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Terms of Use Welcome to www.wsrb.com. We provide this web site to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. 1. GENERAL Copyright © 2001 - 2010, Washington Surveying and Rating Bureau. (WSRB). All Rights Reserved. No part of the material and databases in this site may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any human or computer language, in any form or by any means whatsoever without the express permission of Washington Surveying and Rating Bureau, 200 1st Avenue West, Suite 500, Seattle, WA 98119.
WSRB currently provides authorized users with access to its various products and
services (the "Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service shall be subject to the TOU.
You understand and agree that the Service is provided "AS-IS" and that
WSRB assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WSRB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WSRB has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 4. PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY The Service is intended for use by authorized employees and representatives of subscribing insurance companies. You will receive a password and account designation upon completing the Service's registration process. You (and your employer) are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WSRB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WSRB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. INDEMNITY You agree to indemnify and hold WSRB, its subscribers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of your use of the Service. 7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 8. MODIFICATIONS TO SERVICE WSRB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WSRB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 9. TERMINATION You agree that WSRB, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if WSRB believes that (a) you have violated or acted inconsistently with the letter or spirit of the TOU, or (b) no longer meet the definition of an "Authorized user." WSRB may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that WSRB may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WSRB shall not be liable to you or any third-party for any termination of your access to the Service. 10. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WSRB has no control over such sites and resources, you acknowledge and agree that WSRB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WSRB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 11. WSRB'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that information presented to
you through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
WSRB, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WSRB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. WSRB MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WSRB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. 13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WSRB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WSRB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. 14. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 15. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service. 16. GENERAL INFORMATION The TOU constitute the entire agreement between you and WSRB and govern your use
of the Service, superceding any prior agreements between you and WSRB. You also
may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOU and the
relationship between you and WSRB shall be governed by the laws of the State of
Washington. You and WSRB agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of King, Washington. The failure of WSRB to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOU must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
E. The user expressly acknowledges that the FEMA flood model data and graphics displayed may contain some nonconformities, defects, or errors. WSRB does not warrant that the data will meet the user's needs or expectations, that the use of the data will be uninterrupted, or that all nonconformities, defects, or errors can or will be corrected. WSRB is not inviting reliance on these data, and the user should always verify that the data displayed conforms with actual conditions. The user acknowledges that actual flood conditions may not conform to the data and graphics displayed herein. Each property should be evaluated by a physical inspection. No final decisions should be made from this information. THE DATA AND ANY RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, OR NONINFRINGEMENT. THE ENTIRE RISK OF USE OF THE DATA SHALL BE WITH THE USER. Limitation of Liability: IN NO EVENT SHALL WSRB BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND ANY RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WSRB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY. |