Terms of Service

1. Description and Scope of Services

Cardinal Appraisal Group, LLC (“Cardinal,” “we,” “us,” or “our”) provides vehicle appraisal and valuation services, including actual cash value (“ACV”) appraisals and diminished value (“DV”) appraisals.

The specific Service purchased by you will be identified during the ordering process.

Cardinal’s Services are limited to the preparation and delivery of an appraisal or valuation report based upon information available to Cardinal and the methodology identified in the applicable report.

Unless expressly identified as a separate Service purchased by you, Cardinal does not:

• negotiate or settle insurance claims;
• communicate or negotiate with an insurer on your behalf;
• make demands upon an insurer on your behalf;
• investigate liability or coverage;
• determine whether an insurer is legally obligated to pay a claim;
• provide advice concerning the legal rights or remedies available to you;
• represent you in any legal proceeding;
• provide legal advice or legal services; or
• act as your attorney or establish an attorney-client relationship with you.

You remain solely responsible for decisions concerning your insurance claim and for communicating with your insurer, unless you separately retain an attorney or other authorized representative to do so.

Nothing in these Terms or in any Service provided by Cardinal should be construed as creating an attorney-client relationship, an agency relationship for purposes of negotiating or settling an insurance claim, or any other professional relationship not expressly stated in these Terms.

2. Appraisal Services

2.1 ACV Appraisals. An ACV appraisal provides an opinion of the actual cash value of the subject vehicle as of the applicable valuation date, based upon the information, documentation, market data, methodology, assumptions, and limiting conditions identified in the appraisal report. An ACV appraisal does not constitute a determination of the amount an insurer is legally required to pay.

2.2 Diminished Value Appraisals. A DV appraisal provides an opinion concerning the diminished value of the subject vehicle following a loss, based upon the information, documentation, market data, methodology, assumptions, and limiting conditions identified in the appraisal report. A DV appraisal does not constitute a determination that an insurer is legally obligated to pay the amount stated in the appraisal.

2.3 No Guarantee of Outcome. Cardinal does not guarantee that:

• an insurer will accept any appraisal;
• an insurer will pay the value stated in an appraisal;
• an insurer will pay any amount for diminished value;
• an insurer will reimburse you for the cost of an appraisal;
• the appraisal will result in an increased settlement; or
• you will obtain any particular result from using a Cardinal appraisal.

The amount stated in an appraisal is an opinion of value, not a guarantee of recovery.

2.4 Scope of Appraisal. Cardinal’s appraisal is limited to the valuation question identified in the applicable report. Unless expressly stated otherwise in writing, Cardinal does not undertake to determine liability, insurance coverage, causation, repair responsibility, title status, mechanical condition beyond the scope of the inspection or documentation described in the report, or any legal issue concerning the claim.

3. Customer Information and Responsibilities

You are responsible for providing complete and accurate information reasonably requested by Cardinal in connection with the Services.

You represent and warrant that information, photographs, documents, repair records, vehicle information, and other materials supplied by you are accurate and authentic to the best of your knowledge.

Cardinal may rely upon information supplied by you and is not responsible for errors in an appraisal resulting from inaccurate, incomplete, misleading, or fraudulent information supplied by you or by a third party.

You agree to promptly notify Cardinal if you discover a material error in information supplied to Cardinal.

Cardinal may decline to prepare an appraisal or may suspend work if information necessary to complete the Service is unavailable, materially inconsistent, or reasonably appears to be inaccurate.

4. Appraisal Methodology and Professional Judgment

Cardinal’s appraisal conclusions are based upon the methodology, market information, assumptions, and limiting conditions identified in the applicable appraisal report.

Appraisal methodology necessarily involves professional judgment. Reasonable appraisers may reach different conclusions concerning the value of a particular vehicle.

The existence of a difference between Cardinal’s valuation and a valuation prepared by an insurer, another appraiser, dealer, auction service, or other person does not, by itself, establish that any valuation is erroneous.

Cardinal’s compensation is not contingent upon the value stated in an appraisal or upon the outcome of an insurance claim.

5. Customer Claim-Letter Template Service

If offered and purchased separately, Cardinal may provide a customer claim-letter template using information supplied by you and information contained in your appraisal.

The purpose of the template is to assist you in communicating directly with your insurer concerning your claim.

The letter is prepared for your use and is intended to be signed and submitted by you. Cardinal does not sign the letter on your behalf, submit it to your insurer, negotiate your claim, or communicate with your insurer concerning the claim.

The template is not legal advice and is not intended to determine:

• whether you have a legal claim;
• whether an insurer is legally obligated to pay a claim;
• what legal remedies may be available to you;
• whether litigation or an administrative complaint should be pursued; or
• what legal position you should take concerning your claim.

You are responsible for reviewing the letter before signing or sending it and for determining whether its contents accurately reflect your position.

You may consult an attorney of your choice concerning your claim or any communication with your insurer.

6. No Legal Advice

Nothing contained on the Website, in an appraisal report, in a claim-letter template, or in any other material or communication provided by Cardinal constitutes legal advice.

Cardinal does not provide legal services through the Website or through the Services.

Information concerning insurance claims, diminished value, actual cash value, appraisal procedures, statutes, regulations, court decisions, insurance practices, or other legal or quasi-legal subjects is provided solely for general informational purposes and for your own evaluation.

You should not rely upon information provided by Cardinal as a substitute for advice from an attorney or other qualified professional.

Laws and regulations may change, and their application depends upon the particular facts and circumstances of each matter.

7. Independence of Appraisal

Cardinal’s appraisal conclusions represent the independent professional judgment of the appraiser identified in the applicable appraisal report.

Neither the amount of the appraisal fee nor the amount of the valuation conclusion is contingent upon the outcome of an insurance claim.

Cardinal does not guarantee any particular valuation conclusion before an appraisal is completed.

Any relationships, affiliations, or business arrangements that Cardinal is required or elects to disclose will be identified in the applicable disclosure or these Terms.

8. Fees and Payment

Fees for Services are stated on the Website or during the ordering process and are due at the time of purchase unless otherwise agreed in writing.

Unless expressly stated otherwise, appraisal fees are flat fees and do not depend upon the value determined by Cardinal or the outcome of the customer’s insurance claim.

Fees paid for Services are consideration for the professional services provided by Cardinal and are not contingent fees.

Cardinal may use third-party payment processors. Your use of a third-party payment method may also be subject to the terms and privacy policies of the applicable payment processor.

9. Refunds and Cancellations

Because appraisal services may involve professional time, research, analysis, and preparation undertaken after an order is submitted, cancellation and refund rights may depend upon whether Cardinal has begun work on the Service.

Any cancellation or refund policy presented at the time of purchase is incorporated into these Terms.

Nothing in these Terms is intended to waive any non-waivable right to cancel or obtain a refund under applicable law.

If no separate refund policy applies, Cardinal may, in its discretion, provide a refund for a Service that has not yet been commenced. Once substantive work on an appraisal has begun, Cardinal may retain the portion of the fee reasonably attributable to work performed, subject to applicable law.

10. Delivery of Services

Appraisal reports and other materials may be delivered electronically through the Website, by email, through a customer account, or by another electronic method designated by Cardinal.

You are responsible for providing a current and accurate email address and for maintaining access to the email account or other delivery method you designate.

Electronic delivery constitutes delivery of the applicable Service.

11. Website Content

The Website and its contents, including text, graphics, photographs, logos, software, reports, forms, templates, methodologies, and other materials, are provided for informational and service-related purposes.

Cardinal attempts to keep Website information accurate and current but does not warrant that all information is complete, accurate, current, or applicable to your particular circumstances.

Cardinal may modify, suspend, discontinue, or restrict access to portions of the Website at any time.

12. Intellectual Property

The Website and its original content, software, designs, trademarks, service marks, logos, methodologies, forms, templates, and other materials are owned by Cardinal or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, Cardinal grants you a limited, non-exclusive, non-transferable right to use materials supplied to you as part of a purchased Service for your personal use in connection with the applicable vehicle or claim.

You may provide your completed appraisal report to your insurer, attorney, governmental agency, court, or other person for purposes reasonably related to your claim.

You may not reproduce, resell, redistribute, publish, modify, create derivative works from, commercially exploit, or provide Cardinal’s templates, methodologies, proprietary tools, or Website content to third parties except as expressly permitted by these Terms or by Cardinal in writing.

Nothing in this section prevents you from using your own appraisal report as reasonably necessary to pursue or evaluate your claim.

13. Privacy and Information Collection

Cardinal may collect information necessary to operate the Website and provide the Services, including information concerning customers, vehicles, claims, contact information, payment transactions, documents, photographs, communications, and Website usage.

Cardinal may use collected information to:

• provide and administer Services;
• communicate with customers;
• process payments;
• maintain customer records;
• improve Website functionality and Services;
• detect fraud, abuse, or security incidents;
• comply with legal obligations; and
• protect Cardinal’s rights and property.

Cardinal may use service providers to host the Website, process payments, store data, send communications, maintain software, or otherwise assist Cardinal in operating its business.

Cardinal will not sell customer personal information solely for monetary consideration unless permitted by applicable law and disclosed as required by law.

Cardinal may disclose information when reasonably necessary to comply with law, legal process, governmental requests, court orders, or to protect the rights, safety, and property of Cardinal, its customers, or others.

Your use of the Website may also be subject to Cardinal’s separate Privacy Policy, which is incorporated into these Terms by reference.

14. Cookies and Analytics

The Website may use cookies, local storage, analytics technologies, pixels, or similar technologies to maintain Website functionality, remember preferences, analyze Website usage, improve performance, and protect the Website.

Third-party service providers may use such technologies on Cardinal’s behalf.

You may be able to control certain cookies through your browser settings. Disabling cookies may affect Website functionality.

15. Third-Party Services and Links

The Website may contain links to or integrations with third-party websites, applications, databases, payment processors, valuation services, or other services.

Cardinal does not control and is not responsible for the content, availability, security, privacy practices, or accuracy of third-party services.

Your use of third-party services may be governed by the third party’s own terms and policies.

The inclusion of a link or integration does not constitute an endorsement or guarantee by Cardinal.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

CARDINAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RESULTS.

CARDINAL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CARDINAL DOES NOT WARRANT THAT AN APPRAISAL WILL BE ACCEPTED BY AN INSURER, COURT, ARBITRATOR, GOVERNMENTAL AGENCY, OR OTHER THIRD PARTY.

NOTHING IN THIS SECTION IS INTENDED TO EXCLUDE A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARDINAL APPRAISAL GROUP'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO CARDINAL FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARDINAL APPRAISAL GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, OR OTHER INDIRECT OR CONSEQUENTIAL LOSS, ARISING OUT OF OR RELATING TO THE WEBSITE, ANY SERVICE, ANY APPRAISAL, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF CARDINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, TORT, STATUTE, OR ANY OTHER THEORY OF LIABILITY. NOTHING IN THESE TERMS SHALL BE CONSTRUED TO LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED BY AGREEMENT.

FOR PURPOSES OF THIS SECTION, EACH SERVICE SHALL BE TREATED AS A SEPARATE TRANSACTION. LIABILITY ARISING FROM ONE SERVICE SHALL NOT BE AGGREGATED WITH FEES PAID FOR ANY OTHER SERVICE.

The limitations in this section apply regardless of the legal theory asserted, including contract, tort, negligence, professional negligence, statutory claims, or any other theory of liability, to the extent permitted by applicable law.

Nothing in these Terms limits liability to the extent that such limitation is prohibited by applicable law.

18. Customer Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Cardinal and its owners, members, managers, officers, employees, contractors, appraisers, agents, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• information or documents supplied by you that are inaccurate, incomplete, misleading, fraudulent, or unauthorized;
• your misuse of the Website or Services;
• your violation of these Terms; or
• your violation of another person’s rights.

This section does not require you to indemnify Cardinal for Cardinal’s own conduct to the extent such indemnification is prohibited by applicable law.

19. Release Concerning Insurance Claim Outcomes

You acknowledge that Cardinal does not control your insurer, the insurer’s claims personnel, the outcome of your claim, or the amount an insurer may offer or pay.

You agree that Cardinal is not responsible for an insurer’s decision to accept, reject, dispute, disregard, or partially accept an appraisal or claim.

Cardinal is likewise not responsible for your decision to accept, reject, negotiate, litigate, or otherwise pursue a claim.

20. Dispute Resolution; Governing Law; Venue

These Terms and any dispute, claim, or controversy arising out of or relating to the Website, Services, appraisal, or these Terms shall be governed by and construed under the laws of the State of Arizona, without regard to conflict-of-law principles.

Except to the extent federal law requires otherwise, any action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in a state court located in Maricopa County, Arizona, having subject-matter jurisdiction.

You and Cardinal consent to the personal jurisdiction and venue of those courts and waive any objection based upon inconvenient forum to the extent permitted by law.

This provision does not prevent either party from seeking temporary or preliminary equitable relief from a court having jurisdiction when necessary to protect its rights pending resolution of a dispute.

21. Attorneys’ Fees

In any action, proceeding, arbitration, or other judicial proceeding arising out of or relating to these Terms or the Services, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and taxable costs, in addition to any other relief to which the prevailing party may be entitled, to the extent permitted by applicable law.

For purposes of this section, “prevailing party” means the party that obtains a judgment or other final disposition substantially favorable to that party’s position.

22. Time Limit for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the Website, Services, or these Terms must be commenced within one year after the event giving rise to the claim, unless a longer period is required by applicable law.

Nothing in this section shortens a limitations period that cannot lawfully be shortened by agreement.

23. Electronic Communications and Signatures

You consent to receive communications from Cardinal electronically, including by email, Website notifications, and other electronic means.

You agree that electronic records, electronic acknowledgments, and electronic signatures satisfy any legal requirement that such communications or agreements be in writing or signed, to the extent permitted by applicable law.

Your electronic acceptance of these Terms constitutes your agreement to be bound by them.

24. Security

Cardinal takes reasonable measures designed to protect information submitted through the Website. However, no electronic transmission, storage system, or Internet connection can be guaranteed to be completely secure.

You acknowledge the inherent risks associated with transmitting information electronically.

You should not submit passwords, payment-card information except through designated secure payment mechanisms, or other sensitive information through unsecured Website fields.

25. User Conduct

You agree not to:

• use the Website for unlawful purposes;
• interfere with Website operation or security;
• attempt to obtain unauthorized access to Website systems or data;
• introduce malicious code or other harmful material;
• impersonate another person;
• submit information that you know to be false or misleading;
• use the Website to infringe another person’s intellectual-property or other rights; or
• copy, scrape, harvest, reproduce, or commercially exploit Website content except as expressly permitted by these Terms.

26. Suspension or Termination

Cardinal may suspend or terminate your access to the Website or Services if you violate these Terms, engage in unlawful or abusive conduct, or create a security or legal risk to Cardinal or others.

Termination does not affect provisions that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, attorneys’ fees, and governing law.

27. Force Majeure

Cardinal shall not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, governmental actions, labor disputes, telecommunications or Internet failures, power outages, cyberattacks, failures of third-party service providers, or other events beyond Cardinal’s reasonable control.

28. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

If a provision cannot lawfully be enforced as written, it shall be modified only to the extent necessary to make it enforceable while preserving its intended purpose to the maximum extent possible.

29. No Waiver

Cardinal’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of Cardinal’s right to enforce it later.

30. Assignment

You may not assign or transfer your rights or obligations under these Terms without Cardinal’s prior written consent.

Cardinal may assign these Terms in connection with a merger, acquisition, sale of substantially all of its assets, corporate reorganization, or similar transaction.

31. Entire Agreement

These Terms, together with any applicable order confirmation, Service-specific terms, Privacy Policy, refund policy, and other documents expressly incorporated into these Terms, constitute the entire agreement between you and Cardinal concerning the Website and Services and supersede prior or contemporaneous agreements concerning the same subject matter.

If a conflict exists between these Terms and a Service-specific written agreement signed by Cardinal, the Service-specific agreement controls with respect to that Service.

32. Modification of Terms

Cardinal may modify these Terms from time to time by posting revised Terms on the Website.

Changes will become effective on the stated effective date of the revised Terms.

Changes will not retroactively modify rights or obligations concerning a Service already purchased unless required by law or expressly agreed by the parties.

Your continued use of the Website after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.

33. Construction

The headings in these Terms are for convenience only and do not affect interpretation.

The words “including” and “include” mean “including without limitation.”

The singular includes the plural and vice versa where the context requires.

No provision of these Terms shall be construed against either party merely because that party or its counsel drafted the provision.

34. Customer Acknowledgment

By purchasing or using a Service, you acknowledge and agree that:

• Cardinal is providing an appraisal or other expressly identified Service and not legal advice;
• Cardinal does not negotiate or settle your insurance claim as part of its appraisal services;
• Cardinal does not guarantee that an insurer will accept or pay an appraisal;
• an appraisal is an opinion of value and not a guarantee of recovery;
• you are responsible for providing accurate information;
• you remain responsible for decisions concerning your insurance claim;
• you have had an opportunity to review these Terms before purchasing the Service; and
• you agree to the limitations, disclaimers, governing-law, venue, and attorneys’ fees provisions contained in these Terms.

By clicking “I Agree,” checking the applicable acceptance box, submitting an order, or otherwise affirmatively accepting these Terms, you acknowledge that you have read, understood, and agreed to these Terms of Service.

35. Contact Information

Questions concerning these Terms or the Services may be directed to:

Cardinal Appraisal Group

c/o The Craven Firm, PLLC

jeff@cravenfirm.com

480-582-1547