By (1) accessing or using any Everest Group property, material, Product and/or Service, or (2) registering or attending an Everest Group event or webinar (together, (1) – (2), your “Access”), you agree to these Terms of Use and are representing you have read and understood such terms. You may also agree to these Terms of Use through handwritten or electronic signature on an agreement in which these terms are incorporated, or via sign-in wrap, browse-wrap, click-wrap, or click-box acceptance.

No document provided by you, including any non-negotiated terms and conditions, will alter or amend these Terms of Use. Only a negotiated, signed written agreement executed by authorized representatives of Everest Group that specifies it intends to alter these Terms of Use may amend or modify these terms. Except when these Terms of Use are incorporated by reference into an agreement or as expressly stated herein, any terms additional to or different from these Terms of Use are hereby expressly rejected and not accepted by Everest Group.

If the Terms of Use are being incorporated by reference into an agreement for the purchase of Everest Group Products and/or Services, such as Everest Group’s Terms of Sale, then “You”, “you”, “Your”, or “your” means Customer as defined in the Everest Group Terms of Sale, available at www.everestgrp.com/terms-of-sale. Otherwise, “You”, “you”, “Your”, or “your” means the individual with Access, on behalf of themselves and their employer if acting within the scope of their employment.

“Products and/or Services” is as defined in the Everest Group Terms of Sale.

You further agree as follows:

  1. Limited License. Your limited license to Access will be governed and controlled by the contractual agreement between you and Everest Group. In the event you are lawfully granted Access without such a contract with Everest Group, your license is limited to your sole access and review. All rights not expressly granted are reserved by Everest Group.
  2. Termination of Access. Your Access may be terminated (without, if applicable, any refund) by Everest Group immediately if you breach any provision hereunder, do not comply with any applicable law, or, if in Everest Group’s sole discretion, you compromise the security, brand, reputation, or competitive position of Everest Group.
  3. Everest Group Property. You acknowledge Everest Group property is protected by the laws of the United States of America (U.S.) and international laws and conventions, including, without limitation and as applicable, copyright and trademark law. For example, the Everest Group name and logo is trademarked. In addition to Everest Group®, Peak Matrix® and Pinnacle Model® are also trademarked. This is not an exclusive list of all Everest Group trademarks.
  4. Unless you have a written and fully executed agreement with Everest Group that states otherwise, the following restrictions apply. You will not:
    • In whole or in part, disseminate, republish, forward, sublicense, sell, distribute, modify, improve, alter, display, perform, copy, reproduce, or create or prepare derivatives of any Everest Group property, material, Products and/or Services;
    • Take any action to harm the security of Everest Group, its systems or infrastructure, or gain unauthorized Access, including, without limitation, through hacking;
    • Impose a burden on Everest Group’s systems or infrastructure, as determined by Everest Group in its sole discretion;
    • Conduct any scraping or data mining, or use any bots, programs, algorithms, methodologies, or anything else to gain Access, index, sort, acquire, or monitor Everest Group property, materials, Products and/or Services (except that search engines such as Google and Bing may index Everest Group’s website consistent with directions as provided by publicly accessible web files e.g., robots.txt);
    • Copy or ingest any Everest Group property, materials, Products and/or Services into artificial intelligence or generative artificial intelligence;
    • Reverse engineer, decompile, or disassemble any Everest Group property, material, Products and/or Services;
    • Access to benefit a competing company, product or service;
    • Disguise the origin of information transmitted, place false or misleading information, or use or access any property, material, Product and/or Service in a manner not expressly permitted by Everest Group;
    • Input or upload anything that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, website, data or information;
    • Use or access anything from Everest Group in any way that, in Everest Group’s sole discretion, adversely affects the performance or function of what Everest Group is providing or that interferes with the ability of authorized parties to access Everest Group property, materials, Products and/or Services;
    • Remove or alter any notice, trademark, copyright, disclosure, or disclaimer from Everest Group property, materials, Products and/or Services; or
    • Breach any contract in relation to your Access or misappropriate or infringe upon any intellectual property or intellectual property rights of Everest Group or of a third party.
  1. Limitation of Liability.

If you have an agreement with Everest Group in relation to your Access and that agreement contains a limitation of liability provision, then this provision will not apply and the limitation of liability provision in that agreement with Everest Group will apply instead e.g., you executed an Order (as defined in Everest Group’s Terms of Sale) with Everest Group that incorporates Everest Group’s Terms of Sale. However, in all other instances of your Access, the following applies:

IF ARISING OUT OF OR RELATED TO YOUR ACCESS, IN NO EVENT WILL EVEREST GROUP OR RELATED PARTIES (INCLUDING ITS AFFILIATES, SUBSIDIARIES, INSURERS, REINSURERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, ENHANCED, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SIMILAR DAMAGES, OR DAMAGES OR LOSSES RELATED TO BUSINESS INTERRUPTION, INTERRUPTION OF USE OF DATA OR SERVICES, INCREASED COSTS, DIMINUTION IN VALUE, COST OF REPLACEMENT GOODS OR SERVICES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, LOSS OF INFORMATION, LOSS OF USE, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, IN EACH CASE, REGARDLESS OF CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR EQUITY), AND REGARDLESS OF WHETHER A PARTY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR WHETHER SUCH DAMAGES OR LOSSES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL EVEREST GROUP’S OR RELATED PARTIES’ AGGREGATE LIABILITY, ARISING OUT OF OR RELATED TO YOUR ACCESS, EXCEED $25,000 USD, REGARDLESS OF CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR EQUITY).

THIS PROVISION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

  1. Links. During Access, links to other websites may be presented or otherwise made available. Such are provided “as-is” for convenience. Everest Group is not responsible for maintaining these sites, and by presenting or making them available Everest Group is not endorsing or accepting responsibility for these links; accordingly, please direct your concerns about any of the linked sites to that site’s administrator.
  2. Third-party trademarks. Everest Group may display or reference third-party logos, trademarks, or brand names (“Third-Party Marks”) in its materials, Products and/or Services, including but not limited to, in its research reports, presentations, marketing materials, and website content, for informational, identification, or convenience purposes. Such use does not imply any sponsorship, endorsement, affiliation, or partnership between Everest Group and the respective trademark owners. All Third-Party Marks remain the property of their respective owners. TO THE FULLEST EXTENT PERMITTED BY LAW, EVEREST GROUP DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO THE USE OF THIRD-PARTY MARKS, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF TRADEMARK INFRINGEMENT, MISREPRESENTATION, OR IMPLIED ASSOCIATION. If you believe your trademark is used in a manner that violates your rights, please contact Everest Group at [email protected] to request removal or modification.
  3. Indemnification. You agree to indemnify, defend and hold harmless Everest Group and Related Parties (as defined in Section 5 above) (collectively, the “Indemnified Parties”) from and against all claims, liabilities, judgments, awards, losses, expenses, damages, fees and costs, including reasonable attorneys’ fees, arising out of or relating to your Access or violation of these Terms of Use. This indemnification obligation will survive termination of these Terms of Use or your Access.
  4. Citation Policy. Notwithstanding any other provisions, citations of Everest Group’s materials, Products and/or Services, use of its logo or visual arts may be permissible on a limited basis, provided, you comply with the following:
    • To cite Everest Group materials, Products and/or Services, or use its logo or visual arts, written approval from Everest Group is required. Send an email to [email protected] with the subject line: “Request Citation Approval.” Provide the full citation and context for the request. Also include a draft copy of any press releases and other marketing materials such as newsletters, email campaigns, direct mail, etc. Everest Group will reply by email.
    • If you are granted a citation, such citation must be attributed in the following manner: Title, Everest Group, Date of Publication.
    • If you are granted permission to display a graphic, you must display the graphic only in its entirety, including all referenced companies contained in the original research material, Everest Group’s copyright, the original date of publication, and Everest Group’s logo.
    • All citations must be limited in scope to minor excerpts (no more than two to three sentences or a short paragraph). Full reproduction of Everest Group’s research materials is prohibited unless otherwise expressly permitted by Everest Group in writing.
    • All citations must be limited to Everest Group research materials published within the past 12 months, unless given express permission otherwise.
    • Material that negatively portrays another company and/or its services or compares one company and/or its services with another may not be cited.
    • Everest Group’s research materials may not be referenced or appear in any boilerplates.
    • With respect to Everest Group’s PEAK Matrix®, sponsored and licensed thought leadership, and other guidance, you must use the specific citation policy, available here: https://www.everestgrp.com/published-research-citation-policy/.
  5. Severability. If any provision or part of a provision is held to be unenforceable or prohibited in any jurisdiction, it will be ineffective in that jurisdiction only to the extent of such unenforceability or prohibition, and the remainder of these terms will remain in full force and effect.
  6. Governing Law. If you have an agreement with Everest Group in relation to your Access and that agreement contains a governing law provision, then this provision will not apply and the governing law provision in that agreement with Everest Group will apply instead e.g., you executed an Order (as defined in Everest Group’s Terms of Sale) with Everest Group that incorporates Everest Group’s Terms of Sale. However, in all other cases where no such agreement exists, the following applies: These Terms of Use (including any extra-contractual, tort, statutory, or equitable claims) will be governed and construed in accordance with the state laws of Texas, United States of America, and the federal laws of the United States of America, without regard to its conflict of laws principles. The exclusive jurisdiction, forum, and venue for all claims and lawsuits (including any extra-contractual, tort, statutory, or equitable claims) is the jurisdiction, forum, and venue of Collin County, Texas, and includes their appeals court.
  7. Privacy. Everest Group respects privacy rights. Everest Group may collect and use information, amongst other things, in accordance with its Privacy Notice, available at everestgrp.com/privacy-notice. You agree you have read and understood the Privacy Notice.
  8. English Language. These Terms of Use are written in English, and all communications under or in connection with these terms will be in English. Any translation into any other language will not be the official version, and in the event of any conflict between the English version and the translated version, the English version will govern and control.
  9. Notices and Disclaimers. Everest Group’s Notices and Disclaimers is hereby incorporated by reference as if fully reproduced herein, available at everestgrp.com/notices-and-disclaimers. This document includes provisions regarding and/or related to the use of generative artificial intelligence, data and information, and provisions related to intellectual property rights, privacy-related notices, and other important notices and disclaimers, such as and for example, stating that Everest Group does not provide investment, legal, tax, or financial advice.
  10. Feedback. You may choose to provide Everest Group with feedback or input, whether solicited by Everest Group or not. Feedback or input may include your opinion, facts, needs, comments, suggestions, concepts, changes, improvements, modifications, creations, enhancements, or ideas (collectively, the “Feedback”). You agree Feedback is Everest Group confidential information and Everest Group owns all rights, titles, and interests in and to Feedback.
  11. Binding Authority. You are representing that you have the authority to agree to the provisions hereunder, including the Notices and Disclaimers, on behalf of yourself and/or your employer, as applicable.
  12. Prior Agreements. These Terms of Use supersede all prior agreements or understandings between the parties on the subject matter herein.
  13. Updates and Modifications. The Terms of Use may be updated or modified to a newer, revised version at any time by posting such on the Everest Group website. The newer, revised terms will become effective upon posting, and you are agreeing to such terms through your Access. It is your continuing responsibility to check the Everest Group website regularly for such updates and modifications. You also agree that Everest Group has no obligation to proactively provide notice of updates and/or modifications.

 

 

Effective April 2025

Version 3