updates. Independent verification is required.
QUICKCompare™ outputs are provided for informational comparison purposes only and do not determine repair necessity, cost reasonableness, or compliance.
QUICKClick™ features are workflow tools only and do not replace OEM procedures or professional judgment.
SECURELink™ is a communication tool, and Everest™ does not guarantee message delivery, receipt, or response timing.