General Terms and Conditions of Service

1. Definitions

For the purpose of these Terms and Conditions, all capitalized terms shall have the following meanings:

• “QuickenPlans” means QuickenPlans, Inc., together with its parents, subsidiaries, affiliates and assigns, which owns all rights to and in the Sites. The terms “we,” “us” and “our” as used in these Terms and Conditions refer to QuickenPlans.
• “Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the Client or QuickenPlans.
• “Content” means any information, data, text, images, video, audio or any other materials available from Sites and/or service delivery, including quotes/proposals or other project information.
• “Client” means the person accessing the Sites, ordering the Products and/or Services, including any other person, entity or company that the person is accessing the Sites and/or ordering the Products and/or Services on behalf of. The terms “you,” and “your” as used in these Terms refer to the Client.
• “Terms and Conditions” or “Terms” means the terms and conditions governing access and use of the Sites, Products and/or Service ordering and delivery, including these Terms and any changes, additions or modifications made to any such Terms.
• “Sites” means the websites located at https://www.quickenplans.com as well as all other applications, platforms, and social media profiles owned or operated by QuickenPlans, including any respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites.
• “Services” means the services facilitated directly or indirectly by QuickenPlans for the coordination of preparation of drawings, 3D renders, and 3D models, and other services, and governed by these Terms, which you must agree to prior to purchasing or using the Services.
• “Products” means digital products, marketed and offered through the Sites, produced by QuickenPlans or third parties, and governed by these Terms, which you must agree to prior to purchasing or using the Products.
• “Service Provider” — a reasonably competent third party selected by QuickenPlans at its sole discretion, retained or assigned to provide the Services to the Client. Client acknowledges and accepts that QuickenPlans has no control over any actions or inactions of the Service Provider, including but not limited to the services delivery process, timeline, and/or results. Client agrees to indemnify and hold QuickenPlans harmless for any actions or inactions of the Service Provider to the fullest extent of the law.

2. Entire Agreement

Your use of this website and/or ordering and receiving of the products and/or services, constitute the entire agreement between you, the Client and QuickenPlans and supersedes all prior agreements, understandings, or representations with respect to the subject matter hereof. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind between the parties, except as may otherwise be expressly provided herein. The headings used herein are for convenience only and shall not affect the interpretation of the terms of this Agreement.

3. Products

QuickenPlans may market and offer a variety of digital products, including pre-designed plans and drawings. These digital products can be either directly produced and owned by QuickenPlans or produced and owned by third parties, allowing QuickenPlans to market and sell them through the Sites. Regardless of ownership and product origin, all digital products are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

4. Services

QuickenPlans, at the request of the Client, facilitates Services for the preparation of drawings, 3D renders, and 3D models for remodeling and construction projects, as well as a variety of consulting and other services in relation to these projects. QuickenPlans may, at its sole discretion, retain or assign the service delivery obligations to a Service Provider. If a third party is retained or assigned to deliver the services, the Client agrees to abide by the terms of service delivery of such third party. All Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

5. Services Limitations

The following limitations shall apply to all Services provided hereunder, regardless of Services origin, unless otherwise expressly specified in the Quote/Proposal:

• Plans drawing services are limited to site-built conventional wood framing for single-family homes with a maximum of two (2) stories on a flat lot;
• Engineering services are limited to site-built conventional wood framing for single-family homes with a maximum of two (2) stories with (i) standard type of foundation (slab on grade or crawlspace), and (ii) standard type of roofing (gable or hip, no trusses) unless otherwise agreed upon by the parties;
• Seismic analysis/design, custom headers design, and any services to be provided on properties subject to Alquist-Priolo Act or similar regulations, are each excluded from the Services and subject to a custom quote;
• Flood hazard, high groundwater table, inadequate soil, and similar conditions should be assessed by a licensed geotechnical engineer, are excluded from the Services;
• Custom approach (like the use of structural steel, large openings, complicated roof shape, etc.) is excluded from Services;
• The measurements (if included in scope) can be completed via interior 3D scanning or by any other means at sole discretion of QuickenPlans. Client acknowledges that the measurement data is utilized exclusively for design purposes and is not guaranteed to be accurate, and should promptly verify all dimensions in field (immediately upon receiving the plans/drawings containing the measurements) and report discrepancies to QuickenPlans and Services provider;
• All exterior measurements, including lot dimensions and setbacks, are intended solely for illustrative purposes and should not be used as a substitute for a boundary survey;
• All drawings and plans prepared by QuickenPlans are intended for permitting purposes only. Client shall verify critical field dimensions and promptly notify QuickenPlans of any discrepancies so they may be corrected in the plans at no additional charge. Nothing in this section limits QuickenPlans' obligation to perform its services with reasonable professional care, nor does it limit any liability beyond the monetary cap set out in Section 18.

6. Consult With Local Authorities First

Client acknowledges that QuickenPlans and/or Service Providers are unable to forecast or guarantee the actual requirements and duration for permitting procedures and the approval of plans/permits and bears no responsibility for any resulting consequences. Client hereby acknowledges it is the Client's sole responsibility to consult with local authorities (such as the Planning Department/Division, etc.) prior to initiating the project to gather all necessary information pertaining to project feasibility, requirements, and potential restrictions. QuickenPlans and Service Providers produce all plans under the assumption that the Client has secured the requisite permissions from local authorities and that the desired layout/design meets approval criteria. QuickenPlans is not liable/responsible for project plans/permit application rejection by local authorities due to any reason.

7. Unpermitted / Illegal Structures

Any pre-existing unpermitted/illegal structures on the lot, as well as any existing code violations must be disclosed to QuickenPlans and Service Provider prior to initiating the project. Client hereby acknowledges it is Client's sole responsibility to verify that all structures on the subject lot are permitted and are devoid of violations. Client shall consult with local authorities to confirm the legal standing of any structures on the lot, along with any documented code violations and the associated rectification procedures. QuickenPlans bears no responsibility for delays caused by issues related to unpermitted/illegal structures, code violations, or any obligations imposed by local authorities for their resolution.

8. Legalization

If the Services are a part of the legalization process (either voluntary or involuntary under a violation notice), the Client is responsible for obtaining and timely providing to QuickenPlans a violation notice or a similar document from local authorities, outlining in detail the scope of work required for legalization. Services will be limited to such a document, and QuickenPlans and the Service Provider are not responsible for providing any services not outlined in such a document. The Client is responsible for promptly arranging all required inspections by local authorities or third-party vendors prior to QuickenPlans and/or the Service Provider commencing the Services. Tentative timeframes are not applicable to legalization projects. Legalization projects may require an additional scope of work, not known to QuickenPlans and/or the Service Provider prior to the start. In this case, QuickenPlans and/or the Service Provider will provide the Client with a quote/change order, and the Client should promptly review and accept or reject such a quote/change order. If the Client delays the review/acceptance for more than ten (10) business days, the original legalization project can be terminated. If the quote/change order is rejected, QuickenPlans and/or the Service Provider can terminate the original legalization project.

9. File Storage and Retrieval

Service- and Project-related files will be stored and can be retrieved free of charge within three (3) months after the project completion (the “Release of Plans”). Any retrieval request after three (3) months is subject to a retrieval fee. 3D models shall be hosted for one (1) month — extended hosting is subject to a hosting fee. QuickenPlans cannot guarantee that the Service- and Project-related files, including plans, drawings, CAD files and 3D models will be available after the Release of Plans. Product files are available only as a one-time download by authorized user.

10. Measurements / 3D Scanning / Site Visit

Some of the Services may include onsite measurements, performed via 3D scanning. Client is responsible to provide the full access to the entire structure at the time of scheduled appointment. If access is not provided or access is limited by any means (closed rooms, cluttered space, unleashed animals, etc.), appointment can be rescheduled and a rescheduling fee will be applied. No scanning and measurements will be performed in areas without safe and permanent access. Client is responsible to provide the full and accurate measurements of such spaces to be included into plans. Cancellation or rescheduling in less than 24 hours prior to appointment time is subject to a cancellation/rescheduling fee. Any hostile behavior towards the scanning technician will result in cancellation of the appointment and may lead to cancellation of the project.

11. Permitting Agent Service

QuickenPlans and/or Service Provider may provide Permitting Agent Services, which are strictly limited to building permitting scope only. No permit, plan review or any other government fees are covered with this service and they should be paid by Client to local authorities directly. Any planning design review, historic review, use permits, lot splits, and any other permitting activities outside of standard building permit application are excluded and must be secured by the Client or his representative prior to the commencement of the Services. Furthermore, any information related thereto must be provided to QuickenPlans and Service Provider in timely manner, and prior to the commencement of the Services.

Permitting Agent Service shall cover only over the counter or ministerial review — no design review, public hearings or other reviews are covered by Permitting Agent Services. Client shall inform QuickenPlans and Service Provider prior to the commencement of the Services of any previous completed/approved or uncompleted/rejected permitting applications (collectively, the “Permitting History”). Failure to inform QuickenPlans and Service Provider of the Permitting History as outlined above, as well as unauthorized involvement/communications with local officials during permitting may result in delays or cancellation of permitting process/service by QuickenPlans.

Client acknowledges and accepts that QuickenPlans and Service Provider have no control over the actual timeline of the review and permitting process conducted by local authorities and cannot provide guidance on its duration. If QuickenPlans and/or Service Provider are retained as Permitting Agent, Client shall refrain from contacting permitting authorities without QuickenPlans's authorization and do not interfere with permitting process by any other means. Failure to comply with this provision may result in cancellation/termination of services with no refund.

12. Plan Review, Permitting and Construction Phases

QuickenPlans and/or Service Provider, at their sole discretion, may provide a service to address requests for changes or corrections issued by local authorities during plan review and permitting process. Client acknowledges and accepts that QuickenPlans and/or Service Provider cannot guarantee permit approval, timelines, or jurisdictional outcomes. Any statements regarding approval likelihood are informational only and not binding. Changes in codes, ordinances, interpretations, policies, or jurisdictional requirements occurring after order placement are Client risk and may require additional fees.

13. Payment Terms

Any applicable fees and all payments received for Service(s) and/or Product(s) are non-cancelable and non-refundable and shall be due upon invoicing unless otherwise provided in these Terms and/or Quote/Proposal for Professional Services. The Client may elect to pay for the Services as a one-time payment through a third-party payment provider by credit card, debit card, or bank transfer. The Client may also elect to pay in multiple installments through a third-party payment provider if available and offered by QuickenPlans. In each case, the Client may be charged an additional payment processing fee.

14. Payment Delays / Defaults

Client hereby acknowledges that Client is solely responsible for paying all fees set forth on the Sites, in Quote/Proposal for Professional Service or other documents outlining the scope and price of Product and/or Service. Client further acknowledges that the payment method(s) provided to QuickenPlans to pay the amounts due under this Agreement are active, valid and have sufficient funds available during the entire term of the payback period as outlined herein. If a payment plan is initiated, it is Client's responsibility to maintain a valid and active payment method (credit card) on file. All payments late for five (5) or more days are subject to a late fee up to 10% of the amount due per month or the greatest amount permitted under applicable law. If for any reason payment is declined, Client shall provide an alternative, valid payment method immediately. If a payment plan is selected, QuickenPlans can make up to five (5) attempts to charge Client's payment method on file. If all such attempts are unsuccessful, Client shall be deemed in default of this Agreement.

15. Termination of Services

Either party may terminate the Services at any time. The actual amounts due and payable as of the date of termination will be calculated by QuickenPlans and/or Service Provider and either (a) invoiced by QuickenPlans and/or Service Provider to Client, or (b) deducted by QuickenPlans from Client's balance with QuickenPlans with any remaining balance refunded to the Client within sixty (60) days of termination. If the Client's balance is not sufficient to cover actual expenses, QuickenPlans will invoice for a difference, payment in full per invoice is due immediately and subject to a late fee if late.

16. Refund Policy

QuickenPlans and the Client each reserve the right to terminate the Agreement unilaterally for their own convenience. Should the Client elect to initiate such termination, a formal written notice of termination must be sent via email to support@quickenplans.com. Upon receipt and confirmation of such termination notice, QuickenPlans shall halt all ongoing work related to the project within two (2) business days. Subsequent to this, QuickenPlans will provide the Client with a breakdown detailing any outstanding amounts either due for refund to the Client or payable by the Client to QuickenPlans. Any undisputed refunds to be processed will be initiated within sixty (60) days from the date the termination notice is acknowledged or sent by QuickenPlans.

The following refund schedule is indicative in nature. The specifics of any refund or adjustment may vary based on the unique details and requirements of the individual project. Processing fees are non-refundable.

• a) 3D Scanning/As-Built only: Before As-Built Plans completed — 50% of total service fee to be retained; As-Built Plans completed — no refund.
• b) Feasibility Report only: 3D scan and/or Site/Plot Plan completed — 30% of total service fee to be retained; As-Built Plans completed — 45% of total service fee to be retained.
• c) Building Design Plans only: 3D scan completed — 20% of total service fee to be retained; As-Built Plans completed — 45% of total service fee to be retained; Proposed Conceptual Design commenced — 75% of total service fee to be retained.
• d) Full Set of Plans: 3D scan completed — 25% of total service fee to be retained; As-Built Plans completed — 40% of total service fee to be retained; Proposed Conceptual Design commenced — 50% of total service fee to be retained; Plans commenced — 75% of total service fee to be retained; Structural Engineering coordination commenced — no refund.
• e) Permitting Agent Service only: Initial Application prepared — 50% of total service fee to be retained; Initial Application submitted — no refund.
• f) Other services: Work commenced — 50% of total service fee to be retained; Work substantially completed — no refund.
• g) Site studies (surveys, geotech, etc.) only: Work commenced — 80% of total service fee to be retained; Work substantially completed — no refund.

17. Governmental Fees

All applicable fees and payments to local/state authorities (i.e. plan check fees, permit fees, etc.) are not included and should be paid by the Client directly or immediately reimbursed to QuickenPlans. In addition to compensation payable to QuickenPlans hereunder, QuickenPlans may be reimbursed for certain expenses, including without limitation: costs for printing, plotting, modeling supplies, fees of consultants engaged by QuickenPlans at Client's request other than those included as a basic service, and fees paid by QuickenPlans to local authorities in connection with the Services, if any. All fees due to QuickenPlans and retained professionals/vendors are due on approval and before delivery/release of the Services.

18. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO THEORY IN LAW OR IN EQUITY WILL QUICKENPLANS, ITS AFFILIATES OR ANY OF EACH OF THEIR AGENTS, EMPLOYEES, CONTRACTORS, STOCKHOLDERS, OFFICERS, DIRECTORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE TO CLIENT OR ANY AFFILIATE THEREOF FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR FOR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY AFFILIATE IN CONNECTION WITH THESE TERMS, THE SITES, PRODUCTS OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, QUICKENPLANS'S AGGREGATE LIABILITY TO CLIENT, ANY AFFILIATE OF CLIENT, OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, THE SITES, PRODUCTS OR THE SERVICES FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER, OR CLAIMS OR EXPENSES FROM ANY CAUSE OR CAUSES OF ACTION SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY CLIENT DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $1,000.

19. Indemnification

CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS QUICKENPLANS (INCLUDING BUT NOT LIMITED TO ITS OFFICERS, DIRECTORS, STOCKHOLDERS, CONSULTANTS, EMPLOYEES, AND AGENTS) AGAINST ANY AND ALL LIABILITY, LOSSES OR DAMAGES OR ANY EXPENSES WHATSOEVER AS A RESULT OF ANY CLAIMS, DEMANDS, DAMAGES, COSTS OR JUDGMENTS AGAINST QUICKENPLANS THAT MAY ARISE IN CONNECTION WITH OR AS A RESULT OF QUICKENPLANS PROVIDING THE SERVICES/PRODUCTS TO CLIENT PURSUANT TO THIS AGREEMENT.

20. Ownership and Use of Documents

All drawings, specifications, and other documents (collectively, the “Documents”) prepared by QuickenPlans and/or Service Provider and/or any third party, engaged by QuickenPlans, as part of the Services and/or product are, and shall remain, the property of QuickenPlans. Documents shall be used solely in connection with the project identified in the Quote/Proposal and contemplated under this Agreement. Documents obtained by Client as a part of Product and/or Services shall be used solely by Client for one (1) project and cannot be duplicated, modified, altered, copied, sold, gifted, commercially exploited, published, distributed or displayed without prior written consent of QuickenPlans.

21. Confidentiality

As used in this Agreement, “Confidential Information” shall mean all information disclosed by one party to the other which is in tangible form and designated as confidential or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. The receiving party will not use any Confidential Information of the disclosing party for any purpose outside of exercising the receiving party's rights or fulfilling its obligations under this Agreement, or disclose or make Confidential Information of the disclosing party available to any party, except to its affiliates, and their respective employees, legal counsel, accountants, contractors, or subcontractors who have a “need to know.” The receiving party will protect the disclosing party's Confidential Information using at least the same degree of care that it uses to protect the confidentiality of its own Confidential Information but in no event less than reasonable care.

22. Disclaimers

EXCEPT AS SPECIFICALLY SET FORTH IN THE SERVICE WARRANTY, THE SERVICES, PRODUCTS, INCLUDING ALL SITES, SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND AND TO THE FULLEST EXTENT PERMITTED BY LAW, QUICKENPLANS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QUICKENPLANS CANNOT PREDICT OR GUARANTEE THE PERMITTING TIME OR THE PERMIT APPROVAL FOR ANY OF THE SERVICES AND/OR PRODUCTS TO BE PROVIDED UNDER THIS AGREEMENT. CLIENT IS ADVISED TO CONSULT WITH THE LOCAL PLANNING DEPARTMENT/DIVISION TO OBTAIN ALL REQUIRED INFORMATION REGARDING PROJECT FEASIBILITY AND POSSIBLE LIMITATIONS. ALL PLANS AND DRAWINGS ARE PREPARED AND SERVICES ARE PROVIDED ON THE ASSUMPTION THAT CLIENT OBTAINED PERMISSION FOR THE PROJECT FROM THE APPLICABLE LOCAL AUTHORITIES AND THAT THE SERVICES CAN BE PERMITTED BY LOCAL AUTHORITIES.

23. Client's Responsibilities

The Client is responsible to provide QuickenPlans with detailed design guidelines, fully outlining desired proceedings and all required professional, legal, accounting, and insurance counseling services as may be required for QuickenPlans's provision of the Services hereunder. Upon receiving as-built, concept, proposed or any other plans from QuickenPlans and/or Service Provider, containing dimensions, the Client should promptly verify them in field and inform QuickenPlans and Service Provider in case of any discrepancies to update the plans.

If Client's review is required for the entire or partial work completed, Client is responsible to provide QuickenPlans with written feedback within 5 business days from release date. If the feedback is not received within 5 business days, the entire or partial work is considered fully approved by the Client and any changes to completed work are subject to a change order.

24. No Disparagement

Client promises not to directly or indirectly, whether in public or private, make, publish, encourage, ratify, authorize, assist or enable any other person or entity in making, authorizing, ratifying, or publishing, any statements, whether written or oral, that in any way defame, criticize, malign, impugn, reflect negatively on, or disparage QuickenPlans, or any of its clients, partners, affiliates, providers, or any of their respective employees, contractors, clients, partners, affiliates, or providers, or any of their respective past and present, partners, members, officers, directors, as well as any products or services. This Section shall only be limited by applicable law and shall not apply with respect to any truthful statement required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body with jurisdiction over the parties.

25. Copyright

QuickenPlans has the right to include photographic, video, 3D and/or artistic representations of the property and design of the project (collectively, the “Project Documents”) among the QuickenPlans promotional and professional materials. Client hereby grants to QuickenPlans an exclusive and royalty-free license to use, access and reproduce the Project Documents for any purpose QuickenPlans deems necessary or appropriate hereunder, including without limitation the advertising and promotion of QuickenPlans.

26. Independent Contractors

The relationship of the parties is that of independent contractors. This Agreement does not and shall not be construed to create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

27. Severability

If any provision in this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, such provision shall be modified and interpreted to best accomplish the original purpose of the provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

28. Amendment and Waiver

QuickenPlans reserves the right to amend these Terms from time to time, in which case the newest version will supersede all prior versions. Client's continued use of the Services and/or Product and/or Sites following the effective date of any such amendment shall be considered Client's express consent to any such amendment. QuickenPlans's failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.

29. Assignment

Client may not, directly or indirectly, by operation of law or otherwise, assign all or any part of its rights or obligations under these Terms without QuickenPlans's prior written consent. QuickenPlans may assign this Agreement to any affiliate or other entity, provided that any such successor agrees to fulfill its obligations hereunder.

30. Force Majeure

No failure, delay, or default in performance of any obligation of a party will constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay, or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil, or military authority, fire, strike, lockout, or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, or other natural disaster.

31. Dispute Resolution

CLIENT UNDERSTANDS AND AGREES THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN CLIENT AND QUICKENPLANS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, REPRESENTATIVES, AGENTS, OR ASSIGNS IN CONNECTION WITH OR RELATED TO THE USE OR ACCESS OF THE SERVICES, PRODUCTS, THE SITES, OR THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA'S COMMERCIAL DISPUTE RESOLUTION PROCEDURES. CLIENT AND QUICKENPLANS EACH VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL.

QuickenPlans may, at its sole discretion, bring certain claims to small claims court instead of arbitration, provided they fall within the monetary limits set by the small claims court. The venue for such claims shall be the Superior Court of California, County of Santa Clara.

32. Governing Law

This Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. Client expressly agrees to submit to the personal jurisdiction of any court of competent jurisdiction for the enforcement of an arbitral award.