By using the web site at www.floodbuddy.com (the "Site") or its services, you acknowledge that you have read and understand these terms and conditions of use (the "Terms") and agree to be bound by them. FloodBuddy Insurance Agency and its affiliates (collectively, "we," "us," or the "Company") may change or modify the Terms from time to time. Please review the Terms to ensure your acceptance. If you do not agree to the Terms, you are not authorized to use the Site or its services.
1. FloodBuddy® Report. By submitting a FloodBuddy® Report request, you authorize us to conduct preliminary property identification, flood zone determination, and rate research necessary to provide you with a FloodBuddy® Report. The FloodBuddy® Report is a non-binding, good faith estimate of the cost of an annual flood policy insurance premium for the property specified in the request. You acknowledge that the FloodBuddy® Report is an estimate only, and is not a promise, guarantee, or agreement regarding flood insurance, or any related goods or services. While we make every effort to provide you with the best information available, we do not warrant, guarantee, or make any representation to you regarding the use, or the results of the use, of the FloodBuddy® Report, including but not limited to its accuracy or reliability.
2. Flood Insurance Application and Policy. The FloodBuddy® Report is not a flood insurance policy, nor does it create a promise to provide or an obligation to purchase flood insurance coverage. Any flood insurance application, agreement, or policy covering the property specified in the FloodBuddy® Report is a separate transaction, and is not governed by these Terms. After providing you with your FloodBuddy® Report, we may contact you directly regarding your interest in applying for a flood insurance policy. Flood insurance policies must be agreed to by all parties in writing, and in compliance with conditions established in connection with FEMA's National Flood Insurance Program (NFIP).
3. Authorized Agent of NFIP. We are authorized NFIP insurance agents (Direct Service Agent #91-0788837). We are authorized to transact flood insurance quote, sales and service in the all 50 states, the District of Columbia, and the territories of the United States on behalf of NFIP. The NFIP is administered by FEMA, which works with private insurance companies to distribute standardized flood insurance products to property owners who are part of a participating community. Communities must apply to the NFIP and meet certain requirements established by FEMA in order to qualify for federally-backed flood insurance.
4. Disclosure and Use of Personal Information. All personal information submitted by you via the online FloodBuddy® Report request form will be used and disclosed only as set forth in our Privacy Notice, which is part of these Terms and which is incorporated herein by reference.
5. Intellectual Property. The content on this Site is protected by United States and international copyright and trademark laws. All trade names, trademarks, service marks and other product and service names and logos on the Site or in its content are the property of their respective owners, and may not be used without prior written consent of the owner of the mark.
6. Third-Party Web Sites or Content. This Site may contain links to other unrelated web sites on the internet. The Company is not responsible for content, accuracy, copyright compliance, decency standards, or other materials on such sites. The Company makes no representations or warranties regarding the security of any information you make available to third-party web sites. The Company is not liable for any loss or damages incurred as the result of your business dealings with third parties.
7. Disclaimer of Warranties and Limitation of Liability.
THIS SITE AND ALL CONTENT, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS SITE, ITS CONTENT OR SERVICES, OR PRODUCTS REQUESTED THROUGH THIS SITE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. Indemnification. You will indemnify and hold the Company harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), arising out of your use of this Site, or its services or products, your breach of these Terms, or your violation of the law or any rights of a third party.
9. Applicable Law. This Site is maintained through the Company's offices located in Seattle, Washington. Accordingly, these Terms shall be construed in accordance with the laws of the State of Washington without regard to conflict of law principles.
10. Arbitration of Disputes.
Any dispute arising out of or relating in any way to your use of this Site or its services or products will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Seattle, Washington, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorney fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms, the arbitrator shall be authorized to award either party any remedy permitted by applicable law.
Alternatively, at the Company's sole discretion, a claim may be adjudicated in the state or federal courts located in King County, Washington. By using this Site, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in King County, Washington.
11. Severability. If any provisions of these Terms are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.
12. Notices. You consent to receive electronic communications from us via email or posting on this web site and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.
13. Amendment. The Company may supplement or amend these Terms from time to time by posting the supplemented or amended Terms on the Site. Any such supplemented or amended Terms will become part of your agreement with the Company.