SECTION 1 — BINDING ACCEPTANCE & PROFESSIONAL PRIVITY
1.1 SCOPE OF AGREEMENT. This Terms of Service Agreement ("TOS") constitutes a legally binding contract between Forseti Services LLC, an Arizona limited liability company doing business as Forseti Restitution Partners ("Forseti", "we", "us", or "our"), and the purchasing attorney, law firm, or legal entity accessing our valuation systems ("Client", "you", or "your").
1.2 PROFESSIONAL PRIVITY ONLY. By accessing, initiating an intake queue, or utilizing any appraisal data delivered by Forseti, you explicitly represent that you are a licensed attorney engaging our services under strict professional privity as a B2B vendor. If you do not agree to be bound by these absolute terms, you must cease deployment of our data immediately.
SECTION 2 — DEFINITIONS
2.1 "Client" means the specific licensed attorney, professional corporation, or law firm executing an appraisal request on behalf of an underlying claimant.
2.2 "Services" means any technical asset valuation, data synthesis, database look-back, USPAP calculation report, expert witness affidavit, or live expert testimony.
2.3 "Case Evaluation Audit" means a preliminary record verification pull, including multi-source vehicle history synthesis, subjective risk classification (RED / YELLOW / GREEN tracking), and viability assessment.
2.4 "Report" means any finalized Uniform Standards of Professional Appraisal Practice (USPAP) compliant Diminished Value portfolio tier (Economy, Mid, Premium, Elite).
2.5 "Expert Testimony" means any live, telephonic, or video appearance, deposition, arbitration hearing, or trial court presentation executed by Forseti personnel.
2.6 "Affidavit" means a court-ready sworn statement or expert declaration produced by Forseti analysts.
SECTION 3 — OPERATIONAL SCOPE & SOURCE LATENCY
3.1 DATA INTEGRITY LIMITATIONS. Client acknowledges that Forseti's evaluations rely on third-party vehicle history databases. These may include CarFax®, AutoCheck®, the National Insurance Crime Bureau (NICB) VINCheck tool, and other aggregated sources. Forseti does not guarantee real-time accuracy or completeness of any external database feed.
3.2 DATABASE LAG SHIELD. FORSETI EXPLICITLY DISCLAIMS LIABILITY FOR ANY LATENT, DELAYED, OR HISTORICAL ACCIDENT RECORDS BACKDATED OR POSTED TO THESE EXTERNAL DATABASES SUBSEQUENT TO THE ISSUANCE OF A FORSETI REPORT. THE CLIENT RETAINS THE SOLE DUTY TO UNDERTAKE REQUISITE DUE DILIGENCE THROUGHOUT THE ACTIVE STATUTORY WINDOW PRESCRIBED UNDER A.R.S. § 12-542.
SECTION 4 — FINANCIAL LEDGER, RUSH VELOCITY, & ACCOUNT CREDITS
4.1 RUSH PRIORITY FEES. Rush processing options attract a fifty percent (50%) premium surcharge over base list prices. Client acknowledges that rush priority guarantees accelerated backend manual queue positioning; it does not constitute a specific guarantee of absolute delivery hours.
4.2 CASE EVALUATION AUDIT. The Case Evaluation Audit is included at no additional cost with every report tier purchase. A standalone Case Evaluation Audit may be purchased individually for $150.00 as a non-refundable evaluation service. Should the Client purchase a report tier and subsequently elect not to proceed after the audit is completed, a credit equal to the amount paid less $150.00 shall be issued to the Client's account for application toward future Forseti service purchases. No credit is issued for standalone audit purchases that are not followed by a report tier acquisition.
4.3 ACCOUNT CREDIT RESTRAINTS. All credits issued under our Audit Fee Deduction Policy or via early file termination constitute restrictive store credits for subsequent Forseti evaluations only.
4.4 ABSOLUTE CASH VALUE FORFEITURE. ALL FORSETI STORE CREDITS POSSESS ZERO ($0.00) MONETARY CASH VALUE. CREDITS ARE ENTIRELY NON-REFUNDABLE, NON-TRANSFERABLE, AND CANNOT BE CONVERTED TO MONETARY RECOVERY, REAL ASSETS, OR LIQUID CASH EQUITY. UNUTILIZED STORE CREDITS AUTOMATICALLY EXPIRE AND STAND COMPLETELY FORFEITED TWENTY-FOUR (24) MONTHS FROM THE EXACT CALENDAR DATE OF INITIAL ACCOUNT RETENTION.
4.5 ENTERPRISE DISCOUNTS. Qualified enterprise clients receive discounted rates on report tiers ($150 savings per report) and discounted affidavit pricing ($250 Standard → $150 Enterprise). Qualification requirements may apply.
SECTION 5 — EXPERT WITNESS RETAINERS & TESTIMONY RULES
5.1 INDEPENDENCE OF PROFESSIONAL OPINION. Forseti personnel function strictly as objective, unbiased asset appraisers. We do not act as advocacy counsel. Expert testimony and affidavits reflect independent professional calculations and do not guarantee a favorable litigation outcome or carrier settlement vector.
5.2 ADVANCE NOTARIZATION NOTICE. All Expert Testimony demands, depositions, or subpoenas must be coordinated with a minimum of fourteen (14) calendar days advance physical notice.
5.3 MANDATORY PRE-PAYMENT ESCROW RETAINER. NOTWITHSTANDING ANY PRIOR BILLING TEMPLATE, ALL SEPARATELY INVOICED DEPOSITION AND COURTROOM APPEARANCE RATES MUST BE PAID IN FULL VIA SECURE CLEARING AS A PRE-PAYMENT ESCROW RETAINER SEVENTY-TWO (72) HOURS PRIOR TO THE SCHEDULED PROCEEDING. FORSETI RESERVES THE ABSOLUTE RIGHT TO VACATE THE OUTLINED APPEARANCE WITHOUT CONTRACTUAL BREACH OR MATERIAL EXTRA LIABILITY IF THE PRE-PAYMENT BALANCE IS UNCLEARED AT SAID DEADLINE.
5.4 LATE-STAGE CANCELLATION SURCHARGES. Scheduled expert appearances altered, cancelled, or vacated within forty-eight (48) business hours of the appearance time are subject to a mandatory cancellation surcharge equal to fifty percent (50%) of the projected engagement invoice. Settled, continued, or compromised litigation files remain entirely bound by this cost-recovery provision.
5.5 SUBPOENA & DOCUMENT PRODUCTION SURCHARGE. If the Client's case triggers a subpoena for Forseti working files, internal notes, database log histories, or preliminary appraisal drafts, the Client shall be contractually responsible for a flat document-production processing surcharge of $250.00 plus Forseti's standard hourly rate for legal review time spent responding to said subpoena.
5.6 SCOPE OF EXPERT WITNESS SERVICES. Forseti may provide expert witness services in the following capacities: live deposition testimony, telephonic testimony and depositions, video conference testimony, courtroom appearance and testimony, arbitration appearances and testimony, negotiation appearances and advisory consultation, trial preparation consultation, and discovery assistance and document explanation.
5.7 RESERVATION OF RIGHTS. Forseti retains the right to limit, restrict, or decline expert witness engagements at our sole discretion. Acceptance of a report engagement does not constitute a commitment to provide expert witness services for the same matter.
SECTION 6 — EXPRESS DISCLAIMER OF WARRANTIES
6.1 THE COMPREHENSIVE RECOVERY METRIC EVALUATIONS PROVIDED BY FORSETI ARE CONVEYED ENTIRELY ON AN "AS IS" AND "AS AVAILABLE" STRUCTURAL BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER ARIZONA LAW, FORSETI EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF WORKMANLIKE PERFORMANCE, OR FITNESS FOR A SECURED JUDICIAL OUTCOME OR PROPERTY VALUE SETTLEMENT EXTRACTION.
SECTION 7 — ABSOLUTE LIMITATION OF LIABILITY & LAW FIRM INDEMNIFICATION
7.1 THE TOTAL, MAXIMUM AGGREGATE LIABILITY SUSTAINED BY FORSETI SERVICES LLC FOR ANY SYSTEMIC CLAIMS, NEGLIGENCE CORRELATIONS, ERRORS, OMISSIONS, OR CONTRACTUAL BREACHES ARISING FROM AN APPRAISAL REPORT OR ANALYSIS CAP SHALL BE RESTRICTED SOLELY TO THE EXACT MONETARY PRICE ACTUALLY PAID TO FORSETI FOR THAT SPECIFIC ENGAGEMENT UNIT ($150.00 USD FOR STANDALONE AUDITS, OR THE DOCUMENTED TIED REPORT PORTFOLIO FEE).
7.2 IN NO EVENT SHALL FORSETI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL PROPERTY DAMAGE LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF LEGAL FEE PERCENTAGES, COURT SURCHARGES, DISMISSED CLAIMS, PARALEGAL OVERHEAD, OR JUDICIAL LIENS BROUGHT BY UNDERLYING LITIGANTS.
7.3 ATTORNEY HOLD-HARMLESS COVENANT. CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FORSETI SERVICES LLC FROM ANY ACTIONS, LITIGATION, TORTIOUS COMPLAINTS, OR MALPRACTICE CROSS-CLAIMS INSTITUTED BY THE END VEHICLE OWNER, REPLACEMENT BUYERS, OPPOSING INSURANCE ADJUSTERS, OR THIRD-PARTY BENEFICIARIES RE-ROUTING OR ENGAGING THE ISSUED RECONCILIATION DATA.
7.4 NO VICARIOUS LIABILITY. If Forseti engages freelance appraisers, subcontractors, or co-testifiers, all such parties operate as independent vendors with zero authority to bind Forseti Services LLC. Client explicitly waives any claims against Forseti rooted in respondeat superior or vicarious agent liability for acts or omissions of such independent vendors.
SECTION 8 — GOVERNING LAW & JURISDICTIONAL VENUE
8.1 CHOICE OF LAW. This agreement, its structural covenants, and all claims arising out of our service matrix shall be governed by, and interpreted exclusively in accordance with, the substantive laws of the State of Arizona, without giving effect to any principles of conflicts of law.
8.2 SELECTION OF FORUM. Any formal legal actions or arbitration proceedings initiated by either party to enforce or challenge these terms must be instituted strictly within a state or federal court of competent jurisdiction located in Maricopa County, Arizona. The parties hereto irrevocably consent to exclusive personal jurisdiction and venue within said regional boundaries.
SECTION 9 — INTELLECTUAL PROPERTY & LIMITED LICENSING
9.1 REPORT OWNERSHIP. Forseti reports, analyses, methodologies, and proprietary classification systems are the intellectual property of Forseti Services LLC. Forseti retains full ownership and copyrights of all report methodologies and structural text blocks.
9.2 SINGLE-USE CONDITIONAL LICENSE. Client receives a revocable, non-transferable, single-use license restricted solely to the specific VIN and claim number listed on the intake documentation. Reports may not be reproduced, distributed, published, or used in unrelated matters without express written permission from Forseti. Unauthorized use constitutes breach of these terms.
9.3 EXPERT WITNESS MATERIALS. Any outlines, notes, summaries, or presentation materials prepared by Forseti for expert witness engagements remain the property of Forseti unless otherwise agreed in writing.
SECTION 10 — SYSTEM MODIFICATIONS, INTEGRATION, & SEVERABILITY
10.1 ENTIRE AGREEMENT (INTEGRATION). This TOS, combined with any executed intake queue parameters, constitutes the absolute and entire agreement between the parties concerning Forseti's appraisal services. It completely supersedes and replaces all prior or contemporaneous electronic communications, marketing collateral, oral representations, or email summaries. No alterations or modifications to these terms shall be binding unless expressly executed in writing by an authorized manager of Forseti Services LLC.
10.2 SEVERABILITY AND SAVINGS CLAUSE. If any specific provision, covenant, or liability cap within this Agreement is held by an Arizona court of competent jurisdiction to be invalid, void, or legally unenforceable, the remaining terms of this TOS shall continue in full force and effect without being impaired. The parties further agree that any provision held partially invalid shall be automatically reformed by the court to the minimum extent necessary to make it legally valid and enforceable under Arizona common law while preserving its original commercial intent.
10.3 MODIFICATIONS AND AMENDMENTS. Forseti reserves the right to modify these Terms of Service at any time by updating the text directly on our landing page domain (makewhole.net/terms). Submitting a new VIN or claim to our intake queue after a publication date constitutes immediate, binding acceptance of the newly revised terms for that specific transaction.
SECTION 11 — BINDING COMMERCIAL ARBITRATION & CLASS ACTION WAIVER
11.1 MANDATORY BINDING ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER ARIZONA LAW, ANY CONFLICTS, DISPUTES, OR FINANCIAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING PRIVATE COMMERCIAL ARBITRATION IN MARICOPA COUNTY, ARIZONA, RATHER THAN IN A COURT OF LAW. THE PROCEEDING SHALL BE MANAGED BY A SINGLE, NEUTRAL ARBITRATOR EXPERIENCED IN COMMERCIAL CONTRACT LAW, MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING, AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY ARIZONA COURT HOLDING COMPETENT JURISDICTION.
11.2 ARBITRATION BEFORE LITIGATION. No party may commence litigation in any court regarding any dispute subject to this Section without first completing the arbitration process in its entirety. Any court action filed prior to completion of arbitration shall be dismissed without prejudice subject to completion of arbitration.
11.3 COSTS AND FEES. Each party shall bear its own costs and attorneys' fees in connection with arbitration, unless the arbitrator determines that a party's claims were frivolous or brought in bad faith, in which case the prevailing party may be awarded reasonable costs and fees.
11.4 EMERGENCY EQUITABLE RELIEF. Notwithstanding the foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction located in Maricopa County, Arizona, solely for the purpose of preserving evidence, protecting intellectual property, or preventing imminent irreparable harm, pending completion of arbitration.
11.5 CLASS ACTION RESTRAINT. CLIENT AGREES THAT ALL DISPUTES RESOLVED UNDER THIS ARBITRATION FRAMEWORK SHALL BE LITIGATED ENTIRELY ON AN INDIVIDUAL BASIS. CLIENT EXPLICITLY WAIVES ANY PROCEDURAL RIGHT, POWER, OR AUTHORITY TO INITIALIZE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED LEGAL PROCEEDINGS AGAINST FORSETI SERVICES LLC.
SECTION 12 — PRIVACY AND DATA PROTECTION
12.1 DATA COLLECTION. Forseti collects information necessary to produce diminished value reports, including VINs, accident history, and billing information. All client data is encrypted in transit and at rest.
12.2 THIRD-PARTY SHARING. Vehicle history data is pulled from third-party providers. No personally identifiable information is shared with these providers beyond what is required for report generation.
12.3 EMAIL SECURITY. Forseti utilizes Proton Mail for client communications, providing end-to-end encryption. Sensitive case information transmitted via email benefits from this security layer.
12.4 EXPERT WITNESS CONFIDENTIALITY. Information shared during expert witness engagements, including case strategy, discovery materials, and settlement discussions, shall be treated as confidential and shall not be disclosed to third parties except as required by law, court order, or with express written consent of the Client.
SECTION 13 — CONTACT INFORMATION
For questions regarding these Terms of Service, please contact:
Forseti Restitution Partners
Email: [email protected]
Phoenix, Arizona, USA
ACKNOWLEDGMENT OF TERMS
By checking the acknowledgment box on the registration page or by proceeding with any Forseti service, you confirm:
- You have read and understand these Terms of Service
- You agree to be legally bound by all terms contained herein
- You understand that account credits have no cash value
- You accept the limitation of liability provisions, including the $150.00 liability cap
- You agree that disputes shall be resolved through binding arbitration before pursuing litigation
- You waive participation in any class action proceedings
- You acknowledge that Arizona law governs this agreement
- You understand that expert witness services are separate engagements with distinct fee structures