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Legal

Terms of Service and Privacy Policy for Midwest Estimating LLC

Effective Date: March 10, 2026

1. Acceptance of Terms

By accessing or using the website midwestestimating.net (the "Website"), operated by Midwest Estimating LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Website.

These Terms apply to all visitors, users, and others who access or use the Website, including but not limited to insurance carriers, policyholders, public adjusters, independent adjusters, attorneys, and any other party utilizing our services. Please review our Privacy Policy for information on how we collect, use, and protect your personal information.

2. Description of Services

Midwest Estimating LLC provides professional insurance dispute resolution services, including:

  • Insurance Appraisal Services: Comprehensive property damage assessments, Xactimate estimates, scopes of loss, on-site inspections, and impartial negotiation for insurance claim disputes.
  • Umpire Services: Unbiased oversight and resolution of insurance appraisal panel proceedings, including mediation between opposing appraisers.
  • Consulting Services: Expert consultation on insurance claims, damage assessments, and dispute resolution processes.

The Website serves as an informational resource about our services. It is not intended to provide insurance advice, legal advice, or establish an attorney-client or adjuster-client relationship through browsing alone.

3. Service Area and Licensing

Midwest Estimating LLC operates primarily across Michigan, Indiana, Illinois, Ohio, and Missouri. Our appraisers are IAUA Certified and our inspectors are HAAG Certified. Services provided outside these states may be available upon request and subject to applicable state licensing requirements.

4. Consent to Electronic Communications

By providing your email address through our contact form or in connection with our services, you consent to receive electronic communications from us, including responses to your inquiries, service-related updates, invoices, engagement letters, and other communications related to the services you have requested or engaged. You may withdraw your consent to receive non-essential electronic communications at any time by contacting us using the information provided in Section 20 of these Terms.

5. Payment Portal and Payment Terms

The Website includes a secure payment portal accessible via unique access codes provided on invoices or engagement letters. By using the payment portal, you agree to the following:

  • Access codes are confidential and intended for use only by the designated recipient. You are responsible for safeguarding your access code and shall not share it with unauthorized third parties.
  • Payment processing is handled by a third-party payment processor. Your payment information is transmitted directly to and processed by the payment processor and is not stored on our servers. The payment processor's own terms of service and privacy policy govern the processing of your payment data.
  • All payments are due according to the terms specified in your invoice or engagement agreement.
  • You are responsible for ensuring the accuracy of all payment information you provide.

6. Refund and Cancellation Policy

Fees for services rendered are generally non-refundable once the work has been performed, including but not limited to completed inspections, appraisals, or umpire proceedings. If you wish to cancel an engagement prior to the commencement of work, please contact us as soon as possible. Cancellation terms, including any applicable cancellation fees, are governed by the specific engagement agreement, retainer letter, or service contract applicable to your engagement. In the event of a billing dispute, please contact us within thirty (30) days of the payment date so that we may work with you to resolve the matter.

7. User Conduct

When using the Website, you agree not to:

  • Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local law.
  • Submit false, misleading, or fraudulent information through the contact form or payment portal.
  • Attempt to gain unauthorized access to the payment portal, any user accounts, or any portion of the Website not intended for public access.
  • Interfere with or disrupt the Website or servers or networks connected to the Website.
  • Use any automated system, including bots, scrapers, or spiders, to access the Website.
  • Share access codes provided for the payment portal with unauthorized third parties.

8. Intellectual Property

All content on the Website, including text, graphics, logos, the Midwest Estimating name and logo, images, and software, is the property of Midwest Estimating LLC or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written consent.

9. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MIDWEST ESTIMATING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Information provided on the Website is for general informational purposes only and should not be construed as professional insurance advice, legal advice, or a substitute for consultation with qualified professionals.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDWEST ESTIMATING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

11. Indemnification

You agree to indemnify, defend, and hold harmless Midwest Estimating LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Website; (b) your violation of these Terms; or (c) your violation of any third-party rights.

12. Third-Party Services

The Website utilizes third-party services for payment processing, bot protection (Cloudflare Turnstile), website hosting (GoDaddy), and analytics. These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the practices or content of third-party service providers. Your use of any third-party service is at your own risk.

13. Professional Services Disclaimer

The information provided on the Website, including descriptions of insurance appraisal and umpire services, is for general informational purposes only. It does not constitute professional insurance advice, legal advice, or a guarantee of specific outcomes. Each insurance claim and appraisal is unique, and results may vary based on the specific circumstances of your claim. Engagement of our professional services is governed by separate engagement agreements, retainer letters, or service contracts.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us and attempt to resolve any dispute informally. Upon receiving your written notice of a dispute, we will make good-faith efforts to resolve the matter within thirty (30) days. Written notice of a dispute should be sent via the contact information provided in Section 20 of these Terms.

14.2 Mediation

If a dispute cannot be resolved informally within thirty (30) days, either party may propose non-binding mediation before a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

14.3 Litigation

If a dispute cannot be resolved through informal resolution or mediation, it shall be resolved exclusively in the state or federal courts located in the State of Michigan. You consent to the personal jurisdiction of such courts.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

16. Force Majeure

Midwest Estimating LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events, acts of God, fire, flood, earthquake, pandemic, epidemic, government actions or orders, war, terrorism, civil unrest, labor disputes, power failures, internet or telecommunications outages, or failure of third-party service providers. In the event of a force majeure occurrence, our obligations shall be suspended for the duration of the event, and we will use reasonable efforts to resume performance as soon as practicable.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on the Website with a revised "Effective Date." Your continued use of the Website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

18. General Provisions

18.1 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18.2 Waiver

The failure of Midwest Estimating LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Midwest Estimating LLC.

18.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction.

18.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Midwest Estimating LLC regarding your use of the Website. These Terms do not alter or supersede any separate engagement agreements, retainer letters, or service contracts you may have with Midwest Estimating LLC for professional services.

19. Accessibility

Midwest Estimating LLC is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing any part of our Website, please contact us and we will work to provide the information or service you need in an accessible format.

20. Contact Information

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

Midwest Estimating LLC
Website: midwestestimating.net
Contact: Via the Contact Us form on our Website

Effective Date: March 10, 2026

1. Introduction

Midwest Estimating LLC ("Company," "we," "us," or "our") operates the website midwestestimating.net (the "Website"). This Privacy Policy describes how we collect, use, disclose, and protect your personal information when you visit our Website or use our services. We are committed to protecting your privacy and handling your data in an open and transparent manner.

By using our Website, you consent to the data practices described in this Privacy Policy. If you do not agree with the practices described herein, please do not use our Website.

2. Information We Collect

2.1 Information You Provide Directly

We collect personal information that you voluntarily provide to us through our Website, including:

  • Contact Form: When you submit a message through our Contact Us form, we collect your full name, email address, phone number (optional), the subject of your inquiry, and message content.
  • Payment Portal: When you use our payment portal, you enter an access code to authenticate. Payment card information (credit or debit card numbers, expiration dates, and security codes) is collected and processed directly by our third-party payment processor and is not stored on our servers.

2.2 Information Collected Automatically

When you visit our Website, certain information is collected automatically through cookies, server logs, and analytics tools, including:

  • Usage Data: Pages visited, time spent on pages, referring website addresses, click patterns, and other browsing behavior.
  • Device Information: Browser type and version, operating system, screen resolution, device type, and language preferences.
  • Network Information: IP address and general geographic location (city/region level, not precise location).

2.3 Cookies and Tracking Technologies

Our Website uses cookies and similar tracking technologies. The following table describes the types of cookies we use:

Cookie Type Provider Purpose
Strictly Necessary Cloudflare Bot protection via Cloudflare Turnstile on the contact form. These cookies are essential for security and cannot be disabled. Includes __cf_bm and cf_clearance tokens.
Analytics GoDaddy (WSIMG) Website traffic analytics provided by our hosting platform to understand visitor behavior, page views, and site performance.
Functional Website Session management and user preferences to ensure the Website functions properly during your visit.

You can control cookie preferences through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. Disabling strictly necessary cookies may affect the functionality of our contact form.

3. Legal Basis for Processing Your Information

We process your personal information based on the following legal grounds:

Legal Basis Application
Consent When you voluntarily submit your information through our contact form or use our payment portal, you are providing consent for us to process that information for the stated purposes.
Contractual Necessity Processing is necessary to fulfill our obligations under engagement agreements, retainer letters, or service contracts for appraisal, umpire, or consulting services.
Legitimate Interests We have a legitimate interest in operating and improving our Website, ensuring security, and communicating with users who have contacted us. We balance these interests against your privacy rights.
Legal Obligation We may process and retain certain information to comply with tax, accounting, and financial record-keeping requirements under applicable law.

4. How We Use Your Information

We use the information we collect for the following purposes:

Purpose Details
Respond to Inquiries To respond to your contact form submissions and communicate with you about your questions or service needs.
Process Payments To facilitate secure payment processing through our third-party payment processor for services rendered.
Provide Services To deliver the insurance appraisal, umpire, and consulting services you have engaged us for.
Improve the Website To analyze usage patterns and improve the functionality, content, and user experience of our Website.
Security To protect against unauthorized access, fraud, spam, and other security threats using tools such as Cloudflare Turnstile.
Legal Compliance To comply with applicable laws, regulations, and legal processes, including tax and financial reporting obligations.

5. How We Share Your Information

We do not sell, rent, or trade your personal information to third parties. We may share your information in the following limited circumstances:

  • Service Providers: We share information with third-party service providers who assist us in operating our Website and conducting our business, including our payment processor (for transaction processing), GoDaddy (website hosting and analytics), and Cloudflare (security and bot protection). These providers are contractually obligated to use your information only to perform services on our behalf and are prohibited from using it for their own purposes.
  • Professional Services Parties: In the course of providing appraisal or umpire services, claim-related information (such as property details, claim numbers, damage assessments, and contact information for involved parties) may be shared with opposing appraisers, insurance carriers, policyholders, or their legal representatives as necessary to facilitate the dispute resolution process. Personal contact information is shared only to the extent required for the engagement.
  • Legal Requirements: We may disclose your information if required by law, court order, subpoena, or other legal process, or if we believe in good faith that disclosure is necessary to protect our rights, your safety, the safety of others, investigate fraud, or respond to a government request.
  • Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction. We will notify you via prominent notice on our Website of any change in ownership or use of your personal information.

6. Data Security

We implement reasonable administrative, technical, and physical security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. These measures include HTTPS/TLS encryption for all data transmitted between your browser and our Website, secure third-party payment processing that is PCI-DSS compliant, Cloudflare security services for DDoS protection and bot mitigation, and access controls limiting who within our organization can access personal information. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

7. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected. Specific retention periods are as follows:

Data Type Retention Period Reason
Contact form submissions 3 years from submission Business relationship and follow-up
Payment records 7 years from transaction IRS tax and financial record-keeping requirements
Engagement/service records 7 years from completion Professional liability and legal compliance
Website analytics data 26 months Website performance analysis
Security logs 12 months Security monitoring and incident investigation

When personal information is no longer needed for the purposes described above, we will securely delete or anonymize it.

8. Your Rights and Choices

Depending on your location, you may have certain rights regarding your personal information:

  • Right to Access: You may request a copy of the personal information we hold about you.
  • Right to Correction: You may request that we correct inaccurate or incomplete personal information.
  • Right to Deletion: You may request that we delete your personal information, subject to certain exceptions required by law (such as records we are required to retain for tax or legal compliance).
  • Right to Opt-Out: You may opt out of receiving promotional communications from us by following the unsubscribe instructions in any such communication or by contacting us directly.
  • Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights. You will not receive different pricing, a different level of service, or be denied services for exercising your rights.
  • Cookie Controls: You can manage cookie preferences through your browser settings. Most browsers allow you to refuse cookies, delete existing cookies, or alert you when cookies are being sent. Disabling strictly necessary cookies may affect the functionality of the Website.

8.1 How to Submit a Request

To exercise any of these rights, please contact us using the contact information provided in Section 15 of this Privacy Policy. When submitting a request, please provide sufficient information for us to verify your identity, including your full name and email address associated with your inquiry or engagement. We may request additional information to confirm your identity before processing your request. We will not fulfill a request if we cannot verify that the person making the request is the person about whom we collected information or someone authorized to act on their behalf.

8.2 Response Timelines

We will respond to your data subject request within the following timeframes:

  • Acknowledgment: We will acknowledge receipt of your request within ten (10) business days.
  • Substantive Response: We will provide a substantive response within forty-five (45) calendar days of receiving your verifiable request.
  • Extension: If we require additional time due to the complexity or volume of requests, we will notify you of the extension and the reason within the initial forty-five (45) day period. The total response time will not exceed ninety (90) calendar days.

9. State-Specific Privacy Rights

9.1 California Residents (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

Categories of Personal Information Collected: In the preceding twelve (12) months, we have collected the following categories of personal information: identifiers (name, email address, phone number, IP address); internet or electronic network activity (browsing history, pages visited, search queries on our Website); and commercial information (payment records, services engaged).

Sources of Personal Information: We collect personal information directly from you (contact form submissions, payment portal usage), automatically through your use of the Website (cookies, analytics), and from third-party service providers (hosting and security platforms).

Business Purposes for Collection: We collect personal information for the business purposes described in Section 4 of this Privacy Policy, including responding to inquiries, processing payments, providing professional services, improving our Website, ensuring security, and legal compliance.

Categories of Third Parties: We share personal information with the categories of third parties described in Section 5, including service providers (payment processor, GoDaddy, Cloudflare) and professional services parties (in the context of appraisal and umpire engagements).

Sale or Sharing of Personal Information: We do not sell your personal information as defined under the CCPA/CPRA. We do not share your personal information for cross-context behavioral advertising purposes.

Your California Privacy Rights: As a California resident, you have the right to: (a) know what personal information we collect, use, and disclose; (b) request deletion of your personal information; (c) request correction of inaccurate personal information; (d) opt out of the sale or sharing of personal information (though we do not sell or share your information); (e) limit the use of sensitive personal information; and (f) not be discriminated against for exercising your rights.

To exercise your California privacy rights, contact us using the information in Section 15. You may designate an authorized agent to make a request on your behalf by providing written authorization.

9.2 Other State Privacy Laws

Residents of other states with comprehensive privacy laws (including Virginia, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, and others) may have similar rights, including the right to access, correct, delete, and opt out of certain processing of personal information. If you are a resident of a state with applicable privacy legislation, please contact us to exercise your rights. We will process your request in accordance with the applicable state law.

10. Do Not Track Signals

Some web browsers transmit "Do Not Track" (DNT) signals to the websites you visit. There is currently no universally accepted standard for how websites should respond to DNT signals. At this time, our Website does not respond to or alter its practices when it receives a DNT signal. We will continue to monitor developments in DNT technology and update our practices if a uniform standard is established.

11. Data Breach Notification

In the event of a data breach that compromises the security, confidentiality, or integrity of your personal information, we will notify affected individuals and applicable regulatory authorities in accordance with applicable state and federal law. Michigan's Identity Theft Protection Act and other applicable state breach notification laws require notification when certain types of personal information are compromised. We will provide notification as required by law, which may include the nature of the breach, the types of information involved, steps we are taking to address the breach, and recommendations for protecting yourself.

12. Children's Privacy

Our Website and services are directed to businesses and professionals involved in insurance disputes and are not intended for individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us using the information in Section 15 and we will take steps to delete such information promptly.

13. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not operated by us. We are not responsible for the privacy practices of these third parties and encourage you to review their privacy policies. The primary third-party services integrated with our Website include:

  • Cloudflare: Security, DDoS protection, and bot protection (Turnstile). Privacy policy available at cloudflare.com/privacypolicy.
  • GoDaddy: Website hosting and analytics. Privacy policy available at godaddy.com/legal/agreements/privacy-policy.
  • Payment Processor: Our third-party payment processor handles all payment card transactions. Their privacy and security practices are governed by their own policies and PCI-DSS compliance requirements.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or regulatory guidance. Any changes will be posted on this page with an updated "Effective Date." For material changes that significantly affect how we handle your personal information, we will provide prominent notice on our Website. We encourage you to review this Privacy Policy periodically. Your continued use of the Website after any changes constitutes your acceptance of the updated Privacy Policy.

15. Contact Information

If you have any questions about this Privacy Policy, wish to exercise your privacy rights, or have concerns about our data practices, please contact us:

Midwest Estimating LLC
Website: midwestestimating.net
Contact: Via the Contact Us form on our Website

We aim to respond to all privacy-related inquiries within ten (10) business days.

Midwest Estimating
© 2026 Midwest Estimating LLC. All rights reserved.
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