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Terms & Conditions

Last updated: 27 October, 2025

Services Agreement

This Services Agreement (the “Agreement”) is entered into between Confidly LLC, a Delaware limited liability company doing business as “SnapClaim”, (the “Company”), and you, the individual indicating their acceptance of these terms via our online platform and engaging with the services provided hereunder (the “Customer”, “you”, “yours”). By clicking “Generate Report,” you acknowledge that the Company’s valuation is informational only, based on third-party data and your provided information. The Company does not guarantee insurer acceptance or recovery amounts. Legal, consultation, and/or expert-witness services are not included in the appraisal fee. This Agreement includes and incorporates (i) the Terms and Conditions listed below (the “Terms”), (ii) the Company’s standard Terms and Conditions of Use which can be found on the Company’s website and may be updated from time to time (the “Terms of Use”), and (iii) the Company’s Privacy Policy which can be found on the Company’s website and may be updated from time to time (the “Privacy Policy”). Where a conflict exists between any of the above the Terms will control.

Terms and Conditions

1. PERMITTED USE

  1. 1.1 These Terms constitute a legally binding agreement between you, the Customer, and the Company governing your use of the Company’s digital tool and any related content or services (the “Services”).
  2. 1.2 By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. The Company may amend the Terms related to the Services from time to time. Amendments will be effective upon the Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
  3. 1.3 The Company reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or Company’s website. The Customer should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. ARBITRATION AGREEMENT.

  1. 2.1 By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against the Company in binding arbitration as set forth in this Arbitration Agreement. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and the Company are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court.
  2. 2.2 Covered Disputes. You and the Company agree that any dispute, claim, or controversy arising in the State of Colorado relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with your use of the Services, regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless of whether you allege that the personal injury or death was experienced by you or anyone else; and (iv) your relationship with the Company, will be settled by binding individual arbitration between you and the Company, and not in a court of law. This Arbitration Agreement survives after your relationship with the Company ends.
  3. 2.3 Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (a) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; or (b) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  4. 2.4 Rules. Binding arbitration will be administered by an arbitrator selected by the Company (the “Arbitrator”) in accordance with that Arbitrator’s rules (the “Rules”) in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The arbitration shall take place in a location in the State of Colorado agreed upon by the parties.
  5. 2.5 Governing Law. The dispute will be governed by the laws of the State of Colorado, in accordance with the Rules.
  6. 2.6 Process. Pre-Arbitration Dispute Resolution and Notification. The parties agree that, before either party demands arbitration against the other, they will meet and confer, in person or remotely, in a good-faith effort to informally resolve any claim covered by this Arbitration Agreement. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify the Company write to [email protected] providing your name, telephone number, and a description of your claim. Engaging in an informal dispute resolution conference is a condition that must be fulfilled prior to commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference.
  7. 2.7 Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by Section 2.6, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2.4. A party initiating an arbitration against the Company must send the written demand for arbitration to [email protected].

Services Agreement

This Services Agreement (the “Agreement”) is entered into between Confidly LLC, a Delaware limited liability company doing business as “SnapClaim”, (the “Company”), and you, the individual indicating their acceptance of these terms via our online platform and engaging with the services provided hereunder (the “Customer”, “you”, “yours”). By clicking “Generate Report,” you acknowledge that the Company’s valuation is informational only, based on third-party data and your provided information. The Company does not guarantee insurer acceptance or recovery amounts. Legal, consultation, and/or expert-witness services are not included in the appraisal fee. This Agreement includes and incorporates (i) the Terms and Conditions listed below (the “Terms”), (ii) the Company’s standard Terms and Conditions of Use which can be found on the Company’s website and may be updated from time to time (the “Terms of Use”), and (iii) the Company’s Privacy Policy which can be found on the Company’s website and may be updated from time to time (the “Privacy Policy”). Where a conflict exists between any of the above the Terms will control.

Terms and Conditions

1. PERMITTED USE

  1. 1.1 These Terms constitute a legally binding agreement between you, the Customer, and the Company governing your use of the Company’s digital tool and any related content or services (the “Services”).
  2. 1.2 By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. The Company may amend the Terms related to the Services from time to time. Amendments will be effective upon the Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
  3. 1.3 The Company reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or Company’s website. The Customer should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. ARBITRATION AGREEMENT.

  1. 2.1 By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against the Company in binding arbitration as set forth in this Arbitration Agreement. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and the Company are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court.
  2. 2.2 Covered Disputes. You and the Company agree that any dispute, claim, or controversy in arising in the State or Colorado relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with your use of the Services, regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless of whether you allege that the personal injury or death was experienced by you or anyone else; and (iv) your relationship with the Company, will be settled by binding individual arbitration between you and the Company, and not in a court of law. This Arbitration Agreement survives after your relationship with the Company ends.
  3. 2.3 Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (a) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; or (b) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  4. 2.4 Rules. Binding arbitration will be administered by an arbitrator selected by the Company (the “Arbitrator”) in accordance with that Arbitrator’s rules (the “Rules”) in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The arbitration shall take place in a location in the State of Colorado agreed upon by the parties.
  5. 2.5 Governing Law. The dispute will be governed by the laws of the State of Colorado, in accordance with the Rules.
  6. 2.6 Process. Pre-Arbitration Dispute Resolution and Notification. The parties agree that, before either party demands arbitration against the other, they will meet and confer, in person or remotely, in a good-faith effort to informally resolve any claim covered by this Arbitration Agreement. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify the Company write to [email protected] providing your name, telephone number, and a description of your claim. Engaging in an informal dispute resolution conference is a condition that must be fulfilled prior to commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference.
  7. 2.7 Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by Section 2.6, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2.4. A party initiating an arbitration against the Company must send the written demand for arbitration to [email protected].

3. SERVICES AND SUPPORT

  1. 3.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer with access to the Company’s online platform that enables users to generate vehicle valuation reports, including diminished value, fair market value, and total loss estimates. Certain reports may be reviewed or certified by independent automotive experts, (collectively the “Services”) in accordance with the terms hereof. As part of the onboarding process, Customer will identify the administrative username(s) and password(s) for Customer’s Company account(s). Company reserves the right to refuse or reset passwords it deems inappropriate or not sufficiently secure.
  2. 3.2 The Services are limited to providing automated valuation reports and related digital tools. Consultation, legal advice, claim negotiation, or expert testimony are not included and must be covered by a separate written agreement and fee.
  3. 3.3 The Company’s valuation methodology relies on verified third-party market data sources. The Company does not warrant the accuracy, completeness, or availability of any external data and is not responsible for third-party errors or omissions.
  4. 3.4 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the Company’s standard practices.

4. APPRAISAL CERTIFICATION AND LIMITING CONDITIONS

  1. 4.1 The Company’s valuation methodology is standardized and reviewed by qualified industry experts to ensure compliance with recognized standards of vehicle appraisal. Each report represents an independent professional opinion based on the information and data available at the time of generation.
  2. 4.2 The Company relies on Customer-provided data and third-party information; inaccuracies may affect results. The Company has no financial interest in the subject vehicle or claim outcome. The report does not guarantee acceptance by insurers, attorneys, or courts and should not be relied upon as legal or financial advice. The valuation reflects market conditions at the time of generation and may change thereafter. Post-report services such as consultation, expert testimony, or report revisions require a separate written agreement.
  3. 4.3 Reports are provided for informational purposes only. They are not official insurance appraisals, legal opinions, or guarantees of value or recovery. The Company is not a law firm, insurer, or licensed appraiser of record. The Company uses a valuation methodology and software that are reviewed and certified by independent, licensed appraisers holding relevant credentials.

5. RESTRICTIONS AND RESPONSIBILITIES

  1. 5.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (the “Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
  2. 5.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (including the Terms of Use, Privacy Policy, and Standard Operating Procedures) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
  3. 5.3 Customer is solely responsible for the accuracy and completeness of all data entered into the platform, including VIN, mileage, repair documentation, photos, and claim information. The Company shall not be liable for any errors, omissions, or inaccuracies in Customer-provided data.
  4. 5.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, the “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account(s), password(s) (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

6. CONFIDENTIALITY; PROPRIETARY RIGHTS

  1. 6.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer is limited to non-public data provided by Customer to Company to enable the provision of the Services (the “Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law.
  2. 6.2 Customer shall own all right, title and interest in and to the Customer Data, additionally subject to payment of applicable fees outlined in Section 7 of this Agreement, the Customer is granted a non-exclusive, non-transferable license to use the generated report for personal or internal business use. The Customer may not resell, reproduce, distribute, or modify the report without written authorization.
  3. 6.3 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with support, and (c) all intellectual property rights related to any of the foregoing.
  4. 6.4 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom) in accordance with the Privacy Policy, and Company will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
  5. 6.5 Both parties hereby grant to the other party the right to use their name, likeness, identity, trademarks, and trade symbols, for the purposes of fulfilling this Agreement. Customer hereby grants Company a limited license to use Customer’s logo and name for branding and marketing purposes, including displays on Company’s website.

7. PAYMENT OF FEES

  1. 7.1 Customer will pay Company the then-applicable fees, which will be presented and agreed to by the Customer via the platform at the time of purchase, for the Services in accordance with the terms therein (the “Fees”). Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at any time upon thirty (30) days’ prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.
  2. 7.2 The Customer may, from time to time, receive discount pricing based on volume that may result in different amounts charged for the same or similar Services. The Customer acknowledges that such discounts are each one-time offers and shall have no bearing on future pricing or the possibility of other one-time discount offers. Discount offers are subject to modification or revocation at any time and without notice.
  3. 7.3 Under this Agreement, “Appraisal Fee” means the specific fee paid in exchange for the report generated by the Services.
  4. 7.4 Company may choose to bill through an invoice or an online payment portal. Customer will pay Fees in full within fourteen (14) days of receipt of the invoice unless otherwise requested by Company. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collections. If the Customer does not pay the Fees in full within thirty (30) days of receiving the invoice or other method of Fee notification, the result will be an immediate termination of Services. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.
  5. 7.5 Once a report is successfully generated and delivered, all fees become non-refundable, unless (a) a technical issue prevents successful report generation; or (b) the Customer provides all required documentation, acts in good faith, and is unable to recover at least an additional $1,000 from their insurer using the report; in the event of either 7.4(a) or (b) the Company will refund the appraisal fee, provided the refund request is submitted within sixty (60) days from the appraisal date.
  6. 7.6 Company may choose to bill through an invoice or an online payment portal. Customer will pay Fees in full within fourteen (14) days of receipt of the invoice unless otherwise requested by Company. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collections. If the Customer does not pay the Fees in full within thirty (30) days of receiving the invoice or other method of Fee notification, the result will be an immediate termination of Services. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

8. TERM AND TERMINATION

  1. 8.1 Subject to earlier termination as provided below, the term of this Agreement is for the duration of the provision of Services specified at the time of purchase, and shall be automatically renewed for additional periods of the same duration each time the Customer uses or purchases additional Services.
  2. 8.2 The Company, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. If you have paid for any Services that have not been rendered at the time of termination by the Company, Company will provide a refund net of any Fees still outstanding.
  3. 8.3 In addition to any other remedies it may have, either party may also terminate this Agreement upon fourteen (14) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided.
  4. 8.4 The provisions of Sections 2 (Arbitration Agreement), 5 (Restrictions and Responsibilities), 6 (Confidentiality; Proprietary Rights), 8 (Term and Termination), 9 (Warranty and Disclaimer), 10 (Limitation of Liability), and 11 (Miscellaneous), of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

9. WARRANTY AND DISCLAIMER

  1. 9.1 Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. 9.2 Customer acknowledges and agrees that the Company does not warrant that valuations or estimates will be accepted by insurers, courts, or third parties, nor does it guarantee any recovery outcome.
  3. 9.3 Customer acknowledges and agrees that independent experts or appraisers may contribute to report reviews or certifications and as such their professional opinions are their own, and the Company shall not be liable for their statements, testimony, or outcomes in litigation.

10. LIMITATION OF LIABILITY

  1. 10.1 Customer acknowledges and agrees that Company is only willing to provide the Services if Customer agrees to certain limitations of liability to the Customer and third parties. Therefore, Customer agrees not to hold Company, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, the “Liabilities” ) that have arisen or may arise, relating to Customer’s or any other party’s use of or inability to use the Services, including without limitation any Liabilities arising in connection with: the conduct, act or omission of any other third party using the Services; any dispute with any other third party using the Services; any instruction, advice, act, or service provided by Company; reliance upon any information, reports, or data presented by the Services; and any destruction of Customer’s generated content.
  2. 10.2 UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, PLATFORM, OR THE CONTENT ON THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, PLATFORM, OR THE CONTENT ON THE PLATFORM IS TERMINATION OF THE SERVICES.
  3. 10.3 Customer may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to Customer, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to Customer.
  4. 10.4 COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN ITS CUSTOMERS AND THEIR USERS OR END CUSTOMERS. COMPANY ALSO DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BETWEEN CUSTOMER AND THEIR USERS OR END CUSTOMERS.
  5. 10.5 IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO COMPANY FOR THE SPECIFIC REPORT GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

11. MISCELLANEOUS

    1. 11.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
    2. 11.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent.
    3. 11.3 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, except the Terms of Use and Privacy Policy.
    4. 11.4 Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
    5. 11.5 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
    6. 11.6 Attorneys’ Fees. If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.
    7. 11.7 Governing Law. This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Any disputes shall be resolved exclusively in the state or federal courts of Colorado.
    8. 11.8 Waiver. The waiver of any breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of the same other provisions hereof.

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