Indemnification and Standard of Care. AccuFlood/Service Link agrees that AccuFlood's/Service Link response to an Order shall state correctly, as of the date of the response, whether or not the Maps show the Property Address (Specifically the Insurable Structures at that Property Address) to be located in a Special Flood Hazard Area (“SFHA”). The flood zone determination is based upon an examination of the then current Flood Insurance Rate Maps and Flood Hazard Boundary Maps as published by the Federal Emergency Management Agency as well as other sources of information as required by Federal law. However, AccuFlood/Service Link shall have no obligation if there is any error in a FEMA map, or if FEMA redesignates the Property Address after the date of AccuFlood's response and a life of loan service has not been selected by the Company, or for claims outside the scope of the Flood Act. Under this Agreement, AccuFlood/Service Link will hold Company harmless from and against any and all losses, claims, and damages, which result from the negligent performance of the Flood Services provided by AccuFlood/Service Link to Company. However, this indemnification and hold harmless is expressly limited by the following subsections:
a) Regulatory. AccuFlood/Service Link shall reimburse Company for any regulatory fine or penalty imposed upon Licensee by a government regulatory agency a direct result of AccuFlood's breach of the warranty set forth in Section 1. Provided, however, that Company has promptly notified AccuFlood/Service Link of the proposed agency action or hearing that could result in the imposition of such a fine or penalty, and has permitted AccuFlood/Service Link (if AccuFlood/Service Link in its discretion so chooses) to participate and appear in any such hearings or actions. This reimbursement obligation is limited to the regulatory maximum of $100,000 or the actual fine or penalty, whichever is less.
b) Remedies if in SFHA. If (A)(1) Company makes a loan to the Borrower stated on Order within six (6) months after AccuFlood's/Service Link response to that Order, secured by the Property Address shown on that Order, (2) on the date flood damage occurs at the Property Address, the Borrower is still the owner of the Property Address, the loan is secured by the Property Address, no flood insurance covering the Property Address is in effect, no other insurance covers the flood damage, and the Maps current as of the date of AccuFlood response to the Order show the Property Address was as of that date in a SFHA, (3) Company is legally liable to the Borrower for such flood damage for failure to notify the Borrower that the Property Address is in a SFHA, (4) before the Flood Date, neither AccuFlood/Service Link nor any other source shall have notified Company that the Property Address is in a SFHA and (5) after Service Link’ response to that Order but before the Flood Date, there shall not have been earlier flood damage at the Property Address; and (B) AccuFlood's/Service Link response to that Order states incorrectly that the Maps do not show the Property Address to be in a SFHA as of the date of such response, then (C) AccuFlood/Service Link shall be liable to Company for the lowest of the following: (1) the amount that would have been paid for the flood damage under the terms and limits of the Standard Flood Insurance Policy that would have covered the Property Address had AccuFlood/Service Link correctly notified Company, but limited to the maximum available under the National Flood Insurance Program for the Property Address, (2) Company’s total losses and liabilities resulting from such flood damage, or (3) Five-Hundred-Thousand Dollars ($500,000). Any financial assistance provided or to be provided by any governmental or private agency as a result of the flood shall be subtracted from the amount that AccuFlood/Service Link is otherwise obligated to pay.
c) Remedies if Not in SFHA(NSFHA). If (A)(1) Company makes a Loan to the Borrower stated on Order within six (6) months after AccuFlood's/Service Link response to that Order, secured by the Property Address shown on that Order, and (2) Company is legally liable to the Borrower for incorrectly notifying the Borrower that the Property Address is in a SFHA; and (B)(1) AccuFlood's/Service Link response to that Order states incorrectly that the Maps show the Property address to be in a SFHA as of the date of such response for the Property Address, when in fact the Maps current as of the date of Service Link’ response show the Property Address was as of that date not in a SFHA then (C) AccuFlood/Service Link shall be liable to End Customer for all Standard Flood Insurance Policy premiums paid by the Borrower (if any) to cover the Property Address after the later of the date of the Loan and the date of AccuFlood/Service Link breach under (B) above, until the first to occur of (1) AccuFlood/Service Link or some other source notifies End Customer that the Property Address is not in a SFHA, (2) the Property Address is according to FEMA in a SFHA, or (3) the Property Address ceases to secure payment of the Loan. Any refund of premiums to which the Borrower is entitled shall reduce the amount otherwise payable hereunder.
d) Remedies if Partially in a SFHA. If Company determines that a Property Address is “Partially In” a SFHA this will be so noted on the FEMA Standard Flood Hazard Determination Form in the comments section. In such a case AccuFlood may need a survey or plat map depicting the location of the Insurable Structures on the land parcel in order to determine if part or all of the Insurable Structures is in the SFHA. If Company cannot provide AccuFlood/Service Link with the requisite document, AccuFlood/Service Link is not responsible for determining the SFHA/NSFHA status of the Insurable Structures. In such a case, it is in the sole discretion and responsibility of the Company to decide whether or not to require the borrower to obtain flood insurance and, AccuFlood/Service Link has no liability related to the consequences of that Company decision.
e) Insurance. Performance under the above is backed by a claims made E&O Insurance policy. AccuFlood/Service Link agrees to use reasonable efforts to keep in full force and effect, an Errors and Omissions Liability Insurance Policy in the minimum of at least five million dollars ($5,000,000) aggregate policy limit, issued by a company having an “A-” or equivalent rating by A.M. Best.
f) Notice of Claim: Company will promptly notify AccuFlood/Service Link of any situation where Company has actual knowledge of a situation that may lead to a claim and in any case within thirty (30) of first becoming aware of a claim. AccuFlood/Service Link will have no obligation to Company or Plaintiff beyond those specified in this Article of this Agreement and therefore, Company is discouraged from making any settlements with Plaintiff’s independent of AccuFlood/Service Link.
g) No Third Party Beneficiaries: No provisions of this Agreement creates nor is this Agreement intended to create any rights in or confer any benefits upon, any person other than the parties hereto.
h) Sole Remedy. The Indemnification and Remedies specified herein are the only ones available under this Agreement. Therefore, Company is discouraged from making any settlements with a plaintiff independent of AccuFlood/Service Link.
i) Within Scope of Flood Act: The Indemnification and Remedies specified herein only covers claims arising within the scope of duties prescribed in the Flood Act. Any claims outside the scope of the Flood Act are not covered by this Indemnification and Remedy
AccuFlood is an added insured under the E&O Policy of Service Link.
AccuFlood Privacy Statementback to AccuFlood's Home
Effective Date: October 1, 2004
This website is owned and operated by AccuFlood.
At AccuFlood, we are concerned about protecting your privacy. The following discloses our information gathering and dissemination practices for the site: http://www.accuflood.com.
The site asks for certain information about the user, i.e., name, mailing address, telephone number fax number and/or e-mail address. Collectively, we refer to this as your contact information. We use this contact information to send the user pertinent information about an order or additional information about our products and services. In addition, a user's contact information may be used to contact that user directly.
AccuFlood does not sell or rent your contact information to non-affiliated third parties. We will not release your information to non-affiliated parties except when required to disclose such information by law or in response to a request from a law enforcement agency or authority.
We log all connections to our web servers. Those log files include your IP address. An IP address is not personally identifiable information, but general information about your location, connection to the Internet and your Internet Service provider. We may use your IP address to help cure problems with our server and administer to our website. Also, your IP address is used to gather broad demographic information.
In compliance with the Children's Online Privacy Protection Act, 15 U.S.C., sections 6501 - 06 and 16 C.F.R., sections 312.1 - 312.12, our site does not permit children under 13 years of age to become users, and we do not collect information from children. By using our site your represent that you are not under 13 years of age.
AccuFlood has implemented security measures to protect our site against loss, misuse and alteration of the information under our control; however, AccuFlood does not guarantee the performance or adequacy of such security measures.
PROCESS FOR NOTIFICATION OF CHANGE
AccuFlood's Refund Policy
AccuFlood provides a documented service to it's customers. Once said service has been rendered there will be no refund issued. If however, in the event that we are unable to render services ordered, or there is error in processing, there will be no charge for said services.