Terms and Conditions for The Diminished Pros

1. Description of Services

The Diminished Pros provides professional vehicle appraisal services to determine the inherent diminished value of a vehicle after it has been involved in an accident and subsequently repaired. Our services are intended to provide an independent, expert opinion of value loss to assist clients in the negotiation of insurance claims.

2. User Obligations

By using our Services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into a binding contract.
• You will provide accurate, complete, and truthful information required for the appraisal process, including but not limited to your personal details, vehicle identification number (VIN), accident reports, repair estimates, and photographs.
• The quality and accuracy of our final report (the "Appraisal Report") are directly dependent on the accuracy and completeness of the information you provide. We are not liable for inaccuracies in the Appraisal Report resulting from incorrect or incomplete information supplied by you.

3. Fees and Payment

• Payment: All fees for our Services are listed on our Website and must be paid in full before the delivery of your Appraisal Report, unless otherwise agreed upon in writing.
• Payment Processing: We use third-party payment processors to handle transactions. You agree to abide by the terms and conditions of these processors. We are not responsible for any errors or issues arising from the payment processor.
• Refund Policy:
  • A full refund will be issued if you cancel your order before our appraisers have begun work on your file.
  • Once we have commenced the appraisal process, no refunds will be issued. Our fees compensate us for the expert analysis and labor invested in creating your report.
  • No refund will be issued based on the outcome of your insurance claim or your level of satisfaction with the determined diminished value amount.

4. No Guarantee of Outcome

The Diminished Pros provides an expert opinion based on industry-standard methodologies. However, we make no representation, warranty, or guarantee regarding the outcome of your insurance claim.

• You acknowledge that the Appraisal Report is an evidentiary document to be used in your negotiations.
• The final settlement amount, if any, is determined solely by the insurance carrier and/or through legal proceedings.
• We do not guarantee that an insurance company will accept our report or offer any specific settlement amount.

5. Intellectual Property

• All content on the Website, including text, graphics, logos, and software, is the property of The Diminished Pros and is protected by copyright and other intellectual property laws.
• Upon full payment for our Services, you are granted a limited, non-exclusive, non-transferable license to use the Appraisal Report for your personal, non-commercial purpose of pursuing your insurance claim. You may not reproduce, distribute, sell, or otherwise exploit the Appraisal Report for any other purpose without our express written consent.

6. Disclaimers

• Not Legal Advice: We are automotive appraisal experts, not attorneys. The information provided on our Website and in our Appraisal Reports does not constitute legal advice. You should consult with a qualified attorney for advice regarding your specific legal situation.
• "As Is" Service: The Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

7. Limitation of Liability

To the fullest extent permitted by law, in no event shall The Diminished Pros, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising from:

• Your use of or inability to use the Website or Services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• The outcome of any insurance claim or legal proceeding in which our Appraisal Report was used.

Our total liability to you for any and all claims arising out of your use of our Services shall not exceed the amount you paid to us for the specific Service in question.

8. Indemnification

You agree to defend, indemnify, and hold harmless The Diminished Pros and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or from your violation of any term of these Terms.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Eagle County, Colorado to resolve any dispute or claim arising from these Terms.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms and Conditions on this page and updating the "Last Updated" date. Your continued use of the Website or Services after any such change constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: info@diminishedpro.com
• Phone: 970-930-1860
• Website: Diminishedpro.com