Last Updated: April 30, 2024

EverPeak Insurance Services (referred to in these Terms of Use as “EverPeak,” “we,” “us” or “our”), is the provider and operator of this website [www.everpeak.com] (the “Website”) and the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through which EverPeak provides content, information, products and services to you when you visit the Website, access your EverPeak account, apply for insurance, or file a claim at the Website (collectively, including the Website and the Apps, the “Services”).

Your Consent

These Terms of Use are a binding agreement.  Please read them carefully.  By accessing, visiting, using or submitting information to the Services, you (the “User”) agree to these Terms of Use as well as the terms of our Privacy Policy. 

Similarly, if accessing certain portions of the Services, you may be required to agree to additional terms and conditions or App terms of use before you can have access to those products, materials, content, information, or Apps (the “Service Terms”).  If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

From time to time, EverPeak may, but shall have no obligation to, add new functions or features to the current Services or make new Services available to User.  EverPeak is not obligated by these Terms of Use to continue making the Services available for any period of time whatsoever.  We are also entitled to terminate, suspend or discontinue all or part of the Services at any time, without notice to you.

We reserve the right to amend any of these Terms of Use at any time without providing you with advance notice of our intent to make the changes. If we modify these Terms of Use, we will post the changes on this page and change the “Last Updated” date at the top of the page.  We may also require that you agree to these amended Terms of Use the next time you sign into your EverPeak account.  You are bound by any such revisions and should therefore visit this page routinely to review the current Terms of Use.

Consent to Receive Electronic Communications

By agreeing to these Terms of Use, User consents to the receipt of electronic communications.  Said communications include, but are not limited to, invoices, notices, claim-related information, including medical records, and policy documents.  User maintains the right to have any such communication provided or made available in paper or other nonelectronic form.  To obtain a paper copy of the communication, or to withdraw consent to receive electronic communications, please contact EverPeak Insurance Exchange with your request.

User Obligations

User acknowledges that the Services are a commercially valuable proprietary product of EverPeak, the design and development of which have involved the expenditure of substantial amounts of money over a long period of time, and which affords EverPeak a commercial advantage over its competitors. User understands that loss of this competitive advantage due to any unauthorized reproduction, downloading or use of data would cause substantial damage to EverPeak.

User is responsible for obtaining, installing, and maintaining the computer and communications equipment necessary to access and use the Services.  User must also maintain a valid email address. For the best experience, EverPeak recommends using Google’s Chrome browser. For users who don’t use Chrome, EverPeak recommends using the most recent versions of Firefox or Safari.

All Users are strictly prohibited from accessing, using or disclosing any personal health, financial, policy, account or other information included in any worker’s compensation claims or policy for which User is not authorized under these Terms of Use.

Restrictions on Use

Your use of the Services is at the sole discretion of EverPeak, which may deny you further use of the Services at any time, for any reason, with or without cause. Your use of the Services, registration of your EverPeak account, access to your EverPeak account, requests for information about any policy or claim, or the ordering of products or services via the Services does not entitle you to continue to use the Services.

In order for us to provide an insurance quote, respond to your claim, or provide other transactions through the Services, you must provide true, accurate and current information about yourself as prompted by the Website’s online forms.  EverPeak is not responsible for transactions resulting from information you provide that is untrue, inaccurate, not current, incomplete or fraudulent.

All pages, information, and content within the Services and any material made available for download are the property of EverPeak and/or its affiliates, licensees or sponsors (and the term “Services” includes all such pages, information, content and material). EverPeak grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Services.  You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Services or any materials.  The Services are for your own personal use only.  Except as expressly provided for herein, or otherwise provided for in writing by EverPeak, no portion of the Services may be copied, downloaded, displayed, reproduced, modified, edited or created as derivative works, distributed, altered, enhanced or published in any manner. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable Service Terms.

You further agree not to use the Services:

• To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use;
• To impersonate or attempt to impersonate EverPeak, an EverPeak employee or agent, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm EverPeak or users of the Services or expose them to liability; or
• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.

You represent and warrant that your use of the Services does not violate any applicable laws of the jurisdiction in which you reside or from which you use or otherwise access the Services; that all information you provide to us is accurate, correct, and complete; you have all right, power and authority to access and use the Services; and your use of the Services shall be in accordance with these Terms of Use and all applicable laws. Any rights not expressly granted by the Terms of Use or any Service Terms are reserved by EverPeak.

Password Restrictions

Some areas of the Services are restricted and require you to use user identification information (“User ID”), such as your email address and a password, for use or access. Unauthorized use or access of the Services is strictly prohibited.  When you use your User ID to use or access restricted areas of the Services, you agree that EverPeak is authorized to act on instructions received under your User ID without any requirement to question those instructions.  In using or accessing restricted areas of the Services that require a User ID, you agree to the following conditions:

• You agree that you are responsible for maintaining the confidentiality of your User name and password.
• You agree not to share your User ID password with or transfer your password to any third party. Remember to choose a strong password, including numbers, capital letters, special characters, etc., that is not typically found in a dictionary.
• You are responsible for all activities that occur under your User ID, and any and all related charges, whether or not authorized by you. EverPeak will not be liable for any loss that you may incur as a result of someone else using your User ID, either with or without your knowledge.
• You will notify EverPeak immediately by email (hello@everpeakinsurance.com) if you believe anyone else has learned your password or if you believe an unauthorized access to EverPeak or your personal information has occurred or may occur.
• You are responsible for any damage to EverPeak, its subsidiaries, affiliates, or customers, including, but not limited to: any denial of service, deletion or modification or creation of data; unauthorized access to data; or, any other damage arising from use of this password.

Changes to Your Policy

Any changes you want to make to your policy, including changing your contact information, coverage limits, and your estimated payroll must be made by emailing hello@everpeakinsurance.com. This is the same process for making all changes such as address, ownership information or canceling your policy. EverPeak will not accept changes made via text messaging or by any method other than emailing hello@everpeakinsurance.com.

Fees and Charges

If you elect to purchase insurance through the Service, the price of the policy will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to your policy and/or applicable law, you will not be entitled to a refund of any fees. If you sign up for credit card installment payments, you authorize us to charge your credit card the agreed upon amount reflected on your invoice on or before the due date. We will send you your invoice by text or e-mail, whichever you select, based on the installment schedule you select and we will charge your credit card 18 to 20 days after the date your invoice is sent to you. If your credit card payment is not approved, for any reason, your policy may be canceled according to its terms. It is your responsibility to ensure that we have accurate payment records and contact information to avoid cancellation of your policy. Failure to provide accurate contact and payment information does not relieve you of your payment obligations. If you choose to be notified via text messaging for your invoices, standard text messaging data and rates will apply. Please contact your mobile service provider for information regarding your text messaging and data rates.

Trademark and Copyright Notice

You acknowledge that all content and materials available through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by EverPeak or its licensors.    Unless otherwise indicated, all logos, names and marks on the Website, the Apps, or used in the Services are trademarks or service marks owned by or used under license by EverPeak.  Other than nominative uses, the use or misuse of any of such content, materials, trademarks and services marks is strictly prohibited.

The Services, including, but not limited to, text and pictorial and graphic works, are copyrighted materials owned or controlled by EverPeak. You may download and print copies of these materials for your use in learning about and evaluating the products or services offered through the Services. No other permission is granted to you to download, upload, reproduce, modify, distribute, or publish these materials in any form. No permission is granted to you to hyperlink with the Website or the Apps.

Privacy Policy

EverPeak takes your privacy and online security very seriously. Please see our Privacy Policy that explains how we collect, use and share your information.

Third-Party Websites

Access to third-party websites through the Services is provided to you as a convenience only. We do not endorse, control or approve the products, services or information offered to you on any third-party website. If you decide to access a linked third-party website, you do so solely at your own risk and you are therefore responsible for protecting yourself against viruses or other destructive elements that may occur or result from your use of any third-party website.

Warranty Disclaimer

THE WEBSITE AND THE OTHER SERVICES, INCLUDING ALL PRODUCTS, MATERIALS, AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EVERPEAK AND ITS AFFILIATES, NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS, MAKES ANY WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR RECOMMENDATIONS IN THE SERVICES.

Accuracy and Official Documents

Significant efforts have been made by EverPeak to assure the faithful reproduction of any primary sources of content found on the Services and the accuracy of any enhancements to primary materials. EverPeak cannot warrant, however, absolute accuracy. The primary source is the only source of absolute accuracy.

Limitation of Liability

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERPEAK OR ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, USE OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE, AND EVEN IF EVERPEAK OR ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EVERPEAK (AND ANY THIRD PARTY LICENSORS) FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR USER’S ACCESS TO THE SERVICES FOR THE PERIOD DURING WHICH THE EVENT COMPLAINED OF OCCURRED.

Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply and you may have additional rights. None of the exclusions or limitations in these Terms of Use will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.

Indemnification

You agree to indemnify, defend, and hold EverPeak and its affiliates, and their respective officers, directors, employees, licensees, representatives, and agents, harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) made by any third party that constitute, or arise out of or in connection with (a) your use or misuse of the Services, including the content therein, (b) your use of any third-party website hyperlinked to or from the Website or Apps, (c) content, materials or information you provide to EverPeak, (d) your breach of these Terms of Use, (e) your violation of any law, or (f) your violation of the rights of any third party (including, without limitation, any intellectual property rights).

Choice of Law

These Terms of Use are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice or conflict of laws rules.

Disputes

In the event of any dispute regarding or relating to these Terms of Use, each party hereto submits to the exclusive jurisdiction of the state and federal courts located in New York City, New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  Nothing herein will affect the right of any party to serve legal process in any other manner permitted by law.  If any legal action or other proceeding is brought in connection with this Terms of Use, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.  EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

Miscellaneous

These Terms of Use constitute the entire agreement between EverPeak and you pertaining to the subject matter hereof.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.  If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If the provisions of these Terms of Use conflict with the terms of your workers’ compensation insurance policy, the terms of the workers’ compensation insurance policy will supersede these Terms of Use. Headings are for reference purposes only and do not limit the scope or extent of such section.  In EverPeak’s sole discretion, EverPeak may assign these Terms of Use. EverPeak’s failure to act with respect to a breach by you or others does not waive EverPeak’s right to act with respect to subsequent or similar breaches. EverPeak does not guarantee that it will take action against all breaches of these Terms of Use.

Unauthorized Use and Termination

You agree to use the Services only for authorized and legal activities. EverPeak reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice and for any reason whatsoever. You are solely responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Intended Beneficiaries

EverPeak and User acknowledge that any third party licensors of all or any portion of the Services are intended beneficiaries of certain provisions of this Agreement, including, without limitation, those which address the protection of proprietary rights in the Services and the scope of use of the Services. If EverPeak fails to enforce any provisions which relate to protection or use of the Services, such third party licensors, in their own names and by a proper proceeding, may enforce such provisions against User.

Contact Us

If you have any questions or comments about the Services, EverPeak, or these Terms of Use, please contact us.