Terms and Agreements

1. Acceptance and authority

You agree to these Terms by submitting a request through our website, portal or email, by contacting any FCA representative for help with a request, by accepting results, or by paying an invoice, whichever comes first. You represent that you are a licensed attorney, law firm or authorized staff member acting for one, and that you have authority to bind the Firm. These Terms apply to every request, present and future, together with the request form, the fees in Section 5 and each invoice. If any purchase order, form or terms issued by you conflict with these Terms, these Terms control.

2. Services

FCA provides research information for use in active, pending or reasonably anticipated legal matters. FCA is not a law firm and does not provide legal advice, case valuation, coverage opinions or settlement advice. We may use third-party research partners and professionals to obtain results. These third parties may or may not be insured, and we do not guarantee their actions or outcomes. We reserve the right to decline service to any individual or entity at our discretion.

3. Submitting requests

Each request must include complete, accurate and current information, including the full name of the plaintiff and, to the extent known, the defendant’s or policyholder’s date of birth, address and phone number. Without this information we cannot guarantee that a search can proceed. One defendant or policyholder is covered by each request; each additional person or entity requires a separate request and is billed separately. You must disclose on the request any policy information you already have, such as the carrier, policy number or limits. If we need more information we will contact you by email. If we do not receive a response within 2 weeks, we will consider the request closed. You certify that each request is made for a legitimate legal matter and that you obtained the information lawfully.

4. Processing times

Processing times are estimates only and are not guarantees or deadlines. Individual owned policies typically take 3 to 5 business days, commercial policies 5 to 7 business days and occasionally up to 10, Southern California AAA 3 to 10 business days, and discovery searches up to 30 business days, in each case unless an expedited option was requested and confirmed. Times can vary with the type of policy, the carrier and the completeness of your information. A delay does not release you from payment for results delivered, and delivery is complete when we send results to the email on your request.

5. Fees and pricing

Prices are shown on the request form and in your confirmation email. Subject to Section 6, fees are earned when the requested work is performed or the results are delivered, and are based on the search performed and the policy type we confirm, not only the type first requested. The following fees apply:

• Standalone umbrella search: $200. A standalone umbrella request that results in “Confirmed No Coverage” receives a 50% discount. Standard pricing applies when a policy is confirmed.
• Date of loss: less than 1 year, no additional charge; 1 to 2 years, $30 additional; 3 to 4 years, $60 additional; 5 or more years, $100 additional. The date-of-loss and limited-information fees apply to requests submitted on or after November 22, 2026. Years are counted from the date of loss to the date of the request, and a full year is complete on the anniversary of the date of loss. For example, for a loss on December 31, 2025, a request made through December 30, 2026 is under 1 year; a request made from December 31, 2026 through December 30, 2028 is 1 to 2 years; and so on.
• Case in litigation: $30 for successful results.
• Specialty carrier fee: $30 for USAA, Wawanesa, Northern California AAA, State Farm, Mercury, Farmers Group (Farmers, Foremost, Bristol West, 21st Century) and Farm Bureau, and for AAA policies outside Southern California.
• Southern California AAA fee: $100, in addition to the $30 specialty carrier fee, for $130 in total.
• Discovery search: a deposit in full, in the amount shown at submission, currently $150, is required before work begins. Deposits are non-refundable. If we identify a previously unknown policy, the deposit is applied to the total cost and we invoice the balance. No further charge applies unless you request, and we confirm and process, an additional policy.
• Expedited requests: an additional fee shown on the request form when you submit.
• DMV searches and skip tracing: an additional fee quoted before work starts.
• Limited-information fee: if a request is submitted with neither a date of birth nor an address for the defendant or policyholder (a field marked UNKNOWN or left blank counts as not provided), an additional fee of $100 applies, charged only if we find a result.

We do not provide policy limit searches on a lien basis. If a request is old, complex or incomplete and requires additional research, we may charge an additional fee after notifying you by email. Unless you cancel the request in writing within 1 business day of our notice, you approve the additional fee. If you cancel in response to that notice, no cancellation fee applies and you are not charged the additional fee. We may change our prices for future requests as described in Section 22.

6. No Hit, No Pay

For standard policy limit searches, you are not charged when we find no relevant policy information. A “hit” occurs when we identify policy limits or coverage information for an insurer under which the defendant or policyholder you named is a named insured, policyholder or named driver, including a policy listed in a police report or other document you supplied. A hit is billable even if the insurer later denies coverage, disputes the policy, or states that the policy was not in force on the date of loss or does not apply to the claim. A result is also billable if the policy we identify does not cover the vehicle, property or person involved in your matter, or if it shows limits of $0 or a policy not in force on the date of loss. A standalone umbrella result of “Confirmed No Coverage” is billable at the discounted price in Section 5 and is not a no-hit. A result that confirms only that no policy was found is a no-hit. For USAA, Wawanesa and Southern California AAA, we attempt the search but cannot guarantee a result, and no fee applies if none is found. If we deliver only part of a request, you are billed for the part delivered. Discovery deposits are not covered by No Hit, No Pay.

7. Payment terms and ways to pay

Payment is due for results delivered. Invoices are due within 15 calendar days of the invoice date (Net 15). Payment is not conditioned on the outcome of your client’s case, on any settlement or recovery, or on your receipt of funds from any person. You choose how to pay, and credit card is never your only option:

• Secure payment link. Each invoice includes a link to our payment page, which shows all of the options below. The surcharge amount in dollars is displayed before you confirm any credit card payment.
• ACH bank transfer, at no charge, through the payment link.
• Debit card, at no charge, through the payment link.
• Check by mail, at no charge. Make the check payable to Fund Capital America and mail it to Fund Capital America, 1033 Gayley Ave., Suite 113, Los Angeles, CA 90024, with the invoice number. A paper check received within 3 calendar days after the due date is treated as on time.
• Credit card, through the payment link. Beginning November 22, 2026, credit card payments include a surcharge described in Section 9. You may save a card on file through a secure link from our payment partner, Stripe, by emailing onlinepayment@fundcapitalamerica.com.

If you pay by credit card, you confirm that you are authorized to use the card and authorize FCA to charge the invoice amount plus the surcharge shown at checkout. A card you place on file may be charged for any invoice that is still unpaid on the 19th calendar day after the invoice date (so that a mailed check still within the grace period is not charged twice), with the surcharge if it is a credit card; before each charge we will email you the invoice amount, the surcharge in dollars and the charge date. Payments are applied first to fees and charges and then to the oldest invoice. You may not deduct or set off amounts from any invoice.

8. Late fees, suspension and collection

If payment is not received by the due date, a late fee of $25 applies on the 16th calendar day after the invoice date, and an additional $25 applies on the 31st calendar day, the 46th calendar day, and every 15 calendar days after that, until the outstanding balance is paid. A paper check received within the 3-day grace period in Section 7 is not late; a paper check received after that period is late, and the late fee runs from the 16th calendar day. You are responsible for late fees.

Failed payments. If a check is returned or a payment fails, including a stop payment order, insufficient funds, a closed or frozen account, an ACH return, a declined or non-chargeable card on file, a check processing error or suspected fraudulent activity, we will notify you by email. You must replace the payment within 3 business days of our notice by ACH, debit card, certified or cashier’s check, or a new card. A fee applies to each failed payment: $25 for the first returned check and $35 for each later returned check, and $50 for any other failed payment. These fees are a reasonable estimate of our administrative and processing costs and are in addition to late fees, which continue from the original due date. If you do not replace the payment within 3 business days, or if payments from you fail more than once, FCA may, in its discretion, (a) suspend pending requests and withhold results; (b) stop accepting personal or firm checks from you; and (c) require future payments by ACH, debit card, certified or cashier’s check or credit card. We will not require credit card as your only way to pay.

While any invoice is past due, FCA may suspend work on pending requests, withhold results, decline future requests, and require prepayment or a debit or credit card on file for future requests. We may refer a past-due account to collection, and you agree to pay all costs of collection, including collection agency fees, court costs and reasonable attorneys’ fees, in addition to the balance and late fees.

9. Credit card surcharge

Beginning November 22, 2026, Aspen Holdings, LLC d/b/a Fund Capital America imposes a surcharge of 2.9% of the payment amount, rounded to the nearest cent (half a cent rounds up), on payments made by credit card. The surcharge is imposed by FCA, is not greater than our cost of accepting credit cards, and will not exceed the maximum permitted by law or card network rules. No surcharge applies to debit cards, prepaid cards, ACH or check, and you can avoid the surcharge by paying one of those ways. The surcharge amount, in dollars, is shown before you confirm a credit card payment and on your receipt. If a surcharged payment is refunded, the surcharge is refunded in the same proportion, and each partial refund of the surcharge is rounded to the nearest cent (half a cent rounds up), the final refund takes any remainder, and the total surcharge refunded never exceeds the surcharge charged. When you authorize a card on file, you agree that the surcharge is added to each credit card charge, and we will email you the surcharge in dollars before each charge and show it on the receipt. We will give written notice before changing the surcharge rate.

10. Chargebacks

You agree not to dispute with your card issuer a charge for Services that were delivered. Contact us first. If you file a chargeback on a valid charge, you remain responsible for the invoice, the surcharge, our chargeback costs, and a $50 administrative fee, and the invoice is treated as past due from its original due date.

11. Fee disputes

If you dispute an invoice, you must tell us in writing at policylimits@fundcapitalamerica.com within 30 calendar days of the invoice date, identifying the case number, the amount disputed and the reason. Pay the undisputed amount by the due date. A dispute not raised in writing within 30 calendar days is waived to the extent permitted by law. A dispute does not suspend late fees on amounts later found to be owed.

12. Cancellation

You may cancel a request in writing before our research department begins work at no charge. After work has begun, a $50 cancellation fee applies. Expedited requests and discovery searches cannot be canceled once submitted, and discovery deposits are non-refundable. Cancellations must be sent to policylimits@fundcapitalamerica.com.

13. Duplicate or incorrect requests

FCA does not assume responsibility for duplicate requests, such as multiple submissions of the same case by the same Firm, or for incorrect submissions, such as inaccuracies in the policy limit, umbrella or discovery search requested, or incorrect information provided. We make reasonable efforts to identify them and will contact you promptly when we do. If a duplicate or incorrect request is missed and has already been processed by our research department, full payment is due, and the invoice is not eligible for any discount or waiver.

14. Accuracy, risk and refunds

We use reasonable care to obtain information from sources we consider reliable, and our Quality Assurance department reviews results before delivery. We collect information from third-party sources, which may be inaccurate, incomplete or out of date. All Services and results are provided “as is” and “as available,” and we disclaim all warranties, express or implied, and all duties not stated in these Terms. We do not guarantee the results of any search, that any policy limit is complete, accurate or current, that a policy was in force on the date of loss, or that coverage applies to any claim. Searches are based on the names and information you supply, and a policy we find may not cover the vehicle, property or person involved in your matter. You use and rely on results at your own risk, and you are responsible for verifying results independently and for any action you take based on them.

If you notify us in writing within 30 calendar days of delivery that a result was inaccurate and provide supporting documentation, we will review it, and if we confirm the inaccuracy, we will, at our option, correct the result, issue a revised report, void or credit the unpaid invoice, or refund the fee you paid for that request. That remedy is your sole and exclusive remedy, and you release FCA from all other claims arising from inaccuracies in results.

15. Permitted use, compliance and termination

You agree to use the Services and results only for lawful purposes in connection with a legal matter and to provide accurate, current and complete information. You may not use them for credit, insurance underwriting, employment, tenant screening or any other purpose regulated by the Fair Credit Reporting Act. FCA is not a consumer reporting agency, and our results are not consumer reports. You are responsible for compliance with the Driver’s Privacy Protection Act, the Gramm-Leach-Bliley Act and other privacy laws as they apply to your requests and your use of results, and for the acts of everyone who uses the Services under your account. Results are licensed to you for your internal use in the matter, and you may not resell them or share them with opposing parties. You must tell us within 48 hours of discovering any misuse.

FCA may suspend or terminate your access to the Services immediately, with or without notice, for non-payment, misuse of the Services or results, breach of these Terms, or suspected fraud. Termination does not relieve you of payment for work performed or results delivered, and Sections that by their nature should survive remain in effect.

16. Confidentiality and records

We treat the information you submit and the results we deliver as confidential and use them only to perform and bill the Services, to keep records, to resolve disputes, to comply with law, and to share with research partners bound to confidentiality, except where disclosure is required by law, subpoena or court order. You agree to keep our methods and research partners, and any non-public discounts or negotiated rates, confidential. We may retain request and result records for as long as we consider necessary for these purposes and may use de-identified, aggregated information to operate and improve the Services. See our Privacy Policy.

17. Limitation of liability

To the fullest extent permitted by law, FCA, its partners, affiliates, employees, agents and contractors are not liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including lost profits, goodwill, case value, settlement value or reliance damages, whether in contract, tort or any other legal theory. FCA’s total liability for all claims relating to a request is limited to the fees you paid for that request. These limits apply even if a remedy fails its essential purpose. Any claim must be brought within one year after the result was delivered or the claim arose, and is barred afterward to the extent permitted by law.

18. Indemnification

You agree to indemnify, defend and hold harmless FCA, its partners, affiliates, employees, agents and contractors from any claims, damages, losses and expenses, including attorneys’ fees, arising from (a) your breach of these Terms; (b) improper or unlawful use of the Services or results; (c) information you provide that is inaccurate, incomplete or misleading; (d) any request that is false, unauthorized or made without a legitimate legal matter; and (e) any action you or your clients take based on information we provide, including claims by third parties.

19. No admissions

No statement, communication or action by FCA or its employees, agents or contractors is an admission of fault, negligence or liability. We may correct errors without acknowledging liability, and all corrections and clarifications are for information only.

20. Events outside our control

FCA is not responsible for any delay or failure caused by events beyond our reasonable control, including natural disasters, government action, outages or changes at carriers, courts, data sources or networks, strikes, pandemics or war.

21. Electronic communications and notices

You consent to receive invoices, reminders and notices by email at the addresses you provide, and agree that a checkbox, typed name, electronic signature or submission of a request is as binding as a handwritten signature. You also consent to receive demands, notices and arbitration filings relating to these Terms by email at the address on your request or by U.S. mail at your address on file, to the extent permitted by law. Notices to you are effective when sent. Notices to FCA must be sent to policylimits@fundcapitalamerica.com and are effective when sent to that address.

22. Changes to these Terms

We may change these Terms at any time by posting the new version with its effective date. For changes to fees, payment methods, the late fee or the credit card surcharge, we will also email notice to your billing contact before the change takes effect. The Terms in effect when you submit a request govern that request, except that the credit card surcharge, the failed-payment fees and the chargeback fee apply to every payment made or attempted on or after November 22, 2026, and continuing to use the Services after a change is acceptance of it.

23. Governing law and dispute resolution

The Services are offered nationwide. These Terms are governed by California law and the Federal Arbitration Act, without regard to conflict-of-law principles, even if you are located outside California. Any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by JAMS in Los Angeles County, California, under its rules, before one arbitrator, and judgment on the award may be entered in any court with jurisdiction. Disputes will be brought only in an individual capacity, not as a class, collective or representative action. Either party may seek injunctive relief in court, and FCA may bring an action in the state or federal courts located in Los Angeles County, California, to collect unpaid invoices, to which jurisdiction you consent. The prevailing party in any dispute is entitled to recover its reasonable attorneys’ fees and costs.

24. General

These Terms, the request form, the fees in Section 5 and each invoice are the entire agreement between you and FCA and replace prior discussions. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions remain in full force and effect. FCA may assign these Terms; you may not without our written consent. Our failure to enforce any provision is not a waiver. Sections that by their nature should survive, including those on payment, fees, disclaimers, liability, indemnification, confidentiality and dispute resolution, survive termination. No one other than you and FCA, and the persons protected in Sections 17 and 18, has rights under these Terms. Headings are for convenience only.

25. Contact

Aspen Holdings, LLC d/b/a Fund Capital America, 1033 Gayley Ave., Suite 113, Los Angeles, CA 90024. Policy limits: policylimits@fundcapitalamerica.com. Payments and invoices: onlinepayment@fundcapitalamerica.com.