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 professional services or Work Product 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 terms, you must cease all use of our Work Product and Services immediately.
1.3 ATTORNEY ELIGIBILITY. This Service is available exclusively to licensed attorneys and their authorized staff.
By accessing the Service, you represent and warrant that you are a licensed attorney in good standing in at least one U.S. jurisdiction, or are an authorized agent acting on behalf of such attorney.
Forseti Restitution Partners reserves the right to verify licensure status through applicable state bar associations.
1.4 ACCOUNT VETTING, DELAY, AND SERVICE DENIAL. Client acknowledges that while technical access to the online intake portal may be granted immediately upon electronic execution, Forseti performs manual attorney vetting to verify bar licensure status with reasonable care prior to processing, generating, or delivering any final Report or Service.
Attorney vetting typically requires three (3) to seven (7) business days but may take longer depending on verification volume and bar-response timing.
If vetting exceeds fifteen (15) business days from the date of a completed submission, the Client may cancel that engagement for a full refund or full account credit at the Client's election.
Forseti does not guarantee any specific vetting outcome or completion date.
An optional expedited vetting service may be available for a fee displayed at the time of request; no fixed expedited fee is stated in this TOS.
Vetting duration does not trigger refunds or credits by itself.
Forseti may deny service, cancel an intake queue, or revoke portal access at its discretion, subject to the fees-paid liability cap in Section 6.1.
Time elapsed during vetting does not extend, suspend, or alter the document-cooperation deadlines in Section 3.4, and Priority Queue Placement begins only upon completion of vetting as set forth in Section 4.1.
Client agrees that Forseti is not liable for damages, losses, cognizable litigation prejudice, or missed statutory or court-imposed deadlines resulting from vetting or delivery timing.
Client retains the sole duty to monitor applicable statutes of limitation and court deadlines independent of Forseti's processing schedule.
1.5 NATURE OF SERVICES. All offerings of Forseti are professional appraisal and consulting services performed by licensed personnel.
Every report, audit, affidavit, letter, or other document furnished by Forseti is Work Product embodying and recording that professional opinion, delivered as an incident of the Services.
No transaction with Forseti constitutes a sale, rental, lease, or license of tangible personal property, documents, data, or goods.
The medium of delivery (electronic or physical) is selected at Forseti's sole convenience and has no bearing on the nature of any engagement as a professional service.
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 professional forensic valuation, data synthesis, database look-back, USPAP-aligned calculation reports, standalone sworn affidavits, case evaluation audits, and related expert witness support services performed by Forseti for attorney-led diminished-value matters.
2.3 "Case Evaluation Audit" means a preliminary record verification pull, including multi-source vehicle history synthesis, objective anchor verification under Section 3.7, and itemized flag disclosure consistent with Section 3.7.
2.4 "Report" means the USPAP-aligned Work Product embodying Forseti's professional appraisal opinion for a Diminished Value engagement tier (Economy, Mid, Premium, Elite), furnished as an incident of the Services.
2.5 "Affidavit" / "Sworn Affidavit" means a standalone product priced at $250.00, personally authored by Forseti's principal with his sworn statement, available for separate purchase independent of any report tier, and prepared for potential court submission.
2.6 "The Launchpad" means Forseti's password-gated backend administrative operations dashboard (password of eight (8) or more characters including letters and numbers) where all fulfillment workflows, order tracking, and manual verification activities occur.
2.7 "Work Product" means any report, audit, affidavit, letter, or other document furnished by Forseti as an incident of the Services, embodying and recording Forseti's professional opinion.
Work Product is not sold, leased, rented, or licensed as tangible personal property, data, or goods.
The medium of delivery (electronic or physical) is selected at Forseti's convenience and has no bearing on the nature of any engagement as a professional service.
2.8 "Service Matrix" means Forseti's integrated offering of professional diminished-value services, intake workflows, fulfillment systems, and related deliverables accessed through makewhole.net and The Launchpad, as described in this TOS.
2.9 "Qualified Enterprise" means a Client that meets Forseti's published enterprise-qualification criteria and has been assigned enterprise pricing status by Forseti in writing or through an authorized account designation, as referenced in Section 4.5.
2.10 "USPAP" means the Uniform Standards of Professional Appraisal Practice as published by The Appraisal Foundation, applied by Forseti to the extent relevant to diminished-value forensic valuation workfiles and reporting discipline. Forseti does not represent USPAP certification or compliance.
2.11 "Branded Title" means a motor-vehicle title record showing a salvage, rebuilt, or equivalent brand designation on the title record reviewed for the matter.
2.12 "Frame or Structural Damage" means documented damage to the vehicle's structural frame or unibody appearing on a vehicle history record for a prior accident, excluding mechanical-only issues not tied to structural or unibody damage.
2.13 "Flood History" means a flood brand on the title record or a documented water-damage claim record on a vehicle history report for the subject vehicle.
2.14 "Mileage Chain" / "Mileage Discrepancy" means the sequential mileage entries on title and vehicle history records for the subject vehicle; a Mileage Discrepancy exists when those records show an inconsistency in the recorded mileage chain.
2.15 "Green Classification" means a Case Evaluation Audit result when zero (0) objective anchors defined in Section 3.7 are verified; the audit states the Green Classification, notes no flag-triggering items found, and the matter proceeds on the standard report path.
2.16 "Yellow Classification" means a Case Evaluation Audit result when exactly one (1) objective anchor defined in Section 3.7 is verified; valuation may lean on discounted comparables and the audit notes caution accordingly.
2.17 "Red Classification" means a Case Evaluation Audit result when two (2) or more objective anchors defined in Section 3.7 are verified; the comparable pool may be materially impaired and valuation may shift to class-based statistical methodology, with the audit advising extreme caution and recommending attorney consultation with the end client before ordering a full report.
2.18 "Priority Queue Placement" means placement of an eligible engagement at the top of Forseti's manual appraisal queue relative to standard submissions after attorney vetting under Section 1.4, purchased by a fifty percent (50%) surcharge on eligible deliverables under Section 4.1.
SECTION 3 — OPERATIONAL SCOPE & SOURCE LATENCY
3.1 DATA SYNTHESIS METHODOLOGY & THE LAUNCHPAD INFRASTRUCTURE. Client acknowledges that Forseti's appraisals are generated using a proprietary backend data-matrix dashboard ("The Launchpad") which synthesizes up to 45+ external sources across multiple operational categories.
These sources include pre-accident valuation engines (Kelley Blue Book, NADA Guides, Edmunds TMV), vehicle history networks (CarFax, Experian AutoCheck, NICB), market listing aggregators (Cars.com, AutoTrader, AutoTempest, CarEdge), and carrier repair estimates provided directly by the Client (CCC ONE, Mitchell).
Forseti explicitly disclaims any proprietary relationship, affiliation, or direct API integration with these trademarked third-party platforms.
Launchpad and FRP Scraper outputs are preliminary data-gathering tools; every report receives independent professional valuation judgment by qualified licensed personnel.
3.2 DATA RETRIEVAL METHODS, DISRUPTION, & LAG SHIELD. Client acknowledges that data collection via The Launchpad utilizes a hybrid evolution of data gathering tools, including semi-manual parameters, custom bookmarklets, web-scraping utilities ("FRP Scraper"), and/or prospective structured Application Programming Interfaces (APIs).
Forseti disclaims liability for delivery interruptions, timeouts, or data omissions caused by third-party Web Application Firewall (WAF) blocks, Virtual Private Network (VPN) IP bans, cloud-security countermeasures, or algorithmic layout updates deployed by external domains.
FORSETI DISCLAIMS LIABILITY FOR ANY LATENT OR HISTORICAL RECORDS BACKDATED OR ALTERED BY THIRD-PARTY REGISTRIES SUBSEQUENT TO THE ISSUANCE OF A FORSETI REPORT.
The Client retains the sole duty to monitor applicable limitations periods and court deadlines, and to undertake requisite due diligence within those periods, as set forth in Section 1.4.
3.3 CLIENT COOPERATION WITH DOCUMENTED METHODOLOGY. Client agrees that the attorney and underlying client must cooperate with Forseti's documented methodology for diminished-value analysis.
The intake document list presented at engagement is a good-faith starting list only and is not exhaustive.
The scope of required cooperation, supplemental documentation, and analytical steps is governed by Forseti's methodology as it exists at the time the report is prepared, not merely by documents supplied at intake.
3.4 FLAGGED ITEMS AND CONSEQUENCES OF NON-COOPERATION.
(a) When Forseti flags missing, incomplete, or inconsistent documents or information, the Client shall have fourteen (14) calendar days from written notice to respond or deliver the requested materials. Forseti may send reminders during this window. No consequence attaches unless and until Forseti delivers written notice of the deficiency and the applicable deadline.
(b) If non-cooperation continues after Forseti's final written notice, the Client shall have fourteen (14) additional calendar days, after which the engagement closes for failure to cooperate.
(c) Accommodation on Contact: ANY client contact before the closure deadline — including a phone call, a one-line email, or other communication — stating a wish to reschedule or indicating when documents will arrive constitutes full accommodation; Forseti shall grant a new deadline that may exceed the original deadline; ONLY continued silence closes the engagement.
(d) Closure and Credit Calculation: upon closure under this Section, the $150.00 Case Evaluation Audit fee is earned upon performance of the audit and is NOT part of any credit calculation;
the tier price (total amount paid MINUS the $150.00 audit component) is split fifty percent (50%) retained by Forseti as compensation for labor on a non-completable report and fifty percent (50%) credited to the Client's account subject to the store-credit rules in Sections 4.3 and 4.4 (no cash value; expiry per Section 4.4).
By way of example only:
a Mid-tier purchase of $650.00 ($500.00 tier component plus $150.00 audit component), closed for non-cooperation after audit performance, results in $400.00 retained by Forseti and $250.00 credited to the Client account.
(e) This Section is distinct from, and does not modify, the voluntary walk-away election in Section 4.2; the two exits operate independently.
3.5 MARKET DATA FRESHNESS. Deliverables speak as of the date Forseti's underlying market data was captured, not merely the date of delivery.
TIME IS OF THE ESSENCE with respect to Client document timeliness, because market-driven valuation inputs shift materially within thirty (30) to ninety (90) days.
If Client-side delay pushes finalization beyond the applicable data freshness window, a data refresh is required.
The first courtesy refresh occasioned by Client-side delay is performed at no charge; any subsequent refresh occasioned by Client-side delay is subject to Forseti's then-current refresh fee.
Client account credits remain redeemable toward future reports notwithstanding this Section.
3.6 FORCE MAJEURE. If third-party data provider outages, API changes, internet infrastructure failures, or comparable events outside Forseti's reasonable control materially affect data retrieval, verification, or report preparation, Forseti's affected obligations and completion timelines are suspended for the duration of the event.
Included events encompass, without limitation, labor strikes and other labor disputes, regulatory changes affecting data access, and cyberattacks affecting Forseti's or third-party providers' systems.
Forseti shall provide prompt notice to Client when practicable and resume affected work when service restores.
Suspension under this Section does not waive Client's document-cooperation duties once service resumes.
3.7 AUDIT CLASSIFICATION ANCHORS, TABLE, AND ITEMIZED DISCLOSURE.
Case Evaluation Audit classification is based on exactly four (4) objective, verifiable anchors and no others:
(1) Branded Title;
(2) Frame or Structural Damage;
(3) Flood History;
(4) Mileage Discrepancy — each as defined in Section 2.
Mechanical issues independent of the collision are excluded.
CLASSIFICATION TABLE:
Green Classification = zero anchors verified;
Yellow Classification = one anchor verified;
Red Classification = two or more anchors verified.
DISCLOSURE REQUIREMENTS:
(a) when zero anchors are verified, the audit states "Green Classification — no flag-triggering items found";
(b) when Yellow or Red applies, the audit itemizes each verified anchor individually and, for each item, states
(i) exactly what was found,
(ii) the source or documentation where it was found (title record, vehicle history record, claim record, or mileage chain), and
(iii) a plain-English explanation of why the item affects valuation confidence using the same definition wording as Section 2 for that anchor;
(c) no anchor may support a classification unless individually listed;
(d) Red Classification language advises extreme caution and recommends attorney consultation with the end client before ordering a full report.
A Red classification reflects verified history-record indicators and signals that documented comparable data may be insufficient for standard valuation methodology.
Classification outcomes describe data conditions only; they do not constitute a prediction, guarantee, or recommendation regarding any case outcome.
Anchor findings are based on the sources actually consulted and documented in the engagement workfile as of the data-capture date. Government and primary-source records are relied upon where reasonably accessible. Where primary records are not reasonably accessible, third-party vehicle-history sources may be relied upon, and the specific sources consulted for each anchor finding are recorded in the workfile. Where sources conflict, Forseti applies heightened diligence consistent with its escalation procedures and discloses the conflict and resolution in the engagement workfile.
3.8 AUDIT VALIDITY; SUBSEQUENT EVENTS.
(a) Audit validity. An audit reflects verified facts about the subject vehicle's history and documentation status as of the audit date. Vehicle history facts do not change with the passage of time, and accordingly the audit does not expire by the passage of time. If a Client later purchases a diminished value report of any tier for the same matter, the standalone audit fee previously paid ($150) is credited toward that purchase without regard to when the audit was performed.
(b) Subsequent accidents. A new audit is required only where the matter arises from a subsequent accident or damage event different from the accident for which the prior audit was performed. Such a new audit constitutes a new matter, priced as a standalone audit.
(c) Distinction from report validity. Diminished value reports differ from audits. Report conclusions rest on market values as of the report date, and vehicle values shift over time. Report validity windows are governed separately by the provisions applicable to reports, and nothing in this clause extends, modifies, or guarantees report valuation beyond those provisions.
(d) No legal determination. Audit findings state verified facts and items of caution only. Audit classifications (including any cautionary designation) do not constitute a legal opinion, a determination of claim viability, or a recommendation for or against pursuing any claim. Decisions regarding pursuit of any claim rest solely with the Client and the Client's client.
(e) Refreshed verification. If more than ninety (90) days pass between the audit date and a later report order for the same matter, Forseti may perform a supplemental re-verification of vehicle history records to confirm no new relevant events have been recorded since the audit date. Any such re-verification is performed at no additional charge and does not constitute a new audit unless a subsequent accident or damage event is identified.
SECTION 4 — FINANCIAL LEDGER, PRIORITY QUEUE PLACEMENT, & ACCOUNT CREDITS
4.1 PRIORITY QUEUE PLACEMENT FEES. Priority Queue Placement options attract a fifty percent (50%) premium surcharge over the price of eligible professional engagements only: hybrid diminished-value report engagements and standalone Sworn Affidavit engagements.
Priority Queue Placement does not apply to standalone Case Evaluation Audits or to licensing upgrades (co-brand or white-label).
Client acknowledges that Priority Queue Placement places the file at the top of Forseti's backend manual appraisal queue relative to standard submissions after attorney vetting under Section 1.4 is complete.
Priority Queue Placement means the file is assigned for appraiser review ahead of all standard submissions upon completion of vetting, subject to the file being complete and compliant with Section 3.3.
Priority Queue Placement does not begin until vetting under Section 1.4 is completed to Forseti's satisfaction.
Priority Queue Placement is not a guarantee of specific delivery hours or same-calendar-day turnaround.
Same-calendar-day delivery for Economy-tier report engagements is available only when the Client has purchased applicable Priority Queue Placement; standard Economy-tier turnaround excludes same-calendar-day delivery without it.
Priority Queue Placement surcharges are earned upon queue placement and are non-refundable regardless of delivery time variations.
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.
Classification results follow Section 3.7.
Should the Client purchase a report tier and subsequently receive a Red or Yellow Classification, the Client may elect not to proceed with the full report within thirty (30) calendar days of receiving the itemized audit disclosure.
Upon such election, 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.
Should the Client first purchase a standalone audit and subsequently purchase a report tier, a $150.00 rebate credit shall be applied to the Client's account, as the audit cost is already reflected in tier pricing.
No credit is issued for standalone audit purchases that are not followed by a report tier acquisition.
All credits issued under this Section are subject to the restrictions set forth in Section 4.4.
Forseti furnishes reports, audits, notices, and related Work Product by email as a convenience.
The medium of delivery does not alter the nature of any engagement as a professional service.
Election not to proceed, and all elections under this Section, are made by email to support@makewhole.net.
4.3 ACCOUNT CREDIT RESTRAINTS AND AUDIT FEE DEDUCTION POLICY. "Audit Fee Deduction Policy" means: a standalone Case Evaluation Audit fee of $150.00 may be credited toward a subsequently purchased report tier; tier prices already include the audit component; audit credits apply only to standalone audits not already included in a bundled tier purchase and are not double-applied.
All credits issued under the Audit Fee Deduction Policy, under Section 3.4, under Section 4.2, or via early file termination constitute restrictive store credits for subsequent Forseti evaluations only.
4.4 Cash Value Forfeiture — Credit Policy. 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 standalone Sworn Affidavit pricing ($250 Standard → $150 Enterprise). Qualification requirements may apply.
SECTION 5 — EXPRESS DISCLAIMER OF WARRANTIES
5.1 THE COMPREHENSIVE RECOVERY METRIC EVALUATIONS, PROPRIETARY HYBRID REPORT METHODOLOGIES, AND VALUATION DELIVERABLES 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 MERCHANTABILITY, WORKMANLIKE PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE.
FORSETI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE JUDICIAL ADMISSIBILITY, EVIDENTIARY WEIGHT, RELEVANCE, OR RELIABILITY OF ITS REPORTS OR METHODOLOGIES UNDER DAUBERT, FRYE, OR ANY OTHER APPLICABLE EVIDENTIARY STANDARD IN ANY JURISDICTION.
THE CLIENT ACKNOWLEDGES THAT THE REPORTS ARE DATA SYNTHESIS TOOLS AND DO NOT CONSTITUTE LEGAL ADVICE, AN INVESTIGATION, OR A GUARANTEE OF A SECURED JUDICIAL OUTCOME OR PROPERTY VALUE SETTLEMENT EXTRACTION.
THE ENTIRE RISK AS TO THE ADMISSIBILITY AND LITIGATION UTILITY OF THE DELIVERABLES IS BORNE SOLELY BY THE CLIENT.
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 MERCHANTABILITY, WORKMANLIKE PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE.
FORSETI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE JUDICIAL ADMISSIBILITY, EVIDENTIARY WEIGHT, RELEVANCE, OR RELIABILITY OF ITS REPORTS OR METHODOLOGIES UNDER DAUBERT, FRYE, OR ANY OTHER APPLICABLE EVIDENTIARY STANDARD IN ANY JURISDICTION.
THE CLIENT ACKNOWLEDGES THAT THE REPORTS ARE DATA SYNTHESIS TOOLS AND DO NOT CONSTITUTE LEGAL ADVICE, AN INVESTIGATION, OR A GUARANTEE OF A SECURED JUDICIAL OUTCOME OR PROPERTY VALUE SETTLEMENT EXTRACTION.
THE ENTIRE RISK AS TO THE ADMISSIBILITY AND LITIGATION UTILITY OF THE DELIVERABLES IS BORNE SOLELY BY THE CLIENT.
SECTION 6 — LIMITATION OF LIABILITY & ATTORNEY INDEMNIFICATION
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL, MAXIMUM, CONSOLIDATED AGGREGATE LIABILITY SUSTAINED BY FORSETI SERVICES LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS FOR ANY AND ALL CLAIMS, LIABILITIES, SYSTEMIC DATA BREACHES, ERRORS, OMISSIONS, PROFESSIONAL NEGLIGENCE, MALPRACTICE EXPOSURES, TOXIC DATA LEAKS, OR CONTRACTUAL BREACHES ARISING OUT OF, OR IN CONNECTION WITH, ANY APPRAISAL REPORT, AUDIT, AFFIDAVIT, DELIVERABLE, OR USE OF THE SERVICE MATRIX SHALL BE RESTRICTED TO THE GREATER OF (A) THE FEES ACTUALLY PAID BY THE CLIENT TO FORSETI FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE LIABILITY, OR (B) FIVE THOUSAND DOLLARS ($5,000.00).
CLIENT ACKNOWLEDGES AND AGREES THAT THIS LIMITATION IS A MATERIAL BASIS OF THE BARGAIN AND A CORE INDUCEMENT FOR THE SERVICES.
6.2 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.
6.3 ATTORNEY HOLD-HARMLESS COVENANT. Client agrees to defend, indemnify, and hold harmless Forseti Services LLC solely within the Forseti–attorney contract relationship for third-party claims alleging harm arising from the Client's use, presentation, or reliance on Forseti Work Product in the Client's representation of end clients.
This indemnity does not apply to claims arising from Forseti's own negligence, gross negligence, or willful misconduct.
Forseti is not responsible for how the attorney uses, presents, or relies on any report with the attorney's own end clients; the attorney retains that responsibility.
Any monetary claim by a third party that would invoke this indemnity, and any monetary remedy Forseti seeks under this Section, shall be determined exclusively through binding arbitration under Sections 10.1–10.7, subject to the fees-paid liability cap in Section 6.1.
Emergency injunctive relief under Section 10.4 remains available where applicable.
6.4 NO VICARIOUS LIABILITY. If Forseti engages freelance appraisers or subcontractors, 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 7 — GOVERNING LAW & JURISDICTIONAL VENUE
7.1 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.
7.2 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 8 — INTELLECTUAL PROPERTY & USE RESTRICTIONS
8.1 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.
8.2 USE AUTHORIZATION. Upon payment of applicable fees, Client is authorized to use the Work Product for the specific intake matter identified in the intake form. Client acquires no title or property interest in the Work Product. All Section 8 restrictions survive.
8.3 SINGLE-MATTER USE LIMITATION. Client's use of Work Product is 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.
8.4 PER-MATTER LICENSE. Each deliverable is licensed for use in one matter, one vehicle, and one underlying client only. Additional use in a separate matter, vehicle, or client requires a paid license from Forseti. Unauthorized reuse constitutes breach of these terms, and Forseti may seek injunctive relief and other remedies for unauthorized reuse without prejudice to any other rights.
8.5 USE RESTRICTIONS. Unless otherwise expressly permitted in writing by Forseti, Client shall not, and has no right to:
(a) rent, lease, loan, export, or sell access to the Services, or any report, deliverable, or output produced by Forseti, to any third party;
(b) sublicense, assign, or transfer any rights under these Terms without prior written consent from Forseti;
(c) use Forseti reports, methodologies, metadata configurations, structural headings, or deliverables as a template, framework, or structural guide for producing internal or competing diminished value appraisals, automated calculations, or valuation services;
(d) reverse engineer, decompile, scrape, or otherwise attempt to extract or derive the proprietary methodology, database weighting algorithms, formulas, or adjustment matrices behind Forseti's calculations;
(e) use the Service on behalf of, or for the benefit of, any insurance carrier or claims adjusting firm — Forseti serves claimants and their counsel exclusively;
(f) remove, alter, or obscure any proprietary notices, watermarks, branding, or identifying marks on Forseti deliverables, except where White Label or Co-branding services have been expressly purchased and paid for.
8.6 INJUNCTIVE RELIEF AND LIQUIDATED DAMAGES. Client acknowledges that any violation of Section 8.5 may inflict immediate, irreparable commercial harm upon Forseti for which monetary damages alone may be inadequate.
Either party may seek immediate injunctive relief in a court of competent jurisdiction in Maricopa County, Arizona, without the necessity of posting a bond, pending arbitration.
THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THE ACTUAL DAMAGES FROM UNAUTHORIZED REUSE ARE DIFFICULT OR IMPOSSIBLE TO CALCULATE IN ADVANCE, AND THAT THE LIQUIDATED-DAMAGES AMOUNT BELOW CONSTITUTES A REASONABLE PRE-ESTIMATE OF SUCH DAMAGES.
Any monetary claim for liquidated damages equal to three (3) times the tier price paid by the Client for the specific matter giving rise to the breach, and any monetary attorneys' fees sought for enforcement, shall be determined exclusively by the arbitrator under Sections 10.1–10.7 and are not adjudicated in court except as necessary to confirm or enforce an arbitration award.
The liquidated damages amount represents a reasonable, good-faith estimate of harm at the time of contracting and is not a penalty.
8.7 WHITE LABEL / CO-BRANDING EXCEPTION. Where White Label or Co-branding services have been purchased, the restrictions in Section 8.5(f) shall be modified to permit the removal or replacement of Forseti branding on client-facing deliverables only.
All other restrictions remain in full force and effect.
The underlying methodology and intellectual property remain solely with Forseti.
8.8 VIOLATION CONSEQUENCES. Violation of any provision of this Section may result in immediate termination of access, withholding of deliverables, and potential legal action. Fees paid for reports produced under violations are non-refundable.
SECTION 9 — SYSTEM MODIFICATIONS, INTEGRATION, & SEVERABILITY
9.1 ENTIRE AGREEMENT (INTEGRATION). Order of control:
(1) an executed Expert Witness Services Agreement controls the negotiated scope for that specific expert witness engagement;
(2) this TOS governs all other services.
Subject to that hierarchy, this TOS, combined with any executed intake queue parameters, constitutes the entire agreement between the parties concerning Forseti's non-expert-witness services.
It supersedes prior or contemporaneous electronic communications, marketing collateral, oral representations, or email summaries concerning such services.
No alterations or modifications to these terms shall be binding unless expressly executed in writing by an authorized manager of Forseti Services LLC.
9.2 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.
9.3 MODIFICATIONS AND AMENDMENTS. Each engagement is governed by the version of this TOS in force on the engagement date for that matter.
Forseti may publish material amendments to this TOS by updating the text on makewhole.net and providing at least thirty (30) days' advance email notice of material changes to affected Clients with pending engagements.
A Client with a pending engagement materially affected by such a change may cancel that pending engagement within seven (7) calendar days of the notice without penalty.
Submitting a new VIN or claim after publication constitutes binding acceptance of the then-current TOS for that new transaction.
SECTION 10 — BINDING COMMERCIAL ARBITRATION & CLASS ACTION WAIVER
10.1 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 ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
THE PROCEEDING SHALL BE MANAGED BY A SINGLE, NEUTRAL ARBITRATOR SELECTED IN ACCORDANCE WITH AAA RULES.
IF AAA IS UNAVAILABLE OR UNWILLING TO ADMINISTER THE PROCEEDING, AND THE PARTIES CANNOT MUTUALLY AGREE UPON AN ALTERNATIVE PRIVATE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE INITIAL DEMAND, EITHER PARTY MAY PETITION THE SUPERIOR COURT OF MARICOPA COUNTY TO APPOINT A NEUTRAL COMMERCIAL ARBITRATOR UNDER A.R.S. § 12-1503 IF NO ALTERNATIVE ARBITRATOR HAS BEEN AGREED WITHIN THIRTY-FIVE (35) CALENDAR DAYS OF THE INITIAL DEMAND.
THE ARBITRATOR'S DECISION SHALL BE FINAL, BINDING, AND NON-APPEALABLE.
10.2 ARBITRATION BEFORE LITIGATION. No party may commence litigation in any court seeking monetary relief regarding any dispute subject to this Section without first completing the arbitration process in its entirety.
Any court action seeking monetary relief filed prior to completion of arbitration shall be dismissed without prejudice subject to completion of arbitration.
10.3 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.
10.4 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.
Injunctive relief under Section 8.6 may be sought in court on the same basis.
All monetary claims — including liquidated damages under Section 8.6, indemnity under Section 6.3, and fee disputes — shall be determined exclusively by the arbitrator under this Section 10.
10.5 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. If the agreement to arbitrate in Section 10.1 is held invalid or unenforceable, this Class Action Waiver shall remain in full force and effect in any court proceeding.
10.6 SURVIVAL. The obligations in this Section 10, including the agreement to arbitrate, the requirement to complete arbitration before any monetary court filing, the class-action waiver, and the Arizona choice of law and Maricopa County venue, shall survive expiration or termination of this Agreement, completion of any engagement, and delivery or rejection of any report, audit, or affidavit.
10.7 COVERED DISPUTES. This Section 10 applies to all disputes between Forseti Restitution Partners (Forseti Services LLC) and the Client, including without limitation disputes arising from diminished-value reports, case-evaluation audits, affidavits, licensing, billing, indemnity under Section 6.3, and liquidated damages under Section 8.6.
No party may file a court action seeking monetary relief concerning such disputes until binding arbitration under this Section has been completed, except to confirm or enforce an arbitration award or for the limited emergency equitable relief described in Section 10.4.
SECTION 11 — PRIVACY AND DATA PROTECTION
11.1 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.
Forseti collects only the minimum information required to deliver forensic valuation services; the attorney controls redaction decisions; claimant or client PII is not collected as a condition of service except as counsel chooses to supply in uploaded exhibits.
11.2 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.
Payment processing is handled by Stripe; transactional email by the site's email service provider; hosting and storage by Cloudflare.
Each processor handles data only as needed to perform its function and consistent with the Privacy Policy.
11.3 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.
11.4 DATA RETENTION. Attorney account and credential data are retained while the account is active plus twenty-four (24) months after last activity.
Report workfiles and supporting documents are retained for five (5) years from report issuance, or two (2) years after any related legal proceeding concludes — whichever is later.
Payment records are retained as required by applicable tax and accounting law (typically seven years).
Website analytics and server logs are retained no longer than twelve (12) months.
Email correspondence is retained twenty-four (24) months.
11.5 BREACH NOTIFICATION. Upon discovery of a suspected security incident, Forseti begins internal assessment within seventy-two (72) hours.
Affected clients are notified without unreasonable delay and no later than thirty (30) calendar days after confirmation of a breach involving their data, to the email of record.
Notice describes what occurred, data involved, steps taken, and contact at support@makewhole.net.
No admission of fault is implied by notification alone.
11.6 ATTORNEY DATA RIGHTS. Access, correction, and deletion requests may be submitted to support@makewhole.net.
Deletion requests are honored except where retention is legally required — including tax records, active litigation holds, or workfiles retained for methodology documentation — as stated in the Privacy Policy at makewhole.net/privacy.html, incorporated by reference.
SECTION 12 — CONTACT INFORMATION
For questions regarding these Terms of Service, please contact:
Forseti Restitution Partners
Email: support@makewhole.net
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 that Forseti's aggregate liability for a specific transaction is capped at the greater of the fees actually paid by you for that transaction or $5,000.00
- You agree that each deliverable is licensed for one matter, one vehicle, and one underlying client unless a paid license is obtained for additional use
- You understand that if an engagement closes for non-cooperation under Section 3.4, the $150.00 audit fee is earned upon audit performance and is excluded from credit math; the remaining tier price is split fifty percent (50%) retained by Forseti and fifty percent (50%) credited to your account, and that any client contact before closure requesting reschedule or stating when documents will arrive will be fully accommodated
- 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 agree to all Use Restrictions in Section 8, including prohibitions on reselling, renting, or transferring reports and the per-matter license in Section 8.4
- You acknowledge that manual bar verification may delay service initiation, that vetting typically requires three (3) to seven (7) business days, that vetting timelines are not guaranteed, and that Priority Queue Placement fees only affect post-verification queue positioning
- You understand that data retrieval via The Launchpad may experience third-party platform disruptions (WAF blocks, VPN IP bans)