TERMS OF SERVICE

www.statewidefloodinsurance.com
Effective date: June 22, 2023

  1. Introduction

This Statewide Flood Insurance Services website and the Statewide Flood Insurance Services Mobile Applications on Google Playstore and Apple App Store (Collectively referred to as “website”, “site”, “App” or “platform”) are owned and operated by Statewide Flood Insurance Services from the United States.

Throughout the platform, the terms “we”, “us” and “our” refer to Statewide Flood Insurance Services. We offer this website, App including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our platform and/or when purchasing any of our product or service, you (“User” or “Client”) engage in our “Service” and agree to be bound by the following terms and conditions/terms of use (“Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, clients, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES.

  1. General Information

  • Statewide Flood Insurance Services offers insurance agent services. To find out more information about what we do, please refer to our Site or App.
  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
  1. Eligibility

3.1 Age Requirement: The use of Statewide Flood Insurance Services website, App, and services is limited to individuals who are at least 18 years old. By accessing or using the platform, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may only use the platform with the consent and supervision of a parent or legal guardian.

3.2 Contractual Capacity: By accessing or using the platform, you affirm that you have the legal capacity to enter into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not have the legal capacity to enter into these Terms and Conditions, or if your access to the platform is prohibited by law, you must not use the platform.

3.3 Parental Consent: If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before accessing or using the platform. Your parent or legal guardian should review these Terms and Conditions and explain them to you to ensure your understanding and compliance.

3.4 Compliance with Laws: You agree to comply with all applicable laws, regulations, and legal obligations when using the Statewide Flood Insurance Services website, App, and services. It is your responsibility to ensure that your use of the platform is in accordance with the laws of your jurisdiction.

3.5 Account Responsibility: If you create an account on the platform, you are responsible for maintaining the confidentiality of your account information, including your username and password. You must not share your account credentials with any third party. You are solely responsible for all activities that occur under your account.

3.6 Termination of Access: Statewide Flood Insurance Services reserves the right to deny access to the platform to any user who does not meet the eligibility requirements stated in these Terms and Conditions or who violates any applicable laws or regulations.

3.7 Verification of Information: Statewide Flood Insurance Services may request additional information or documentation to verify your eligibility to use the platform. You agree to provide accurate and truthful information in response to such requests.

3.8 Updates to Eligibility Requirements: Statewide Flood Insurance Services reserves the right to update or modify the eligibility requirements at any time and without prior notice. It is your responsibility to review these Terms and Conditions periodically to ensure that you meet the current eligibility criteria.

3.9 Parental Review: If you are a parent or legal guardian and become aware that your child has accessed or used the Statewide Flood Insurance Services platform without your consent, please contact us immediately at service@californiafloodinsurance.com so that we can take appropriate action.

  1. Permitted use 

You agree to use the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by Statewide Flood Insurance Services;
  2. Gain unauthorized access to Statewide Flood Insurance Services’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Statewide Flood Insurance Services’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Statewide Flood Insurance Services in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
  1. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site and Services or any of the contents of this platform; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

  1. Accounts, Registrations, and Passwords

If you use this platform and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Statewide Flood Insurance Services is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Statewide Flood Insurance Services.

  1. Intellectual Property Rights

Your use of the platform and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at service@californiafloodinsurance.com

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

  1. Monitoring Activity

Statewide Flood Insurance Services has no obligation to monitor this platform or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Statewide Flood Insurance Services has no obligation to display or post any content.

  1. Digital Millennium Copyright Act

Statewide Flood Insurance Services expects all users to respect the intellectual property rights of others. Statewide Flood Insurance Services may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at service@californiafloodinsurance.com.  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Statewide Flood Insurance Services to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STATEWIDE FLOOD INSURANCE SERVICES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

  1. Limitation of Liability

To the extent permitted by applicable law, Statewide Flood Insurance Services shall not be liable to you or any third party for any indirect, incidental, consequential, punitive, or special damages arising out of or in connection with the Site or the Terms and Conditions. This limitation of liability applies even if you have been advised of the possibility of such damage and regardless of the legal basis of the claim, whether in contract, tort, strict liability, or otherwise.

This limitation of liability includes, but is not limited to:

(i) Errors, mistakes, or inaccuracies in any Content, and any loss or damage incurred by you as a result of your use or reliance on the Content.

(ii) Transmission of bugs, viruses, Trojan horses, or similar harmful elements that may infect your equipment, as well as mechanical or electronic equipment failures.

(iii) Unauthorized access to or use of the Site or our secure servers, including any personal or financial information stored therein.

(iv) Theft, operator errors, strikes, labor problems, or any force majeure events.

In no event shall the total liability of Statewide Flood Insurance Services exceed the amount paid by you, if any, for accessing or using the Site.

Please note that certain jurisdictions may not allow the exclusion or limitation of liability for certain types of damages. If any such laws apply to you, our liability shall be limited to the fullest extent permitted by law.

  1. Indemnification

You agree to indemnify and hold Statewide Flood Insurance Services and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the platform, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  1. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of the United States where Statewide Flood Insurance Services is operating in and you hereby submit to the exclusive jurisdiction of the Virginia courts.

  1. Children

If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

  1. Privacy

For more information on how we collect your information and cookies, please refer to our Privacy Policy.

  1. Links To Other Web Sites

Our site may contain links to third-party web sites or services that are not owned or controlled by us. Statewide Flood Insurance Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  1. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

  1. Severability

In the event that any provision of these Terms and Conditions is deemed invalid, void, or unenforceable for any reason, such provision shall be considered separate and independent from the remaining terms and conditions. The invalidity or unenforceability of any specific provision shall not affect the validity or enforceability of the other provisions..

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

Statewide Flood Insurance Services is not liable for any delays caused by circumstances beyond Statewide Flood Insurance Services’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Statewide Flood Insurance Services concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Statewide Flood Insurance Service’s right to act concerning subsequent or similar breaches.

  1. Term and Termination

This agreement becomes effective the date that you first access the platform and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Statewide Flood Insurance Services shall survive any termination.

  1. Dispute Resolution

Any disputes arising out of or relating to these Terms and Conditions, including its interpretation, validity, breach, or termination, shall be resolved through binding arbitration in accordance with the rules and procedures of a recognized arbitration organization mutually agreed upon by the parties. The arbitration shall be conducted in the English language in San Diego, California and the decision rendered by the arbitrator(s) shall be final and binding. Each party shall bear its own costs associated with the arbitration proceedings.

  1. Consent for Marketing Communications

By providing your contact information, including your mobile phone number, you consent to receive marketing communications from us, which may include SMS/text messages. These communications may include promotional offers, updates, and other information related to our products or services.

You have the right to opt-out of receiving marketing communications at any time. To unsubscribe from such communications, you can follow the instructions provided in the messages or contact us directly. Please note that even if you opt-out of receiving marketing communications, we may still send you non-promotional messages relating to your transactions or account with us.  

Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email to service@californiafloodinsurance.com

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