Legal

"PER USE" USER AND LIMITATION OF LIABILITY AGREEMENT

IMPORTANT-READ CAREFULLY: This "Per Use" User and Limitation of Liability Agreement (the "Agreement") is a legal Agreement between you the individual Consumer ("you") and First American Flood Data Services ("First American") for the use of First American's website www.floodinfo.com (the "Website"). By using the Website, you agree to be bound by the terms of this Agreement. You certify that the information that you provide is true and correct. You certify that you are over eighteen (18) years of age. If these conditions are not true or if you do not agree to the terms of this Agreement, First American is unwilling to provide you any services available through the Website and you are expressly prohibited from ordering any services or obtaining any information made available through the Website.

1. DESCRIPTION OF RIGHTS AND LIMITATIONS.

1.1 You may use the products, data, information, documents, or materials which you view, read, learn, or receive through the Website or through the services which First American provides to you only for the purposes described in Section 2.5 below and not for any other purposes. You may not use the data, or any portion thereof, to build or enhance any database in any form for resale or distribution.

1.2 You may not assign any rights under this Agreement to any third party.

1.3 This Agreement is a "per use" Agreement and nothing in this Agreement should be construed as indicating or establishing an ongoing relationship.

1.4 All title, copyrights and trademarks that are related to First American, the internet site www.floodinfo.com, or other First American services are owned by First American. First American has the right to change, modify or add to the terms and conditions governing the services offered through this site and such changes shall become effective as of the date of posting onto this site. All rights not specifically granted under this Agreement are reserved by First American.

2. SERVICES PROVIDED.

2.1 The Agreement enables you to request a service (a "Service") of First American as discussed in section 2.5 below which is subject to change in the future based upon the Services being offered.

2.2 You shall make a request for Services through the Website by following the instructions on the Website, including but not limited to the instructions for providing accurate contact information, order information, property information, and other documentation required by First American as described on the Website or as requested by First American's help desk group that will contact you. You agree to cooperate with First American employees and any third parties that contact you with respect to the Services.

2.3 You acknowledge that the Services offered involve the actions and participation of third parties, both from the private sector and the government sector, which act beyond the control or influence of First American; therefore, First American cannot provide any assurances, guarantees, or expectations as to the timeframe by which the Services will be completed. You agree to notify First American in the event that your contact information changes or a transfer of ownership of the property occurs during the course of the Services provided by First American.

2.4 According to First American's Privacy Policy, First American agrees to safeguard the information you provide as listed in 2.2.

2.5 Subject to change in the future, the Services offered on the Website include:

a) Elevation Certificate service: You may order an Elevation Certificate through the Website. The Elevation Certificate is a administrative document of the Federal Emergency Management Agency's National Flood Insurance Program (FEMA Form 81-31) which is to be used "to provide elevation information to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR-F)." These are the only valid uses for the Elevation Certificate ("Authorized Uses").

i) The Elevation Certificate received through the Services, or the information or data contained therein, is not to be used for any other purpose, including but not limited to the following ("Prohibited Uses"):Determination of the need for flood insurance; Determination of whether a lender must require flood insurance pursuant to the Flood Disaster Protection Act of 1973 and its amendments; Decision to purchase flood insurance; Real Property Valuation purposes; Decision to purchase a Property.

ii) First American does not complete the Elevation Certificates itself but coordinates through a network of professional land surveyors or engineers to complete the Elevation Certificates. First American does not warrant or certify the accuracy of the data on the Elevation Certificate. First American is not a surveying company, engineering company, land surveying company, and does not perform surveying, land surveying, or engineering services.

iii) Adverse impact: You acknowledge that by ordering and receiving Services through the Website that the outcome may not be what you intended or anticipated. First American expressly denies any assurances as to the outcome of any LOMA or LOMR-F application, or any insurance policy premium rating, or any building permit application which is sought after using the Elevation Certificate obtained through the Website. Despite any comments or opinions expressed to you verbally, or otherwise, by First American employees, First American provides no warranty, advice, or guarantee as to the advisability of using the Elevation Certificate for any of the Authorized Uses. You acknowledge that you will not receive a refund for the Services that you paid for in the event that the outcome is not favorable in your opinion.

b) LOMA/LOMR-F Assistance service: You may request assistance with an application to FEMA for a LOMA or LOMR-F through the Website. A LOMA (MT-EZ or MT-1 form) or LOMR-F (MT-1 form) application is a FEMA form used to initiate the process through which FEMA will review technical data on a property to determine whether or not a given property is within the Special Flood Hazard Area based upon the technical data submitted.

i) You are not required by FEMA to use the Website or First American or any other third party service to apply for a LOMA or LOMR-F. You may obtain, complete, and submit an application on your own behalf as well as work with FEMA through the review process. By using the Website for this Service, you are voluntarily requesting First American to work on this process.

ii) You acknowledge that for the purposes of this Service, and only for the purpose of this Service, that First American is an "authorized person" to work with FEMA through this process.

iii) You acknowledge that FEMA may respond with a request for additional fees or additional data or additional documentation that requires an additional expense and that you will pay any additional fee requirements related to the LOMA or LOMR-F application. If you choose to not pay the additional fees and FEMA is not able to complete the LOMA or LOMR-F review process and closes the review then you understand that you waive any right to a refund of the Services for which you paid through the Website.

iv) You acknowledge that even if a LOMA or LOMR-F is granted on the property that there is no guarantee that a given financial institution which holds a loan on your property will remove the flood insurance requirement on the property. If your primary purpose in seeking a LOMA or LOMR-F is to remove the financial institution's flood insurance requirement on your property, then prior to ordering this Service you should inquire with your financial institution as to whether or not they will remove the flood insurance requirement upon FEMA's issuance of a LOMA or LOMR-F.

iv) Adverse impact: You acknowledge that by ordering and receiving Services through the Website that the outcome may not be what you intended or anticipated. First American expressly denies any assurances as to the outcome of any LOMA or LOMR-F application ordered and paid for through the Website. Despite any comments or opinions expressed to you verbally, or otherwise, by First American employees, First American provides no warranty, advice, or guarantee as to the advisability of applying for a LOMA or LOMR-F for any purpose. First American cannot guarantee and offers no opinion as to whether or not obtaining a LOMA or LOMR-F will result in any particular outcome, including but not limited to the following: Lower flood insurance premium rates; Removal of the flood insurance requirement on a loan; Assurance that your property is not at risk of flooding; Advisability of dropping your flood insurance policy; or an Increase in the marketability or value of your property.

3. REPRESENTATIONS, WARRANTIES AND INDEMNITIES.

3.1 First American agrees to make reasonable and good faith efforts to perform its duties under this Agreement.

3.2 The foregoing representation and warranty is made for your benefit only./p>

3.3 THE FIRST AMERICAN INFORMATION, INCLUDING WITHOUT LIMITATION ANY DATA, PRICES, AND QUOTATIONS CONTAINED HEREIN, ARE SUBJECT TO CHANGE WITHOUT NOTICE AND THEY DO NOT CONSTITUTE AN OFFER, BUT ARE MERELY INFORMATIONAL AND FOR YOUR CONVENIENCE. THE FIRST AMERICAN INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR OTHERWISE. THESE MATERIALS MAY CONTAIN ERRORS OF PUBLICATION OR TRANSMISSION.

3.4 FIRST AMERICAN EXPRESSLY DENIES ANY AND ALL LIABILITY UNDER ANY THEORY OR CLAIM FOR ANY TYPE OF DAMAGES RELATED IN ANY FORM TO THE SERVICES PROVIDED UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL FIRST AMERICAN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON ANY INFORMATION OBTAINED THROUGH ITS SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNEES OF ANY INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE.

3.5 FIRST AMERICAN SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER FORESEEABLE OR NOT) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE, USE OF THE PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR ASSOCIATED WITH COMPUTER VIRUSES WHICH MAY INFECT A USER'S COMPUTER. IN NO EVENT SHALL FIRST AMERICAN HAVE ANY LIABILITY FOR ANY LOSSES, COSTS, DAMAGES OR EXPENSES SUFFERED BY YOU OR ANY TENANT OF THE PROPERTY FOR LOSS OF RENTS, LOST PROFITS, DIMINUTION OF VALUE OF THE PROPERTY, OR ANY FLOOD DAMAGE WHICH OCCURS TO YOUR PROPERTY OR ANY PERSONAL PROPERTY AT THE PROPERTY. IN NO EVENT SHALL FIRST AMERICAN BE RESPONSIBLE FOR ANY AMOUNT BEYOND THE AMOUNT PAID FOR SERVICES UNDER THIS AGREEMENT.

4. MISCELLANEOUS.

4.1 This Agreement shall be governed by the laws of the State of Texas.

4.2 This Agreement may be amended from time to time by and at the sole discretion of First American. Prior versions of the Agreement will not be maintained so you are advised to print a copy of the present version if you wish to retain it for your own use.

4.3 This Agreement contains the entire understanding of the parties with respect to the matters covered herein.

4.4 Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person or entity other than you and First American any rights or remedies under or by reason of this Agreement.

4.5 This Agreement shall be binding to you and your affiliates, employees and agents.