PORTADAM, INC. STANDARD TERMS AND CONDITIONS AND DISCLAIMERS AND TERMS OF USE
Portadam, Inc. floodRISKdata™ (“Portadam” and “floodRISKdata™”) is powered by Coastal Risk Consulting, LLC (“CRC”), producing reports using state-of-the-art flood, climate, and natural hazard screening-level tools to assess potential risks to individual properties, at the parcel level, from events such as: riverine flooding, heavy rainfall, storm surge, tidal flooding, and progressive sea level rise. Other natural hazards and government risk zones and categories, such as Wind Zones and Evacuation Zones may also be analyzed and reported in some reports. These specialized tools allow customers to assess the current and future risk status of specific properties.
Portadam floodRISKdata™ reports, powered by CRC, are provided only as risk assessments, based upon best-available government and peer-reviewed data and information available at the time of delivery of the final product to the end user.
Agents, Clients, and Customers of Portadam who order and receive floodRISKdata™ reports are defined as “End Users” and are referred to as “You” and “Your” along with “Clients” and “Customers.” Your purchase and use of these products indicates acceptance of the following Disclaimers, Terms of Use and Privacy Policy. If floodRISKdata is purchased by an Agent for a Client, and these Terms and Conditions are accepted by Agent on behalf of Client, such acceptance is deemed End-User acceptance and both parties are considered End-Users for the purposes of these Terms and Conditions.
By purchasing and/or using floodRISKdata™, End Users acknowledge that they have read these Disclaimers and Terms of Use, and agree to be bound by them.
DISCLAIMERS
Neither Portadam nor CRC is a law firm, engineering, architecture firm, lender, insurance company or insurance agency, mortgage broker, underwriter, loan processor or loan originator and is not offering legal, investment, lending, insurance, engineering or architectural services of any kind in any state, province, territory or country. Neither Portadam nor CRC is a substitute for an attorney or a law firm, a licensed engineer, architect, bank, mortgage lender, contractor, insurer, or any other type of entity described herein. Neither Portadam nor CRC aides nor assists in negotiations or discussions with any government or private third parties.
Neither Portadam nor CRC assumes or takes responsibility for any action, result, or consequence related directly or indirectly to the use of the floodRISKdata™ product delivered to the End User or to any third parties who may obtain the report or copies thereof.
Neither Portadam nor CRC provides any kind of advice, opinion, or recommendation, about your legal obligations, rights, remedies, defenses, options, or strategies.
TERMS OF USE
floodRISKdata™ is intended only for the specific individual properties submitted for study and analysis by Portadam, powered by CRC, and for the date on which the report is produced.
Each Report purchased and/or used by the End User is only valid for the specific address or addresses supplied and paid for by the consumer and for the date on which the product is first delivered. These products are not transferrable to any other person or entity and are not assignable. These products are intended for the use only by Clients and Customers of Portadam, Inc. and not any third-party or entity. The reports are intended only for the specific individual properties submitted for study and analysis by Coastal Risk Consulting, LLC.
Each client of Portadam floodRISKdata™ acknowledges that the content and output of this report is based upon current government and peer-reviewed data and research on climate and geophysical impacts, including but not limited to: riverine flooding, heavy rainfall, storm surge and sea level rise. End Users of floodRISKdata™ also acknowledge and agree that this scientific data and research, as well as public policy laws, regulations, and rules are constantly evolving. Results as described in these reports can and probably will change over time, depending upon many dynamic factors. Some of these factors are site-specific and are not included in these reports, such as localized land subsidence, erosion, and the impacts of local engineered mitigations (e.g., pumps, pipes, berms, and levees). Public policy, laws, regulations and rules relating to coastal risks (storm surge, tidal flooding and sea level rise) are constantly evolving, complex and always in a state of change. floodRISKdata™ powered by CRC endeavors to use the latest information and data relating to specific parcels considering sea level rise, storm surge, tidal flooding and other dynamic forces.
End Users agree, when submitting information to Portadam floodRISKdata™ during the process of ordering the floodRISKdata™ product, to provide accurate and complete answers to all inquiries to help ensure accurate product results. By ordering the floodRISKdata™ product, End User represents that he, she or it has full legal authority to do so, and is solely responsible for all information provided to Portadam when ordering floodRISKdata™ and responding to any questions posed by Portadam or CRC during the production of your floodRISKdata™ report.
CRC grants End Users of floodRISKdata™ the right to download, copy, view, store and print the materials provided solely and exclusively for your personal and non-commercial use. The product reports and results do not constitute legal, engineering, construction or architectural, insurance, real estate or other advice and are not intended in any manner to do so. These reports may not be re-distributed or transmitted without the express written permission of CRC, and are for informational purposes only. No license to use floodRISKdata™ in any way other than by the End User is granted by these Terms and Conditions. Any account opened with Portadam or CRC by the End User may not be shared with others. While End Users may share floodRISKdata™ with third parties with whom the End User has or intends to have a business relationship, such as insurance agents, mortgage brokers, architects or remediation engineers, neither CRC nor Portadam are liable in any way for any reliance on the report by any third- party, who has not paid for the report and accepted all of these Disclaimers and Terms and Conditions. You agree that you will not allow, permit, encourage or assist any third party to use the materials wholly or partially contained within floodRISKdata™ for any purposes other than your own personal benefit. No contractual relationship or duty of care or reliance is established by the sale or transfer of floodRISKdata™ to any third party or entity which is not a confirmed Customer or Client of Portadam and is not in contractual privity with Portadam and where the third party has not accepted all of the Disclaimers and Terms and Conditions.
End users of this product agree not to modify, disassemble, create derivative works from, or reverse engineer any portion of floodRISKdata™; nor to remove, alter, obscure or modify any copyright, trademark, or other intellectual property notices that appear in floodRISKdata™. The work product materials created by Portadam (any and all reports or studies and associated materials), powered by CRC, for the End Users may not be published or transmitted, in any manner, or posted on any website, blog or social media platform or service, in whole or in part.
You agree not to use the information, data and analysis in any improper, unlawful or unethical manner. These products are not transferrable to any other person or entity and are not assignable, except as expressly provided for herein.
NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY PORTADAM, INC. or COASTAL RISK CONSULTING, LLC, REGARDING ANY CONTENT, SERVICES AND PRODUCTS. CRC PRODUCTS ARE PROVIDED “AS IS,” AND “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS. PORTADAM and COASTAL RISK CONSULTING, LLC, EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW. TO THE FULL EXTENT PROVIDED BY LAW, PORTADAM and CRC MAKE NO REPRESENTATIONS OTHER THAN WHAT IS IN THE floodRISKdata™ PRODUCT DELIVERED TO THE END USER.
Neither Portadam nor CRC makes any express or implied representations about how, if at all, the U.S. Federal Government, any other national government, state/provincial, local and regional governments and private insurers and any other third parties will use these products or scores. Both Portadam and CRC are private and separate business entities and not connected with or a part of any other private or public entity.
Each legal controversy or issue depends on case-specific facts and different jurisdictions have different public policies, laws, regulations and rules. Due to these differences, you should not act or rely on floodRISKdata™ results without seeking the advice of a competent attorney licensed to practice in your state for your specific legal problems. Neither Portadam nor CRC is a substitute for legal counsel. Use of these products is not intended to, and does not, create, any form of an attorney/client relationship.
floodRISKdata™, powered by CRC, is protected by Copyright, Trade Secret and Intellectual Property laws of the United States. While publicly-available software and intellectual property materials were utilized in preparing floodRISKdata™, CRC owns all rights, title and interest in all CRC-produced products, processes, materials, look, feel, design, and organization of the CRC products; including, but not limited to, the compilation of the content, code, data, copyrights, trademark rights, database rights and other intellectual and proprietary rights associated with such materials. CRC does not make any claim to third party works. Use of these materials does not grant users of these products any ownership of any content, code, data, or materials you may be provided. All rights not expressly granted by CRC to users and any third party are reserved by CRC.
Neither Portadam nor CRC shall be liable for any damages (compensatory, consequential, special, incidental, punitive, exemplary, direct or indirect) to the End User and any third party arising out of providing the End User with floodRISKdata™ or any related service. This exclusion applies to any claim for breach of contract, negligence and any other cause of action, unless contrary to applicable law. If you have a dispute with these terms and conditions, or you have any claim against Portadam or CRC with respect to the products and services of CRC, your exclusive and sole remedy is discontinuance of the use of Portadam and CRC services and products.
Portadam reserves the right to update, amend and change these terms of service at any time at its sole discretion. Any changes will be posted https://www.Portadam.com/terms and be effective on the date stated.
These Terms of Use are governed by the laws of the State of New Jersey, without the effect of any conflict of law provisions. End User agrees to submit to the exclusive jurisdiction of the Courts of Gloucester County, New Jersey for any and all disputes, lawsuits, causes of action and claims arising out of the use of floodRISKdata™. In any dispute between the End User and Portadam regarding floodRISKdata™ or CRC services, the prevailing party shall be entitled to attorney’s fees and litigation costs and you, as the End User, agree to participate in a pre-suit mediation in Gloucester County, Pennsylvania.
End User agrees to indemnify, defend and hold harmless Portadam and CRC, their agents, employees, officers, directors and independent contractors for any breach of these Terms of Use and improper or unauthorized uses of floodRISKdata™ product materials. The duty to indemnify also covers your violation of any law or the rights of third parties.
PRIVACY POLICY
Both Portadam and CRC respect your privacy rights. In all communications with Portadam and CRC, we will not provide your e-mail, phone number, name, address or any other information about you, including any credit/debit card information, to any third party without your specific written or electronic authorization. The content of your communications will not be shared with any advertiser or unauthorized third party. Customers and Clients of Portadam may be asked to complete questionnaires concerning their properties to help Portadam and CRC improve delivery of services and products. This information will also be protected and not shared with any unauthorized persons or entities. Our privacy policy covers all information you send to Portadam and Portadam provides to CRC.
If you call Portadam, such calls may be monitored or recorded for quality assurance. The contents of your call with not be shared with any third party unless required by applicable law.
Portadam will use personal information when it has a good faith belief that it is necessary to comply with any applicable law or order or subpoena of and from a Court of competent jurisdiction, to prevent fraud, to investigate any violation of the Portadam Terms of Use, or to protect against any harm to Portadam, CRC, or other third parties.
If you have questions or concerns about this privacy policy, please contact Portadam by sending an e-mail to portadamwebrequest@portadam.com.