Terms & Conditions of Use

Version 2026-10-18 · Last updated: October 18, 2026

PLEASE READ THESE TERMS CAREFULLY.

These Terms & Conditions of Use contain a binding arbitration agreement and a class-action waiver (Section 21) that affect how disputes between you and SecondAppraisal are resolved. By accepting these Terms, you agree to resolve disputes through individual arbitration and you waive your right to a jury trial and to participate in a class action, except where you opt out as described in Section 21.7 or pursue a claim in small-claims court.

1. Acceptance of these Terms

These Terms & Conditions of Use (“Terms”) are a legally binding agreement between you (“you,” “your,” or “Customer”) and SecondAppraisal Inc. (“SecondAppraisal,” “we,” “us,” or “our”). They govern your access to and use of the SecondAppraisal website, its subdomains, and all related pages, features, content, tools, communications, and services (together, the “Service”).

By accessing or using the Service in any way — including browsing the website, using any free tool, starting a consultation, creating an account, or purchasing services — you agree to be bound by these Terms, our Privacy Policy, and our Legal Disclaimer, each incorporated by reference. If you do not agree to these Terms, do not use the Service.

Where we present a checkbox, button, or similar mechanism asking you to agree to these Terms, checking that box or clicking that button is your electronic signature and your affirmative acceptance of these Terms as of that moment.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for users located in the United States and concerns U.S. motor-vehicle insurance claims. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.

3. Who we are; nature of the Service

SecondAppraisal is an independent vehicle-appraisal company. We provide a professional, independent opinion of a vehicle’s actual cash value and related consulting support to vehicle owners (policyholders) who have received a total-loss settlement offer from an insurance company. The Service is not, and does not provide:

  • Legal services or legal advice. SecondAppraisal is not a law firm and our personnel are not your attorneys. Nothing in the Service creates an attorney-client relationship, and communications with us are not protected by attorney-client privilege. See our Legal Disclaimer.
  • Insurance, or insurance advice. We are not an insurance company, agent, or broker, and we do not sell, adjust, or administer insurance.
  • A guarantee of any outcome. Our work is advisory and informational in nature (see Section 7).

We are independent of every insurance company, and we are not affiliated with, endorsed by, or acting on behalf of any insurer. When you appoint us, we are your appraiser under the policy. The two appraisers decide the amount of loss on the evidence, and we keep you informed and consult you before an umpire is engaged. Where any service would require a license in your jurisdiction that we do not hold, we will not provide that service there.

4. Definitions

  • “Content” means all text, graphics, images, reports, data, software, and other materials available through the Service.
  • “Customer Materials” means documents, photographs, vehicle and claim information, and other materials you submit.
  • “Reports” means the preliminary valuations, valuation reports, and appraisal research documents we prepare.
  • “Consultation” means an engagement in which you ask us to evaluate your total-loss claim and, where we agree, to prepare Reports and to serve as your appointed appraiser under your policy’s appraisal clause.

5. Accounts and registration

To use certain features you must create an account. You agree to:

  • provide accurate, current, and complete information and keep it updated;
  • maintain the confidentiality and security of your account credentials;
  • accept responsibility for all activity under your account; and
  • notify us immediately at support@secondappraisal.com of any unauthorized use.

6. Description of services and deliverables

Depending on the engagement, the Service may include:

  • a free appraisal consultation — a preliminary valuation used to screen whether we can assist;
  • appraisal research — comparable-vehicle research and market analysis documented in a written work product;
  • the Appointed Appraiser Service — serving as your appointed appraiser under your policy’s appraisal clause once you invoke it: we prepare the evidence and documentation, determine the amount of loss with your insurer’s appointed appraiser, take any disagreement to an umpire, and deliver the appraisal award letter;
  • written work product (for example, our appraisal research document) delivered in PDF or similar format as part of the services above; and
  • where offered, a Garage Hub Membership — a per-vehicle membership, paid by a recurring membership fee, that gives you access to the Appraisal Research and the Appointed Appraiser Service above for a vehicle you register by VIN, on the terms in Section 8 (“Garage Hub Membership”).

We may use independent contractors and third-party data sources to perform the Service, and we may modify, add, or discontinue features as described in Section 24.

7. No guarantee of outcome; how the guarantee works

Results vary, and we do not and cannot guarantee any specific outcome, settlement amount, increase, timeline, or success. Any statistics, averages, ranges, testimonials, or examples shown on the website describe past results of other customers, are not a promise or prediction about your claim, and should not be relied upon as a guarantee. Your results depend on facts outside our control, including the condition of your vehicle, your policy language, applicable law, the quality of available evidence, and the decisions of your insurer.

The “minimum guarantee.” Where we advertise a minimum-additional-value guarantee (for example, “At least $1,000 more, or your fee is waived”), it operates as follows and only as follows:

  • Before we agree to serve as your appraiser, our review finds whether the evidence supports a value at least the advertised minimum above your insurer’s offer. We offer the Appointed Appraiser Service only where our review finds that it does. That finding is our professional opinion, not a promise about the outcome.
  • What counts toward the minimum. Additional settlement value is measured against your insurer’s offer at the time we accept your consultation, and includes any increase your insurer offers after you invoke the appraisal clause — whether the result is an appraisal award (the amount of loss determined by our appraiser and your insurer’s appointed appraiser, or by an umpire) or a raised offer directly from your insurer to you (insurers frequently improve their offer once the clause is invoked, before or instead of appointing their own appraiser).
  • If we serve as your appraiser and the result, an appraisal award or a raised offer, is less than that minimum above your insurer’s offer, your fee is waived in full. Your share of an umpire’s fee, if one is needed, is separate (Section 8).
  • The guarantee is a fee waiver and is not a payment, refund of other amounts, cash guarantee, or promise that your insurer will pay any particular amount. The specific terms in effect when we accept your consultation control, and we will communicate them before you incur any fee.
  • The guarantee applies only to the Appointed Appraiser Service, in which we serve as your appraiser. It does not apply to research-only (Appraisal Research) purchases, which are billed at the time of purchase regardless of the outcome of your claim (see Section 8).

8. Fees, payment authorization, and billing

Free intake. Your appraisal consultation — our preliminary valuation of your claim — is free.

Service fee. If we agree to serve as your appraiser, our fee for the Appointed Appraiser Service is a flat fee, shown on our Pricing page and disclosed to you before any charge (currently $495). It covers our Appraisal Research, our appointment as your appraiser under your policy’s appraisal clause, determining the amount of loss with your insurer’s appointed appraiser, and the appraisal award letter. It is not billed by the hour, and it does not rise with the amount of the award or the settlement.

What the service fee does not cover. The service fee does not include:

  • your share of an umpire’s fee, if an umpire is needed (most policies split the umpire’s fee between you and your insurer);
  • a photo dispatch (a photographer we send to document your vehicle), if we offer one and you choose it;
  • the fees of anyone else you hire, such as an attorney or a public adjuster; and
  • your own costs, such as towing, storage, a rental vehicle, or loan payments while your claim is open.

Any of these that we provide has a separate fee that we will disclose and that you must agree to before it is performed.

Appraisal Research (research-only) engagements. In some cases we may offer you the option to purchase our Appraisal Research — the comparable-vehicle research and market analysis described in Section 6 — as a standalone professional research service, at the price disclosed to you at checkout. The following terms govern research-only purchases:

  • Professional research service. A research-only engagement is a human professional research service; the written research document is work product delivered as part of that service.
  • Informational opinion of value. The research expresses an independent, informational opinion of your vehicle’s market value as of its report date, based on the evidence cited in it. It is not a guarantee, prediction, or assurance of any settlement amount, award, or other outcome, and the minimum guarantee described in Section 7 does not apply to research-only purchases.
  • No insurer obligation. Research alone does not obligate your insurer to respond, re-evaluate, or change any offer. Formal mechanisms such as the appraisal clause in your policy are separate from, and are not invoked by, a research-only purchase.
  • No appraiser appointment. A research-only purchase does not appoint us as your appraiser, does not authorize us to deal with your insurer about your claim, and does not create an Appointed Appraiser Service engagement.
  • Payment. The research fee (plus any customer-collected transaction tax separately disclosed before authorization) is charged in full at the time of purchase, regardless of the outcome of your claim, and this Section’s refund terms apply.
  • Credit toward the Appointed Appraiser Service. If you later engage us as your appointed appraiser on the same claim, the research fee you paid is credited in full toward the service fee for the Appointed Appraiser Service.
  • Liability cap. To the maximum extent permitted by law, and without limiting Section 19, our total liability arising out of or relating to a research-only engagement is limited to the research fee you actually paid for it.

Authorization and timing. After we agree to take on your consultation, we ask you to authorize payment by securely saving a payment method with our payment processor (a card pre-authorization). There is no upfront payment. We do not charge your payment method until the fee is earned as described below, and only in the amount disclosed to you, subject to the fee waiver in Section 7.

When the fee is earned. For the Appointed Appraiser Service, once you invoke the appraisal clause and designate us as your appraiser, our service fee is earned when your total-loss claim resolves for at least the advertised minimum additional value (Section 7) over your insurer’s offer at the time we accepted your consultation — whether the result is an appraisal award (the amount of loss determined by our appraiser and your insurer’s appointed appraiser, or by an umpire) or your insurer increasing its offer directly to you after the clause was invoked. If your claim does not resolve for at least the minimum additional value, your fee is waived in full as described in Section 7.

No recurring charges for consultations. A consultation is not a subscription. We do not enroll you in any recurring or auto-renewing charge for a consultation. The only recurring charge we offer is a membership you choose to join, on the terms below (“Garage Hub Membership”).

Payment processing. Payments are processed by a third-party payment processor (currently Stripe), subject to the processor’s terms and privacy policy. We do not store full payment-card numbers.

Taxes. We may collect transaction taxes from you only when legally required and will separately disclose them before authorization. Taxes imposed on SecondAppraisal as the seller or service provider—including Washington Business & Occupation tax—are our responsibility and are not separately stated or collected from you.

Disputes and chargebacks. If you believe a charge is incorrect, contact us at support@secondappraisal.com within 60 days so we can resolve it. Initiating a chargeback without first contacting us is a breach of these Terms; we reserve the right to contest chargebacks we believe are improper and to recover associated costs.

Refunds. Except where required by law or expressly stated in writing (including the fee waiver in Section 7), fees for services already performed are non-refundable.

Garage Hub Membership. Where we offer it, the Garage Hub Membership is a membership, not insurance. It is a recurring membership fee, charged per registered vehicle, that gives the member access to our Appraisal Research and the Appointed Appraiser Service when that vehicle is declared a total loss. We are not an insurance company; the membership does not insure any vehicle or loss, we never pay any amount to a member on account of a loss, and we do not guarantee any settlement or result. The following terms apply:

  • Registered vehicle. A membership applies to exactly one vehicle, identified by its Vehicle Identification Number (VIN) as you register it. You may pay for a membership before you give us the VIN; the vehicle is registered, and the membership applies to it, only once you add its VIN and it is accepted. A vehicle that has been the subject of a total-loss consultation with us cannot be registered. When you register a vehicle, you confirm that it has not been in an accident in the period shown when you join (currently the three months before you register it) that was, or may be, declared a total loss. We may check the vehicle’s title history before accepting the registration, and we will not register a vehicle whose title history shows a total loss in that period. If we cannot register the vehicle you give us, you may register a different vehicle or cancel the membership for a full refund of what you paid for it, provided no vehicle was ever registered to that membership.
  • Changing the registered vehicle. You may change the registered vehicle on a membership to another vehicle from your account. The new vehicle must meet the same conditions as any vehicle you register, and you confirm the same things about it. From the time of the change, the vehicle it replaces is no longer registered, and the new vehicle’s eligibility date is set as if it were newly registered (currently thirty days after the change). A change does not restart the membership year: a member consultation used earlier in that membership year counts for the new vehicle. You may not change the vehicle while a member consultation is open for it. To add another vehicle instead, register it under its own membership, with its own fee.
  • What is included. In each membership year (the twelve months beginning on the date the membership starts and each anniversary), one member consultation for the registered vehicle: Appraisal Research and, where the policy’s appraisal clause is available, the Appointed Appraiser Service, on the same terms as for any customer except the minimum guarantee, with its service fee included in the membership. The minimum guarantee in Section 7 does not apply to a consultation the membership pays for. It applies when you pay the service fee yourself, for example for a date of loss before the eligibility date. What the service fee does not cover (above) is billed separately. If an umpire is needed, you owe your side’s share of the umpire’s fee. We bill it at exactly what the umpire charges, and all of it goes to the umpire.
  • When you are eligible. The member consultation is available only for a date of loss on or after the eligibility date shown when you register the vehicle (currently thirty days after it is registered) and only while the membership is active on that date of loss (including a short grace period after a failed renewal payment). A vehicle registered after a loss is not eligible for that loss.
  • Recurring fee; automatic renewal. The membership fee is charged in advance at the interval you choose (monthly or annually) and renews automatically at the then-current fee until you cancel. The fee and the renewal date are shown before you pay and in your account. We will give you notice before a material change to the fee; changes apply to renewals after the notice, not to a period you have already paid for.
  • Introductory free period. We may offer a membership that starts with a free period, for example as a thank-you. When we do, the length of the free period, the membership fee that follows it, and the date of the first charge are shown before you give us a payment method, and no membership fee is charged during the free period. Unless you cancel before the free period ends, the membership then renews automatically at the fee and interval (monthly or annually) you chose, as described above. We will send you a reminder before the first charge. You may cancel online from your account at any time during the free period, and if you do, you will not be charged. The free period is part of your first membership year: the eligibility date and the member consultation work as described above. A free period is offered once per customer.
  • Cancellation. You may cancel at any time from your account or by contacting us; the membership stays in force through the end of the period you have already paid for and does not renew after that. Fees for the current period are non-refundable except where required by law.
  • Lapse. If a renewal payment fails and is not cured within the grace period, the membership lapses and the registered vehicle is no longer eligible; you may join again, and the eligibility period starts fresh.
  • Through a partner. Where your lender or GAP administrator includes the membership fee in its own product, that institution — not you — pays us the membership fee, and your rights under this Section are the same. Where a lender or GAP administrator arranged your membership (whether it pays the fee or you pay a price it sets), we share the status and outcome of your member consultation with that institution, such as your insurer’s initial offer, the appraised value, and the final settlement.

9. Your responsibilities and representations

You agree that you will, and you represent and warrant that:

  • you will provide accurate, current, and truthful information about yourself, your vehicle, and your insurance claim;
  • you are the owner of the vehicle at issue, or an authorized representative, and are authorized to engage us and submit the Customer Materials;
  • you have the right to submit all Customer Materials and that doing so does not violate any third party’s rights or any law;
  • you will not use the Service for any fraudulent, unlawful, or improper purpose, or submit false or misleading information;
  • you will cooperate reasonably and promptly during the consultation; and
  • you will not misrepresent our Reports, advice, or role to your insurer, any tribunal, or any third party.

You are solely responsible for your own decisions, including whether to accept or reject any insurance settlement offer.

10. Authorization and scope of engagement

By engaging us for a Consultation, you authorize us to analyze your claim, prepare Reports, and prepare materials and provide guidance to assist you in communicating with your insurer about your vehicle’s value. When you invoke the appraisal clause and appoint us, we serve as your independent appraiser under the policy, not as your legal representative, insurance adjuster, or attorney. The scope of any engagement is limited to the services we expressly agree to provide.

11. Customer Materials; license you grant us

You retain ownership of your Customer Materials. You grant SecondAppraisal a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and use the Customer Materials as necessary to provide and improve the Service, to prepare and deliver Reports, and as described in our Privacy Policy. You represent that you have all rights necessary to grant this license. We retain Customer Materials and records of the engagement in accordance with our Privacy Policy and our legal and recordkeeping obligations.

12. Intellectual property

The Service, the Content, and the Reports (excluding your Customer Materials), including all text, graphics, logos, designs, and software, are owned by SecondAppraisal or its licensors and are protected by intellectual-property laws. The “SecondAppraisal” name and logo are our trademarks.

When you have paid for a Report, we grant you a limited, non-exclusive, non-transferable license to use that Report for your own personal, non-commercial purposes in connection with your insurance claim. You may not otherwise copy, modify, distribute, sell, license, or create derivative works from the Service, the Content, or the Reports, and you may not resell or redistribute third-party data except as permitted by the applicable third party.

13. AI and automated processing

We use artificial-intelligence and other automated tools (for example, to read and extract data from uploaded insurer reports and to help generate draft valuation content and analysis). AI-generated output can contain errors, omissions, or inaccuracies. Reports reflect our professional opinion and are subject to human review, but the Service, including any AI-assisted output, is provided without a warranty of accuracy and is not a substitute for your own judgment or for professional advice. You should review all Reports and not rely on any single number as a definitive statement of value.

14. Communications and electronic consent (E-SIGN)

You consent to receive communications from us electronically, including by email, SMS/text message (where you separately opt in), in-app messages, and, where applicable, telephone or automated/AI-assisted calls (where you separately consent). You agree that electronic communications, agreements, notices, disclosures, and records satisfy any legal requirement that such communications be in writing, consistent with the federal E-SIGN Act and similar state laws. To start a free appraisal consultation you press a clearly labeled consent button, presented directly beneath a combined contact-consent disclosure, authorizing us to contact you about that consultation by email, text, and phone (support calls may be recorded). Text messaging specifically is not required: you may decline SMS by not providing a mobile number, and you may reply STOP at any time to stop texts without affecting your consultation or any purchase. Providing a mobile number and pressing the consent button is how you opt in to the service texts described below.

Call recording. Where you consent (for example, by pressing the consent button during sign-up), you agree that we may record, monitor, and store telephone calls with you — including voicemails and automated or AI-assisted calls — for quality assurance, training, dispute resolution, and recordkeeping. We will also identify recording at the start of a call where required by law. Some states require all parties to a call to consent to recording; by consenting here and by continuing a call after any recording notice, you provide that consent. You may decline recording on any given call, in which case we may be unable to continue that call by phone and will follow up through another channel.

With your separate permission, which you give by checking an unchecked box the first time you sign in and which is never a condition of buying anything, SecondAppraisal may call or text you at the number on your account about its own other products and services, including with prerecorded or artificial-voice messages and voicemails. We never sell your number or share it for anyone else’s marketing, and you can withdraw that permission at any time, in any reasonable way, such as by replying STOP to any text from us or by emailing support@secondappraisal.com.

By providing your phone number and consenting to receive SMS messages, you agree to receive the following types of text messages from SecondAppraisal:

Verification Codes

One-time passwords (OTP) for account login and identity verification.

Your SecondAppraisal verification code is: 847291. This code expires in 10 minutes.

Login Codes

Secure codes sent when you request to log in via SMS.

SecondAppraisal: Your login code is 293847. Enter this code to verify your identity. Expires in 10 min.

Photo Upload Links

Secure links to upload vehicle photos for your consultation.

SecondAppraisal: Please upload photos of your vehicle damage using this secure link: https://secondappraisal.com/upload/abc123. This link expires in 24 hours. Reply STOP to opt out.

Consultation Updates

Status updates about your appraisal consultation progress.

SecondAppraisal: Great news! Your consultation #SA-12345 has been updated. Log in to view your appraisal results: https://secondappraisal.com/consulting. Reply STOP to opt out.

Support & Reminders

Helpful reminders and responses to your support inquiries.

SecondAppraisal: Reminder - we're still waiting for photos of your vehicle. Upload them here to continue your consultation: https://secondappraisal.com/upload/abc123. Reply STOP to opt out.

How You Opt-In

Users explicitly opt-in to receive SMS messages through the following process:

  1. Visit https://secondappraisal.com and click “Get Started” or “Start Your Consultation”
  2. Enter your contact information including phone number in the consultation wizard
  3. Press the clearly labeled consent button rendered directly beneath the combined contact-consent disclosure shown below. When you provide a phone number, pressing that button is how you opt in to the service text messages above; you can decline SMS by not providing a phone number and can reply STOP to opt out at any time
  4. Upon opting in, a confirmation SMS is sent immediately and consent is timestamped and stored in our database

Consent Disclosure (Exact Language):

By continuing, I agree to let SecondAppraisal contact me about my consultation by email, text, and phone (support calls may be recorded). Msg & data rates may apply. Reply STOP to opt out anytime.

Continue

Consent is never pre-selected. The disclosure renders directly above the continue button, and pressing the button is the explicit act of consent — a single combined contact consent covering email, text, and phone (support calls may be recorded); when you provide a phone number, pressing it is how you opt in to the service text messages above. You can decline SMS by not providing a phone number and can reply STOP to opt out at any time.

Message Frequency & Rates

  • Message frequency varies based on your account activity and consultation status
  • Message and data rates may apply depending on your mobile carrier
  • Check with your carrier for details about your text messaging plan

How to Opt-Out

You can stop receiving SMS messages at any time using any of these methods:

  • Reply STOP to any message (also accepts: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, REVOKE)
  • Reply HELP for assistance and support information
  • Update your preferences in your account settings
  • Email us at support@secondappraisal.com

After opting out, you will receive one confirmation message and no further texts. To start texts again, text START or UNSTOP to the number you stopped. Note that opting out may affect your ability to receive important verification codes and consultation updates.

Carrier Liability & Privacy

  • Carriers are not liable for any delayed or undelivered messages.
  • We do not sell, share, or disclose your phone number or SMS opt-in consent data to any third parties for any purpose, except as required by law.
  • All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
  • For full details on how we handle your data, see our Privacy Policy.

15. Third-party services and links

The Service relies on, and may link to, third-party services and data sources (for example, payment processing, authentication, communications delivery, storage, and vehicle/market data providers). We are not responsible for the availability, accuracy, content, or practices of third parties. Your use of a third-party service may be governed by that party’s terms and privacy policy.

16. Prohibited conduct

You agree not to:

  • use the Service in violation of any law or these Terms;
  • submit false, fraudulent, or infringing information or materials;
  • attempt to gain unauthorized access to the Service or other users’ accounts or data;
  • interfere with or disrupt the Service or its infrastructure, including via scraping, automated data collection, denial-of-service activity, or malware;
  • reverse engineer or attempt to extract source code except as permitted by law; or
  • use the Service or Reports to provide competing services or to resell our Content or third-party data.

17. Confidentiality and no privilege

We treat your Customer Materials and consultation information as confidential and handle them in accordance with our Privacy Policy. However, because we are not a law firm, communications with us are not protected by attorney-client privilege or the work-product doctrine and may be discoverable in litigation. Do not send us materials you wish to keep privileged.

18. Disclaimer of warranties

To the fullest extent permitted by law, the Service, the Content, and the Reports are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that the Service, Content, or Reports are accurate, complete, current, or reliable. We do not warrant or guarantee any particular outcome. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

19. Limitation of liability

To the fullest extent permitted by law, SecondAppraisal and its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, under any legal theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid to SecondAppraisal in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless SecondAppraisal and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your Customer Materials; (c) your breach of these Terms or your representations in Section 9; (d) your violation of any law or any third party’s rights; or (e) any misrepresentation by you to your insurer or any third party. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with us.

21. Dispute resolution; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

21.1 Informal resolution first. Before starting an arbitration or other proceeding, you and SecondAppraisal agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief sought to support@secondappraisal.com (we will send ours to your contact information on file). The parties will attempt in good faith to resolve the dispute for 60 days after the notice is received. If unresolved, either party may proceed under this Section 21.

21.2 Agreement to arbitrate. Except for the carve-outs in Section 21.5, you and SecondAppraisal agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (including their formation, interpretation, breach, or termination) will be resolved by final and binding individual arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.

21.3 Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms, in English. Unless the parties agree otherwise, any in-person hearing will take place in the U.S. county where you reside; claims may also be resolved by telephone, video, or document submission where the rules allow.

21.4 Arbitration costs. The allocation of filing, administrative, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. To the extent those rules require SecondAppraisal to bear certain fees for consumer claims, we will do so.

21.5 Carve-outs. This arbitration agreement does not require arbitration of: (a) claims that qualify for small-claims court (so long as the matter stays there and proceeds individually); or (b) claims for injunctive or other equitable relief to address actual or threatened infringement, misappropriation, or violation of intellectual property rights. Either party may also bring an individual action in court to compel arbitration or enforce an award.

21.6 Class-action and jury-trial waiver. To the fullest extent permitted by law, you and SecondAppraisal each waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in court, while the remainder proceeds in arbitration.

21.7 Right to opt out. You may opt out of this arbitration agreement (Sections 21.2–21.6) by sending written notice to support@secondappraisal.com within 30 days after you first accept these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you want to opt out of arbitration. Opting out will not affect any other part of these Terms.

21.8 Severability. If any portion of this Section 21 (other than the class-action waiver, addressed in 21.6) is found unenforceable, that portion will be severed and the remainder will continue to apply.

21.9 Survival. This Section 21 survives termination of these Terms and your relationship with SecondAppraisal.

22. Governing law and venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Utah, without regard to its conflict-of-law rules, and by applicable U.S. federal law (including the Federal Arbitration Act). For any dispute not subject to arbitration and not brought in small-claims court, you and SecondAppraisal consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah.

23. Termination and suspension

You may stop using the Service at any time. We may suspend or terminate your access or your account, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or for operational, legal, or security reasons. Sections that by their nature should survive termination (including Sections 7–9, 11–13, and 17–25) will survive.

24. Changes to the Service and to these Terms

We may modify or discontinue the Service at any time, and we may update these Terms from time to time. When we make changes, we will update the “Version” and “Last updated” date above and post the revised Terms; for material changes we will use reasonable efforts to provide additional notice (for example, a notice on the website or by email). Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Service.

25. General

  • Entire agreement. These Terms, with the Privacy Policy, Legal Disclaimer, and any terms expressly agreed for a specific service, are the entire agreement regarding the Service and supersede prior agreements on that subject.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in force, and the unenforceable provision will be enforced to the maximum extent permitted.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, reorganization, or sale of assets.
  • Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
  • Relationship. Nothing creates a partnership, joint venture, agency (except the limited authorization in Section 10), or employment relationship.
  • Notices. We may give notice via the contact information associated with your account or by posting on the website.

26. State-specific notice (California)

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs using the contact information published by that agency. This notice is provided for compliance purposes and does not expand our obligations under these Terms.

27. Contact

SecondAppraisal Inc.

Email: support@secondappraisal.com

Privacy requests: privacy@secondappraisal.com

Website: https://secondappraisal.com

By using SecondAppraisal, or by checking a box or clicking a button indicating your agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions of Use, including the binding arbitration agreement and class-action waiver in Section 21.