CLAIM SERVICES AND INSURANCE CLAIM AGREEMENT THIS AGREEMENT ALSO INCLUDES, AMONG AND OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 13 BELOW FOR MORE INFORMATION. This Claim Preparation Service and Insurance Claim Sale Agreement ("Agreement") is entered into between you ("You" or "Insured"), and C-Setter, Inc. d/b/a ClaimSetter, a Delaware Corporation with its principal place of business at Keene, NH ("ClaimSetter" and collectively with Insured, the "Parties"). In consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1.Definitions. (a)Claim Preparation Service means the preparation and submission of an insurance claim by ClaimSetter on behalf of Insured pursuant to this Agreement. (b)Claim Purchase Service means the service through which ClaimSetter will agree to purchase a Covered Claim from Insured pursuant to this Agreement. (c)Accepted Claim means a Covered Claim that ClaimSetter purchases pursuant to the Claim Purchase Service. (d)Contractor means a construction professional that repairs the Covered Property in the event of loss or damage covered by the Insurance Policy. (e)Covered Claim means a claim of damage to the Covered Property the Insurer agrees is covered by the Insurance Policy. (f)Covered Property means any property owned by the Insured that is covered by the Insurance Policy. (g)Insurer means the insurance company that provides the Insurance Policy. (h)Insurance Policy means the insurance policy issued by Insurer to Insured for the Covered Property with the address, policy number, and effective dates listed at the end of this Agreement. (i)Potential Claim means a claim of loss or damage to the Covered Property for which the Insured seeks payment from the Insurer pursuant to the Insurance Policy. 2.Claim Preparation Service. (a)Upon ClaimSetter’s receipt from Insured of a notice of a Potential Claim, ClaimSetter will decide in its sole discretion whether the Potential Claim is eligible for the Claim Preparation Service. Insured agrees to timely provide ClaimSetter with any information that ClaimSetter may request in order to evaluate the Potential Claim. (b)ClaimSetter will review the materials and documentation submitted by Insured to determine whether ClaimSetter will provide the Claim Preparation Service. ClaimSetter will notify the Insured of its decision as to Claim Preparation Service for the Potential Clam within two business days of receiving all requested information from the Insured via the e-mail provided by Insured to ClaimSetter. ClaimSetter reserves the right to decline to prepare and finance the Insured's claim for any reason or no reason and Insured has no claim against ClaimSetter for a declination decision. (c)If ClaimSetter agrees to provide the Claim Preparation Service, ClaimSetter will prepare and submit Insured's Potential Claim to the Insurer, including preparing a loss report and recovery project proposal to Insurer based on information obtained from Contractor(s), if any, and Insured. ClaimSetter will determine the scope of work for its Claim Preparation Service in consultation with Insured or with Contractor, but in no event will it spend more than what, in ClaimSetter’s exclusive determination, it deems reasonable. ClaimSetter relies entirely on the Insured and the Contractor(s), if any, to provide full information about the loss or damage to the Covered Property as well as assisting with claims from third parties, including mortgage companies. ClaimSetter will not and cannot conduct its own investigation for purposes of preparing a claim. (d)ClaimSetter makes no guarantee that Insurer will approve any claim prepared using its Claim Preparation Service. ClaimSetter disclaims any and all responsibility for payment to Insured or to Insured's Contractor for any claim for which the Insurer denies coverage. Except to the extent required by ClaimSetter's status when acting as power of attorney for Insured in the express capacity as set forth in section 9 of this Agreement or in a separate power of attorney form provided by ClaimSetter and executed by Insured, ClaimSetter is not an insurer, insurance adjuster, fiduciary, or legal counsel for Insured. Insured acknowledges and agrees that ClaimSetter accepts no responsibility if Insurer declines to approve any claim prepared using the Claim Preparation Service. (e)Insured agrees that if permitted by the Insurance Policy, ClaimSetter may seek reimbursement from the Insurer for the Claim Preparation Service, and Insured shall have no right to such funds. Insured agrees to provide any necessary assistance requested by ClaimSetter to obtain such reimbursement. (f)Insured agrees to sell to ClaimSetter all claims prepared by ClaimSetter on Insured's behalf as described in Paragraph 3, "Claim Purchase Service." 3.Claim Purchase Service. (a)Insured offers to sell Insured's Covered Claim to ClaimSetter in exchange for ClaimSetter's agreement to pay one or more Contractor(s) to repair the Covered Property. Insured offers to sell a Covered Claim to ClaimSetter regardless of whether ClaimSetter prepared or submitted the Potential Claim. ClaimSetter reserves the right to decline to purchase any claim or only purchase a portion of a Potential Claim. All sales must be accompanied by a valid and fully executed Assignment of Benefits on a form prepared and provided by ClaimSetter or otherwise approved by ClaimSetter in writing. (b)If ClaimSetter accepts such offer to purchase a Covered Claim, the Parties thereby complete the sale, assignment and transfer of the relevant Covered Claim to ClaimSetter as absolute owner of the proceeds of that Covered Claim. Once purchased by ClaimSetter, the Covered Claim is an Accepted Claim. The Parties shall, at all times, treat the purchase of a Covered Claim by ClaimSetter as a purchase by ClaimSetter and a sale by Insured for all purposes. (c)For any Accepted Claim, Insured will: (i) if requested by ClaimSetter, obtain and receive confirmation from third parties, including insured's mortgage company or companies, if any, that the claim can be sold to ClaimSetter, (ii) use Insured's best efforts in assisting ClaimSetter in implementing this Agreement with third parties, including but not limited to Insured's mortgage company or companies, (ii) not be entitled to collect or receive any amount in connection with such Accepted Claim, (iii) hold the entirety of any documentation or payment on such Accepted Claim which may come into Insured's possession or control (even if such payment is payable to Insured) in trust for the benefit of ClaimSetter, and promptly deliver to ClaimSetter all such documentation and payments (and endorse any payment which is payable to Insured), and (iv) not hinder, delay or interfere with any payment of such Accepted Claim or any terms thereof. Insured will immediately inform ClaimSetter of any inquiries, complaints, correspondence or other communications regarding any aspect of an Accepted Claim. ClaimSetter reserves the right to instruct Insured regarding how to respond to an inquiry from the Insurer, Insured's mortgage company or their designees or to assume control from Insured for responding to such an inquiry. (d)ClaimSetter reserves the right to not pay the proceeds of an Accepted Claim to Contractor or Contractor's suppliers pursuant to this Agreement until Insured completes any actions required by Insurer in connection with an Accepted Claim. (e)ClaimSetter may purchase an Accepted Claim either on its own or in concert with a third party chosen by ClaimSetter in its sole discretion. (f)In the event that ClaimSetter receives more money from the Insurer than it pays to the Contractor(s) with respect to an Accepted Claim, ClaimSetter will remit the overage to Insured or refund it to Insurer at ClaimSetter’s discretion unless otherwise specified in the Insurance Policy. (g)During the term of this Agreement, ClaimSetter has a right of first refusal with respect to any Covered Claim such that Insured will not sell, or offer for sale, any claim to any person unless ClaimSetter has declined to purchase the claim after a reasonable period of time. (h)Notwithstanding anything to the contrary, ClaimSetter, in its sole and absolute discretion, will determine whether or not to purchase a Covered Claim, and ClaimSetter will under no circumstances be liable to Insured for ClaimSetter’s failure or refusal to purchase a Covered Claim or any portion thereof. (i)A sale to ClaimSetter is a non-recourse transaction and it is not a loan. However, ClaimSetter reserves the right to seek reimbursement from Insured for funds paid to a Contractor in connection with an Accepted Claim for which the Insurer finds that the Insured filed the claim fraudulently or otherwise engaged in fraudulent conduct, if Insured breached its agreement with Insurer, or otherwise violated the law in connection with the Insurance Policy or the claim. To the extent that the Insurer or ClaimSetter finds that Insured engaged in conduct covered by this Section 3(i), Insured will be immediately liable to ClaimSetter for any losses suffered by ClaimSetter as the result. 4.Assignment of Insurance Benefits. (a)Insured hereby agrees to assign to ClaimSetter all Insurance Benefits for Accepted Claims. The assignment of benefits from the Insured to ClaimSetter shall be in accordance with the form set forth at Appendix A or as otherwise provided by in writing from ClaimSetter. (b)If Insured has previously assigned the benefits for its claim to anyone other than ClaimSetter, Insured will assist ClaimSetter in obtaining an assignment of benefits from that person. ClaimSetter will not transmit the Insured's assignment of benefits unless and until there is an Accepted Claim. 5.Contractor Selection and Approval. (a)For an Accepted Claim, Insured will select a Contractor from ClaimSetter's pre-approved list of partner Contractors or will obtain approval from ClaimSetter to engage a Contractor of its choosing that is not on the list. ClaimSetter will only approve contractors selected by Insured that are licensed, insured, and bonded and satisfy other prerequisites that ClaimSetter may from time-to-time impose in its own exclusive discretion. (b)For Accepted Claims, ClaimSetter will pay the Contractor on a schedule mutually agreed upon by the Contractor and ClaimSetter in a written work order prepared by Contractor. The schedule will be shared with the Insured and will include dates for the Contractor to submit a report of the work completed, for the Insured to review and approve the Contractor's work report, and for ClaimSetter to pay the Contractor. The Insured's failure to respond to the request to review the Contractor's work within two business days will be deemed an approval such that ClaimSetter will pay the Contractor and Insured will waive all rights to prevent ClaimSetter from making a payment to Contractor. (c)Insured acknowledges that ClaimSetter is not a Contractor and is not responsible for any contracting work performed or not performed on the Covered Property by a Contractor and Insured waives any and all claims against ClaimSetter for work performed or not performed by a Contractor. 6.General Representations, Warranties, and Covenants.Insured represents, warrants, and covenants that at all relevant times: (a)Insured has a valid Insurance Policy on the Covered Property and has timely paid all premiums due per the terms of the Insurance Policy. (b)The Covered Property is owned by the Insured. (c)Insured's execution, delivery, and performance of this Agreement does not and will not breach any other agreement to which it is a party and does not require the consent of any third party. (d)Insured is solvent. (e)Insured has not waived any rights, terms, or conditions of the Insurance Policy and neither the Insured nor the Insurer has waived, altered, modified or amended in any respect the Insured's rights and obligations under the terms of the Insurance Policy; and (f)Insured is not engaged in any litigation, mediation, or arbitration whatsoever with respect to the Insurer or its agent(s), and neither has threatened the other in writing with any litigation, mediation, or arbitration. 7.Representations, Warranties, and Covenants as to Covered Claims. Insured represents, warrants, and covenants the following as to any Covered Claim it offers for sale to ClaimSetter: (a)The Covered Claim is not contingent in any respect for any reason and constitutes a legal, valid, binding and unconditional payment obligation of the Insurer, is fully enforceable against such Insurer for the amount of the Covered Claim, and is not subject to any defense, counterclaim, recoupment, discount, adjustment or right of setoff or rescission, except to the extent that enforceability may be limited by Debtor Relief Laws and general principles of equity; (b)There are no conditions precedent to the enforceability or validity of the Covered Claim that have not been satisfied or waived; (c)Insurer owing such Covered Claim has no bona fide claim against Insured; (d)The Covered Claim is not the subject of an existing dispute between the Insurer and Insured; (e)There are no legal proceedings existing, pending or, to the knowledge of Insured, threatened against or affecting Insured, which materially and adversely affects or could affect the validity or enforceability of such Covered Claim; (f)The Insured has provided all necessary documentation to Insurer for Insurer to pay the amount of the Covered Claim to ClaimSetter; (g)The sale of such Covered Claim from Insured to ClaimSetter complies with Applicable Law, ClaimSetter is not a lender and the purchase of a Covered Claim is not a loan, and such Covered Claim has not been originated in, and, as of any date of determination, is not subject to the laws of, any jurisdiction under which the sale, transfer, assignment, setting over, conveyance or pledge of such Covered Claim would be unlawful, void or voidable; (h)Immediately prior to the sale of the Covered Claim to ClaimSetter, Insured is the sole owner of such receivable and has good and marketable title to the Covered Claim, and has the right to assign, sell and transfer such Covered Claim to ClaimSetter free and clear of any lien, pledge, charge, claim, security interest or other encumbrance. Insured has not sold, assigned or otherwise transferred or conveyed any right or interest in or to such Covered Claim, has not pledged such Covered Claim as collateral for any debt or other purpose, nor has Covered Claim authorized the filing of, or aware of the filing of, any financing statements against Covered Claim that include a description of collateral covering any portion of such Covered Claim; (i)Upon purchase by ClaimSetter: (i) except as otherwise provided in this Agreement, the Insured's ownership of each Covered Claim becomes the sole property of ClaimSetter, (ii) Insured's sale and assignment of such Covered Claim shall pass Insured's legal and equitable title in the Covered Claim to ClaimSetter, and (iii) ClaimSetter will have the right to assign, sell, transfer and pledge such Covered Claim to any person without limitation; (j)Insured has not induced, solicited or knowingly received or contracted to receive any advance of funds from a party other than the Insurer with respect to such Covered Claim, directly or indirectly, for the payment of any amount required for the related Claim; (k)No consents or approvals are required by the terms of the Insurance Policy for the consummation of the sale, transfer or assignment of such Covered Claim or the rights and duties of the holder of the Covered Claim, and such Covered Claim is not subject to any restriction on the ability of the holder of the Covered Claim to exercise its rights; (l)Such Covered Claim is not and will not become subject to a defense or claim in recoupment or setoff asserted against ClaimSetter; (m)Such Covered Claim and the Insurer are not subject to or restricted by any receivership, insolvency or bankruptcy proceeding; (n)Insured has not received any notice of (i) actual or imminent bankruptcy insolvency or material impairment of the financial condition of Insurer or (ii) actual or threatened litigation regarding the validity or enforceability of the Covered Claim; (o)The Covered Claim constitutes an "account," a "payment intangible" or proceeds thereof and is not an “instrument”, “chattel paper” or “electronic chattel paper” (each such term as defined in the Uniform Commercial Code as in effect, from time to time, in each applicable jurisdiction); and (p)The warranties and representations set forth in this Section 7 apply as of the date the Covered Claim is sold and continue until the Covered Claim is fully paid by Insurer. 8.Insured’s Required Notice to ClaimSetter. Insured will immediately notify ClaimSetter of: (a) any dispute related to an Accepted Claim, (b) any other known breach of warranty or default in Insured's covenants and agreements or change regarding representations set forth in this Agreement, (c) Insured’s discovery of evidence of insolvency of Insurer, or (d) any Proceeding related to an Accepted Claim or involving a dispute between Insurer and Insured. 9.Power of Attorney. Insured, by virtue of this Agreement, with or without an executed limited power of attorney in the form attached as Appendix B, makes, constitutes and appoints ClaimSetter as Insured’s true and lawful attorney-in-fact with power of substitution and with power and authority to: (a)Endorse the name of Insured or of any of its Representatives upon any notes, checks, drafts, money orders, or other instruments of payment as required to enforce ClaimSetter's rights with respect to an Accepted Claim; (b)Sign and endorse the name of Insured or any of its agents upon any assignments, verifications, demands under letters of credit and notices in connection with an Accepted Claim; (c)Communicate directly with Insurer to verify details related to an Accepted Claim, to collect payment, and to resolve disputes, including executing any agreement compromising and settling any dispute arising out of the Accepted Claim; (d)Communicate directly with Insured's mortgage company for the Covered Property to verify details related to an Accepted Claim, to collect payment, to obtain necessary indorsements, and to resolve disputes, including executing any agreement or document compromising and settling any dispute arising out of the Accepted Claim; (e)Bring suit to collect any Accepted Claim from Insurer; (f)Notify Insurer that the Accepted Claim has been assigned to ClaimSetter by Insured and that payment shall be made directly and solely to ClaimSetter. Insured's attorney-in-fact, ClaimSetter, is hereby granted full power to do all necessary things to accomplish the above as fully and effectively as could Insured. Insured ratifies all that the attorney-in-fact shall lawfully do or cause to be done by virtue hereof. The power of attorney shall be irrevocable until ClaimSetter has irrevocably received all payments to which ClaimSetter is or may be entitled from Insured and Insurer for an Accepted Claim. Nothing in this restricts ClaimSetter from transferring its power of attorney and other rights to an Accepted Claim to a third party. 10.Events of Default and Remedies. (a)The occurrence of any of the following events or conditions shall constitute an "Event of Default": (i)Any representation or warranty made or deemed made by Insured under this Agreement proves to have been false or misleading in any material respect on or as of the date made or deemed made; or (ii)Insured fails to perform or observe any covenant, term, condition, or agreement contained in this Agreement, and such failure continues unremedied for seven weekdays after written notice by ClaimSetter to Insured. (b)If an Event of Default occurs, then ClaimSetter may, by notice to Insured, terminate this Agreement. 11.Term and Termination. (a)This Agreement shall be effective as of the earlier of the dates that Insured seeks to use the Claim Preparation Service or the Claim Purchase Service. It remains in effect until all parties' obligations under the Agreement are completed. (b)This Agreement may be terminated by either party giving written notice to the other, specifying a termination date not less than sixty (60) days from the date of such notice. Termination of this contract shall not affect the sale of any existing Accepted Claims. (c)Notwithstanding Section 11, the obligations concerning enforcement of warranties and representations, which by their nature should survive the termination of this Agreement, as well as ClaimSetter's rights as assignee of insurance benefits under this Agreement and as owner of an Accepted Claim, shall survive the termination of this Agreement. 12.Miscellaneous. (a)Notices. All notices and other communications under this Agreement shall be in writing and shall be deemed given upon the first to occur of (i) deposit with the United States Postal Service or overnight courier service, properly addressed, and postage prepaid; (ii) transmittal by electronic means, including email, properly addressed; or (iii) actual receipt by an employee or agent of the other party. Notices hereunder shall be sent to the following addresses, or to such other address as such party shall specify in writing: (i)If to Insured to the address on file with ClaimSetter (please contact ClaimSetter to update your contact information) (ii)If to ClaimSetter: Attn: Head of Claims Operation notices@claimsetter.com (b)Amendments and Waivers. Neither this Agreement nor any provision hereof may be amended, modified, or waived except in writing signed by both Parties. No failure to exercise and no delay in exercising, on the part of ClaimSetter, any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof. (c)Successors and Assigns. Insured may not assign its rights under this Agreement without the advance written consent of ClaimSetter. ClaimSetter shall not be restricted in its ability to assign its rights under this Agreement. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. (d)Counterparts; Integration. This Agreement and any amendments, waivers, consents, or supplements hereto may be executed in counterparts (and by different Parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement constitutes the entire contract between the Parties with respect to the subject matter hereof and supersedes all previous agreements and understandings, oral or written, with respect to the subject matter hereof. (e)Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision hereof or invalidate or render unenforceable such term or provision in any other jurisdiction. (f)Governing Law. This Agreement and any claim, controversy, dispute, or cause of action (whether in contract or tort or otherwise) based upon, arising out of, or relating to this Agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the State of New Hampshire. 13.DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED BELOW. a)Election to Arbitrate. You and ClaimSetter agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section (the "Arbitration Provision"). As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 13(h) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non- representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b)Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. c)Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to legal@claimsetter.com at any time. d)Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778- 7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to. e)Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. f)Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction. g)No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 25.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this class action waiver be determined exclusively by a court and not by the administrator or any arbitrator. h)Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than the class action waiver is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the class action waiver are finally adjudicated pursuant to the last sentence of the class action wavier to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. 14.WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. 15.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CLAIMSETTER NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO INSURED OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM CLAIMSETTER'S PERFORMANCE OF THE OBLIGATIONS OF THIS AGREEMENT, EVEN IF CLAIMSETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLAIMSETTER'S TOTAL AGGREGATE LIABILITY TO INSURED FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $1000. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 16.Indemnification. Unless prohibited by law, Insured agrees to defend, indemnify, and hold ClaimSetter harmless, including ClaimSetter's subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Insured's use of ClaimSetter's services; (2) Insured's breach of this Agreement; or (3) any breach of Insured's representations and warranties set forth in this Agreement. Notwithstanding the foregoing, we reserve the right, at Insured's expense, to assume the exclusive defense and control of any matter for which Insured is required to indemnify ClaimSetter, and Insured agrees to cooperate, at your expense, with ClaimSetter's defense of such claims. ClaimSetter will use reasonable efforts to notify Insured of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 17.Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.