Terms Of Service

You represent that you have authority to bind yourself and, if you use Umpire Select for a firm, that firm. These Terms, the Privacy Policy, the Refund Policy, the Acceptable Use Policy, the E-Sign Consent, and the in-app Participation Agreement together are the agreement.

You must be at least 18, a licensed or otherwise authorized appraiser (or acting for one), and able to form a contract. The service is offered to professional appraisers in the United States, not to insureds, carriers as policyholders, or umpires as end users. Operator admin accounts cannot participate in a selection.

Umpire Select is a software tool that helps two appraisers nominate umpires, strike names, and run a published random draw. The platform itself is not a party to any appraisal, does not vet or endorse any umpire, and does not guarantee that any court will accept a selection made through the platform. Parties remain responsible for confirming an umpire's qualifications, disinterest, availability, and conflicts of interest.

3.3 Umpire Select does not provide legal advice. No attorney-client relationship is created. Support staff will not answer whether a selection will "hold up" in a given state. Ask your own attorney.

3.4 Operating Umpire Select is not insurance adjusting. Nuwave Adjusting Inc does not investigate, negotiate, or settle the underlying loss through this product.

Nuwave Adjusting Inc operates Umpire Select and may also hold appraiser accounts and use the service on its own files. When it does, those appraisers participate as ordinary users under the same rules as everyone else. Operating the platform does not make Nuwave Adjusting Inc a party to selections between other users.

We make these commitments, which you can check:

• Admin accounts technically cannot participate in a selection. No one may administer a selection to which they are a party.
• If a party is affiliated with Nuwave Adjusting Inc, the opposing appraiser is shown a conflict notice before they accept a request and before they submit a nomination list, and may walk away at no charge.
• Server randomness is committed by a published hash before either side consents. Both parties contribute seeds. The result is independently verifiable from the court record.
• Either party may request the audit log for a selection they are on. We will produce it within 10 business days.
• Affiliation with Nuwave Adjusting Inc is recorded on the face of the court-record certificate.

These mechanisms exist so the dual role is disclosed and testable, not merely asserted. They do not waive any defense, and they do not make Nuwave Adjusting Inc a fiduciary of any user.

You must provide a true legal name, working email, and, before you send or accept a selection, company and phone. You are responsible for your credentials and for activity under your account. We may refuse, suspend, or close accounts that are false, abusive, or reserved for the operator.

5.2(d) When you upload claim information, you represent that you have authority from your principal (insured or carrier) to use that information to select an umpire, and that providing it does not violate law or your engagement.

The listed price is $20.00 USD per year per appraiser account, billed in advance. When paid billing is enabled, the subscription auto-renews each year unless you cancel before the renewal date. That is a negative-option subscription. Before we collect a payment method we will disclose the price, that it renews annually until you cancel, and how to cancel. We will obtain express consent to auto-renewal in a checkbox that is separate from agreement to these Terms, keep a record of that consent, send a purchase acknowledgment, send a renewal reminder 15 to 45 days before an annual renewal, and give notice of a price change 7 to 30 days before it takes effect.

You may cancel in account settings with a single action and without a retention gauntlet. Cancellation stops the next renewal. It does not void a selection already in progress.

6.6 Refunds. Because the annual price is low, we generally do not refund a period after it has started. Canceling stops future charges. If you were charged in error, or if you walk away under Section 4 after a conflict notice and were charged solely for that selection period in error, contact support@umpireselect.com and we will review the charge. The Refund Policy restates this Section 6.6. Until paid billing is live, accounts are complimentary and no card is charged.

Each selection follows the published procedure: ten nominations each, up to five strikes from the other list only, a locked surviving pool, consent, and a SHA-256 draw described at How The Draw Works. The draw cannot be rerun. Admin users cannot join a selection as a party.

7.4 Binding effect between the appraisers. By accepting the Participation Agreement you agree with the other appraiser, not with Nuwave Adjusting Inc as a litigant, that the umpire drawn by that procedure is the umpire you have jointly selected for that appraisal, except as Section 7.5 provides.

7.5 Limits. Nuwave Adjusting Inc is not a party to that agreement and cannot enforce it for you. Section 7.4 never overrides the insurance policy, a statute, or a court order. Whether two appraisers may pre-commit to a random selection is a matter of applicable law. You must confirm with your own counsel.

You may not probe, scrape, or reverse engineer the draw in order to predict or steer a live selection; submit false names or signatures; harass; upload malware; or use the service if you are a party and also an operator administrator on that same selection. The Acceptable Use Policy is part of these Terms.

You keep ownership of what you submit. You grant us a license to host, process, and produce records as needed to run selections, issue court records, and comply with law.

9.5 Nominated umpires are private individuals. They did not sign up. An umpire may email privacy@umpireselect.com to ask what we hold and to request correction or deletion where the law allows. Completed court records may be retained even if a contact field is later limited.

The Privacy Policy explains what we collect. You must not upload Social Security numbers, medical records, or other data not needed to identify a claim and run a selection. Insured personal information is supplied by you, not by the insured through this site.

Umpire Select, the draw method as implemented here, the marks, and the software are owned by Nuwave Adjusting Inc or its licensors. These Terms do not sell you that IP. You may not copy the service to run a competing draw product using our branding.

Before your first electronic signature on a selection, you will be shown the E-Sign Consent. Typing your legal name is intended as your electronic signature under applicable e-sign law.

Completed selection records are retained as legal records for 7 years, or longer if law requires. A completed record is anonymized rather than fully deleted when a deletion request is honored, except as the court record must remain authentic. Either party to a selection may request that selection's audit log; we will produce it within 10 business days.

We may use processors such as Stripe (payments), Resend (email), Supabase (database, auth, storage), Vercel or other hosts, Google or Microsoft (sign-in), and Sentry (errors). Their terms apply to their services.

THE SERVICE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT ALLOWED BY LAW, Nuwave Adjusting Inc DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT A COURT WILL ACCEPT A DRAW, THAT AN UMPIRE IS QUALIFIED, OR THAT THE SERVICE WILL BE UNINTERRUPTED.

You will defend and indemnify Nuwave Adjusting Inc and its officers, employees, and agents against claims arising from your content, your lack of authority, your misuse of the service, or your violation of these Terms, except to the extent caused by our willful misconduct.

This section number is reserved so cross-references in related memos stay stable.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, Nuwave Adjusting Inc WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST CLAIMS VALUE, OR COST OF SUBSTITUTE UMPIRES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) $100. SOME STATES DO NOT ALLOW CERTAIN LIMITS; IN THOSE STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

You may stop using the service and cancel a paid subscription as in Section 6. We may suspend or close an account for violation, risk, or non-payment. Sections that by nature should survive (including 7.4–7.5, 11, 13, 15–18, and 21–22) survive termination. Completed court records remain records.

We may update these Terms. For material changes we will post the new Terms and, where required, give notice. Continued use after the effective date is acceptance, except where law requires opt-in.

Except for small-claims court, intellectual-property injunctions, or a timely opt-out, you and Nuwave Adjusting Inc agree to binding individual arbitration of disputes arising out of these Terms or the service, administered in DuPage County, Illinois, under the rules of a recognized US arbitration provider. You waive class, collective, and representative actions. Mass filings may be batched.

You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@umpireselect.com with your name, account email, and a clear request to opt out. 21.7 The Federal Arbitration Act governs interpretation of this Section 21.

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules, except that arbitration is also governed as in Section 21.7. Courts in DuPage County, Illinois have exclusive jurisdiction for disputes not in arbitration, subject to the small-claims carve-out.

If a provision is unenforceable, the rest remains. These Terms are the entire agreement about the service. You may not assign them without our consent; we may assign them in a sale of the service. Notices to you may go to your account email. Notices to us: legal@umpireselect.com, Nuwave Adjusting Inc, 3333 Warrenville Rd Suite 200, Lisle, IL 60532. Support: support@umpireselect.com. Effective date: August 18, 2026.