Terms of Service

FLOODSMART INSURANCE INC.

Terms of Service

Effective Date: February 12, 2005

Last Updated: June 9, 2026

 

ARTICLE 1

ACCEPTANCE OF TERMS

1.1 Agreement to These Terms

Welcome to FloodSmart Insurance Inc. (“FloodSmart,” “Company,” “we,” “our,” or “us“).

These Terms of Service (“Terms“) govern your access to and use of the FloodSmart website located at www.FloodSmart.com, all associated webpages, mobile versions, online quote tools, electronic communications, SMS/text messaging services, forms, applications, educational resources, and any products or services made available through the website (collectively, the “Website“).

By accessing, browsing, using, submitting information through, requesting a quote from, or otherwise interacting with the Website or our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, as each may be amended from time to time.

If you do not agree to these Terms, you should immediately discontinue use of the Website and refrain from submitting personal information or requesting insurance services.

1.2 Incorporation of Related Policies

These Terms incorporate by reference and should be read together with the following documents:

  • Privacy Policy;
  • Cookie Policy;
  • SMS/Text Messaging Terms & Consent;
  • Electronic Communications & E-SIGN Consent;
  • Accessibility Statement;
  • California Privacy Notice; and
  • any additional disclosures or agreements presented during the quote, application, payment, or policy servicing process.

In the event of any conflict between these Terms and a separate written agreement signed by FloodSmart and the customer, the written agreement shall control solely with respect to the subject matter addressed therein.

1.3 Scope of Agreement

These Terms apply to:

  • visitors browsing the Website;
  • individuals requesting insurance quotations;
  • policy applicants;
  • current customers;
  • former customers accessing information;
  • mortgage professionals;
  • real estate professionals;
  • insurance professionals;
  • business partners; and
  • any person or entity accessing or using the Website.

These Terms apply regardless of the technology used to access the Website, including desktop computers, mobile devices, tablets, voice-enabled devices, APIs, or future technologies.

1.4 Electronic Acceptance

Your acceptance of these Terms may occur through any of the following actions:

  • accessing the Website;
  • clicking an “I Agree,” “Accept,” or similar button;
  • submitting a quote request;
  • sending information through an online form;
  • communicating with FloodSmart electronically;
  • submitting payment information;
  • electronically signing documents;
  • continuing to use the Website after updated Terms become effective; or
  • otherwise manifesting assent through your conduct.

Electronic acceptance shall have the same force and effect as a handwritten signature to the fullest extent permitted by applicable law.

1.5 Eligibility

The Website is intended for use by individuals and entities legally capable of entering into binding contracts.

By using the Website, you represent and warrant that:

  • you are at least eighteen (18) years of age or otherwise possess legal capacity to enter into contracts;
  • the information you provide is accurate and complete;
  • you are authorized to provide information regarding any property submitted for quotation or insurance purposes;
  • your use of the Website complies with applicable laws; and
  • you will update information when material changes occur.

If you are acting on behalf of a business, trust, partnership, corporation, association, or other organization, you represent that you possess authority to bind that organization to these Terms.

1.6 Modification of Terms

FloodSmart reserves the right to modify, revise, supplement, or replace these Terms at any time.

Updated Terms become effective upon posting to the Website unless a later effective date is expressly stated.

Material changes may be communicated through:

  • Website notices;
  • email communications;
  • customer portals (if implemented);
  • SMS notifications where appropriate; or
  • other commercially reasonable methods.

Your continued use of the Website after revised Terms become effective constitutes acceptance of the updated Terms.

1.7 No Obligation to Continue Services

Nothing contained within these Terms obligates FloodSmart to:

  • maintain the Website indefinitely;
  • continue offering any specific insurance product;
  • maintain relationships with any particular carrier;
  • provide quotations upon request;
  • accept applications;
  • renew policies;
  • continue any promotional program; or
  • provide services in every jurisdiction.

FloodSmart reserves the right to modify, suspend, discontinue, or restrict access to any portion of the Website or its services at any time without prior notice.

1.8 Reservation of Rights

FloodSmart expressly reserves all rights not expressly granted under these Terms, including the right to:

  • refuse service;
  • reject quote requests;
  • suspend Website access;
  • terminate user access;
  • investigate suspected misuse;
  • cooperate with law enforcement and regulatory authorities;
  • protect intellectual property;
  • preserve system integrity; and
  • enforce these Terms through any lawful means.

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

1.9 No Insurance Coverage Created

Use of the Website does not create an insurance policy, binder, contract of insurance, or obligation to provide insurance coverage.

Submitting information, requesting a quote, uploading documents, communicating with FloodSmart, or providing payment information does not create insurance coverage.

Coverage exists only when:

  • an insurance carrier has approved the application;
  • all underwriting requirements have been satisfied;
  • any required premium has been received and accepted; and
  • written confirmation of coverage has been issued by the insurance carrier or an authorized representative of FloodSmart.

1.10 No Professional Advice

The Website is provided for informational and educational purposes only.

Nothing contained on the Website or communicated by FloodSmart should be interpreted as:

  • legal advice;
  • tax advice;
  • accounting advice;
  • engineering advice;
  • surveying advice;
  • floodplain management advice;
  • lending advice;
  • financial planning advice; or
  • real estate advice.

Users should consult qualified professionals regarding their individual circumstances before relying upon any information presented through the Website.

1.11 Flood Information Disclaimer

Flood hazard information, flood zone determinations, Flood Insurance Rate Maps (FIRMs), Base Flood Elevations (BFEs), educational articles, calculators, and other informational resources are subject to change without notice.

FloodSmart makes no representation or warranty that such information is current, complete, or applicable to any particular property.

Flood risk is dynamic and may change due to governmental actions, engineering studies, weather events, development, erosion, drainage modifications, legislative changes, environmental conditions, or insurance carrier underwriting changes.

Users are responsible for independently verifying information relevant to their property and insurance needs.

1.12 Policy Language Controls

Educational materials, quote summaries, website content, FAQs, marketing materials, emails, SMS communications, articles, calculators, and other informational resources are intended solely to provide general information.

If any conflict exists between:

  • these Terms;
  • the Website;
  • educational content;
  • marketing materials;
  • quote summaries;
  • customer communications; or
  • other informational resources,

and the declarations, endorsements, exclusions, limitations, conditions, or other terms contained within an insurance policy issued by an insurance carrier, the insurance policy and its governing documents shall control in all respects.

1.13 Entire Understanding of Acceptance

By continuing to access or use the Website after the Effective Date, you acknowledge that:

  1. You have read these Terms;
  2. You understand these Terms;
  3. You voluntarily agree to these Terms;
  4. You intend these Terms to be legally binding; and
  5. You agree that electronic acceptance constitutes valid and enforceable acceptance under applicable federal and state law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable Washington law.

These Terms are intended to create a clear and enforceable agreement governing access to and use of the FloodSmart Website and services while preserving all rights and remedies available to FloodSmart under applicable law.

ARTICLE 2

DEFINITIONS

For purposes of these Terms of Service (“Terms“), the following capitalized terms shall have the meanings set forth below unless the context clearly indicates otherwise.

2.1 “Agreement”

“Agreement” means these Terms of Service, together with any documents expressly incorporated by reference, including but not limited to the Privacy Policy, Cookie Policy, SMS/Text Messaging Terms & Consent, Electronic Communications & E-SIGN Consent, Accessibility Statement, California Privacy Notice, and any additional disclosures or agreements presented in connection with the Website or Services.

2.2 “Applicant”

“Applicant” means any individual or entity requesting an insurance quotation, submitting an insurance application, requesting policy changes, seeking renewal, or otherwise requesting insurance brokerage services through FloodSmart.

2.3 “Carrier”

“Carrier” means any insurance company, underwriting company, reciprocal exchange, surplus lines insurer, National Flood Insurance Program servicing carrier, or other insurance entity authorized to issue or administer insurance coverage.

2.4 “Customer”

“Customer” means any individual or entity that purchases, maintains, renews, or services an insurance policy through FloodSmart or otherwise engages FloodSmart to provide insurance brokerage services.

2.5 “Electronic Communications”

“Electronic Communications” include emails, SMS or text messages, electronic disclosures, electronic signatures, online forms, website notices, digital documents, and any other communications transmitted electronically.

2.6 “FloodSmart”

“FloodSmart,” “Company,” “we,” “our,” and “us” refer to FloodSmart Insurance Inc., a Washington corporation, together with its employees, officers, directors, agents, representatives, contractors, successors, and permitted assigns.

2.7 “Insurance Brokerage Services”

“Insurance Brokerage Services” means the activities performed by FloodSmart in connection with:

  • obtaining insurance quotations;
  • comparing insurance products;
  • facilitating applications;
  • communicating with insurance carriers;
  • assisting with policy issuance;
  • processing policy changes;
  • facilitating renewals;
  • providing customer service;
  • assisting with premium payments;
  • supporting lender documentation requests; and
  • providing related insurance brokerage services.

Insurance Brokerage Services do not include legal, engineering, tax, accounting, surveying, lending, financial planning, floodplain management, or claims adjustment services unless expressly agreed in writing.

2.8 “Insurance Policy”

“Insurance Policy” means the contract of insurance issued by an insurance carrier, including:

  • declarations pages;
  • policy forms;
  • endorsements;
  • exclusions;
  • riders;
  • conditions;
  • amendments;
  • renewal documents; and
  • any documents incorporated into the insurance contract.

2.9 “NFIP”

“NFIP” means the National Flood Insurance Program administered pursuant to applicable federal law and regulations and serviced through authorized insurance companies and program administrators.

2.10 “Personal Information”

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identifiable individual or household, as defined by applicable law.

2.11 “Privacy Policy”

“Privacy Policy” means FloodSmart’s Privacy Policy, as amended from time to time, governing the collection, use, disclosure, retention, and protection of personal information.

2.12 “Quote”

“Quote” or “Quotation” means a non-binding premium estimate or coverage illustration generated through information provided by an Applicant or obtained from third-party sources.

A Quote is not an offer of insurance and does not create insurance coverage or obligate any Carrier or FloodSmart to issue a policy.

2.13 “Services”

“Services” means any products, information, tools, resources, communications, brokerage activities, educational materials, or other services provided by FloodSmart through the Website or otherwise.

2.14 “SMS Services”

“SMS Services” means text messaging communications sent or received by FloodSmart, including:

  • quote notifications;
  • customer service messages;
  • policy reminders;
  • renewal notices;
  • informational messages;
  • marketing communications where consent has been provided; and
  • other authorized text communications.

2.15 “Third-Party Provider”

“Third-Party Provider” means any independent organization that provides products or services in connection with FloodSmart’s operations, including:

  • insurance carriers;
  • wholesale brokers;
  • National Flood Insurance Program vendors;
  • mortgage companies;
  • payment processors;
  • software providers;
  • analytics providers;
  • cloud hosting providers;
  • regulatory vendors; or
  • other service providers.

2.16 “User”

“User,” “you,” and “your” mean any individual or entity accessing or using the Website or Services, including visitors, Applicants, Customers, business partners, or authorized representatives.

2.17 “Website”

“Website” means www.FloodSmart.com and all associated domains, webpages, mobile versions, subdomains, quote request systems, forms, APIs, downloadable materials, electronic resources, and future digital platforms operated by or on behalf of FloodSmart.

2.18 “Writing”

References to “writing,” “written,” or “in writing” include electronic records and electronic signatures to the fullest extent permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), applicable Washington law, and other applicable laws governing electronic transactions.

2.19 Rules of Construction

Unless the context requires otherwise:

  1. Words in the singular include the plural and vice versa.
  2. References to one gender include all genders.
  3. The terms “including,” “includes,” and “include” mean “including, without limitation.”
  4. Section headings are provided solely for convenience and shall not affect interpretation.
  5. References to statutes or regulations include any amendments, successor laws, or implementing regulations.
  6. References to days mean calendar days unless expressly stated otherwise.
  7. References to “applicable law” include federal, state, local, regulatory, administrative, and common law requirements.

2.20 Interpretation

These Terms shall be interpreted fairly and according to their plain meaning and shall not be construed against FloodSmart solely because FloodSmart drafted or prepared these Terms.

If any ambiguity exists, these Terms shall be interpreted to:

  • protect the integrity of the Website and Services;
  • preserve FloodSmart’s rights and remedies;
  • promote compliance with applicable insurance and privacy laws; and
  • give maximum effect to the parties’ intent to create a valid and enforceable agreement.

2.21 Controlling Insurance Documents

For the avoidance of doubt, the following documents are not Insurance Policies and do not create, modify, expand, or restrict insurance coverage:

  • these Terms of Service;
  • the Privacy Policy;
  • website content;
  • FAQs;
  • educational articles;
  • quote summaries;
  • premium estimates;
  • emails;
  • SMS messages;
  • marketing materials;
  • blog posts;
  • calculators;
  • customer service communications; or
  • other informational resources.

In the event of any conflict between these Terms or any Website content and an Insurance Policy issued by a Carrier, the Insurance Policy, including its declarations, endorsements, exclusions, limitations, conditions, and applicable policy forms, shall govern and control in all respects.

ARTICLE 3

ELIGIBILITY AND WEBSITE USE

3.1 Purpose of the Website

The FloodSmart Website is intended to provide educational information regarding flood insurance, facilitate insurance quote requests, assist with insurance brokerage services, provide customer support, and enable communications between FloodSmart Insurance Inc. (“FloodSmart”) and consumers, insurance professionals, mortgage professionals, and other authorized users.

The Website is provided solely for lawful purposes consistent with these Terms of Service and applicable federal, state, and local laws.

3.2 Eligibility Requirements

By accessing or using the Website, you represent and warrant that:

  • You are at least eighteen (18) years of age or otherwise possess the legal capacity to enter into binding agreements;
  • You are accessing the Website for lawful purposes;
  • You will comply with these Terms;
  • You are not prohibited from using the Website under applicable law;
  • You will provide accurate and complete information when requesting insurance services; and
  • You have the authority to submit information relating to any property or insurance transaction for which you request services.

If you are acting on behalf of another individual or business entity, you represent that you have authority to act on their behalf.

3.3 Geographic Availability

FloodSmart is licensed to provide insurance brokerage services throughout the United States.

However, Website access does not guarantee that every product, service, insurance carrier, or coverage option is available in every jurisdiction.

Certain products may be unavailable due to:

  • state insurance regulations;
  • carrier licensing limitations;
  • underwriting restrictions;
  • property characteristics;
  • flood zone determinations;
  • market conditions;
  • regulatory requirements; or
  • other business considerations.

FloodSmart reserves the right to limit or refuse services in any jurisdiction where doing so is necessary or appropriate.

3.4 Permitted Uses

Users may use the Website solely for legitimate personal or business purposes related to:

  • learning about flood insurance;
  • requesting insurance quotations;
  • obtaining educational information;
  • communicating with FloodSmart;
  • submitting service requests;
  • reviewing publicly available information;
  • making authorized payments through carrier systems; or
  • engaging in other lawful interactions with FloodSmart.

Users agree to use the Website in a manner that does not interfere with its operation or the rights of other users.

3.5 Accuracy of Information

Users are responsible for ensuring that all information submitted to FloodSmart is:

  • truthful;
  • accurate;
  • complete;
  • current; and
  • not misleading.

Users agree to promptly notify FloodSmart if material information changes, including but not limited to:

  • property ownership;
  • mailing address;
  • email address;
  • telephone number;
  • occupancy status;
  • insurance history;
  • claims history; or
  • mortgage information.

FloodSmart may rely upon information provided by users unless otherwise required by law.

3.6 No Customer Account Required

FloodSmart currently does not require customers to establish usernames, passwords, or online customer accounts to obtain quotations or access basic Website functionality.

If customer account functionality is introduced in the future, additional terms governing account registration, authentication, security, and access may apply and will become part of these Terms upon publication.

3.7 Website Availability

FloodSmart strives to maintain Website availability but does not guarantee uninterrupted access.

The Website may be unavailable due to:

  • scheduled maintenance;
  • software updates;
  • security incidents;
  • telecommunications failures;
  • internet outages;
  • hardware failures;
  • cyber events;
  • acts of God;
  • governmental actions; or
  • circumstances beyond FloodSmart’s reasonable control.

FloodSmart assumes no liability for temporary interruptions or unavailability.

3.8 Website Modifications

FloodSmart reserves the right to:

  • modify Website content;
  • change functionality;
  • discontinue features;
  • redesign interfaces;
  • update educational materials;
  • add or remove insurance products;
  • change participating carriers; and
  • improve or replace technology platforms

without prior notice.

Continued use of the Website constitutes acceptance of such modifications.

3.9 No Monitoring Obligation

FloodSmart reserves the right, but assumes no obligation, to monitor Website activity for purposes including:

  • security;
  • fraud prevention;
  • regulatory compliance;
  • quality assurance;
  • system maintenance;
  • abuse prevention; and
  • enforcement of these Terms.

Failure to monitor Website activity shall not create any duty or liability.

3.10 Temporary Suspension

FloodSmart may suspend or restrict access to all or part of the Website at any time if it reasonably believes such action is necessary to:

  • protect Website security;
  • prevent fraud;
  • investigate suspicious activity;
  • comply with legal obligations;
  • protect intellectual property;
  • prevent unauthorized access;
  • maintain system integrity; or
  • protect customers or the public.

Such suspension may occur without prior notice.

3.11 User Equipment

Users are solely responsible for obtaining and maintaining:

  • internet access;
  • mobile devices;
  • computers;
  • browsers;
  • operating systems;
  • telecommunications services; and
  • other equipment necessary to access the Website.

FloodSmart makes no representation that the Website will function on every device or software configuration.

3.12 Third-Party Networks

Users acknowledge that Website access depends upon third-party telecommunications providers, internet service providers, hosting providers, cloud service providers, and other independent infrastructure providers.

FloodSmart is not responsible for failures or interruptions caused by third parties.

3.13 Accessibility Commitment

FloodSmart is committed to providing a Website that is accessible to the broadest possible audience and endeavors to support accessibility consistent with the principles of the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA.

Users experiencing accessibility barriers are encouraged to contact FloodSmart so that reasonable efforts may be made to provide information or services through alternative methods.

Nothing contained in these Terms shall be interpreted as guaranteeing uninterrupted accessibility under every technological circumstance.

3.14 Educational Content

The Website may contain:

  • articles;
  • frequently asked questions;
  • calculators;
  • blogs;
  • videos;
  • guides;
  • checklists;
  • infographics; and
  • other educational resources.

Such materials are provided solely for general informational purposes and should not be relied upon as:

  • legal advice;
  • tax advice;
  • engineering advice;
  • surveying advice;
  • floodplain management advice;
  • lending advice;
  • financial advice; or
  • professional consulting services.

Users should consult qualified professionals regarding their specific circumstances.

3.15 AI and Automated Technologies

FloodSmart may, now or in the future, utilize artificial intelligence, machine learning, automated decision-support tools, chat assistants, or similar technologies to enhance customer service and Website functionality.

Any information generated by such technologies is intended solely to assist users and does not constitute:

  • legal advice;
  • underwriting approval;
  • insurance coverage;
  • professional recommendations; or
  • binding representations by FloodSmart or any insurance carrier.

Users remain responsible for independently verifying information relevant to their insurance decisions.

3.16 Future Technologies

These Terms apply to current and future versions of the Website and to technologies that perform substantially similar functions, regardless of whether such technologies presently exist or are later developed.

References to websites, electronic communications, cookies, forms, or digital platforms shall include successor technologies that facilitate substantially equivalent interactions.

3.17 Reservation of Website Rights

FloodSmart retains exclusive discretion to:

  • refuse access to any user;
  • decline quote requests;
  • remove or modify Website content;
  • discontinue services;
  • suspend Website functionality;
  • investigate suspected misuse;
  • preserve evidence of improper activity;
  • cooperate with regulatory authorities; and
  • pursue any legal or equitable remedies available under applicable law.

3.18 No Warranty of Continuous Accuracy

Although FloodSmart endeavors to maintain accurate Website content, information relating to:

  • flood zones;
  • FEMA maps;
  • insurance requirements;
  • premiums;
  • underwriting guidelines;
  • lender requirements;
  • carrier availability;
  • coverage options; and
  • regulatory requirements

may change without notice.

FloodSmart does not warrant that all Website information is continuously current, complete, or applicable to every circumstance.

3.19 Insurance Policy Controls

Educational content, Website information, calculators, FAQs, quote summaries, articles, blogs, emails, SMS communications, and customer service materials are intended solely for general informational purposes.

If any conflict exists between information presented on the Website and the actual insurance policy issued by an insurance carrier, including its declarations, endorsements, exclusions, limitations, conditions, or policy forms, the insurance policy shall control in all respects.

3.20 Survival

The provisions of this Article relating to eligibility representations, Website restrictions, disclaimers, reservation of rights, accessibility, educational content, limitation of responsibilities, and controlling insurance policy language shall survive termination of these Terms or discontinuation of the Website to the fullest extent permitted by applicable law.

 

ARTICLE 4

INSURANCE BROKERAGE SERVICES

4.1 Independent Insurance Brokerage

FloodSmart Insurance Inc. (“FloodSmart,” “Company,” “we,” “our,” or “us”) is an independent insurance agency and brokerage licensed to solicit, market, place, and service flood insurance products throughout the United States.

FloodSmart offers insurance products available through:

  • the National Flood Insurance Program (“NFIP”);
  • private flood insurance carriers;
  • wholesale insurance brokers;
  • managing general agencies;
  • specialty insurance markets; and
  • other authorized insurance providers.

FloodSmart is not an insurance company and does not underwrite or insure risks unless expressly identified as the issuing carrier.

4.2 Scope of Services

FloodSmart may provide brokerage services including:

  • insurance education;
  • quote comparisons;
  • risk evaluation assistance;
  • policy placement;
  • renewal assistance;
  • policy servicing;
  • endorsement requests;
  • lender documentation assistance;
  • billing inquiries;
  • customer support; and
  • other insurance brokerage services authorized by applicable law.

FloodSmart reserves the right to modify or discontinue any service at any time.

4.3 Agency Relationship

Unless otherwise required by applicable law, FloodSmart acts as an insurance producer or broker and not as:

  • an insurer;
  • a guarantor of coverage;
  • a claims adjuster;
  • an engineer;
  • a surveyor;
  • an attorney;
  • a tax advisor;
  • a floodplain manager;
  • a lender;
  • a financial advisor; or
  • a fiduciary.

No fiduciary relationship is created solely through use of the Website, submission of a quote request, or purchase of insurance through FloodSmart.

4.4 Multiple Carrier Representation

FloodSmart may represent multiple insurance carriers offering substantially similar products.

The availability of carriers may change without notice due to:

  • underwriting decisions;
  • regulatory changes;
  • carrier appointments;
  • market conditions;
  • geographic restrictions;
  • catastrophe exposure;
  • business strategy; or
  • other factors.

FloodSmart does not guarantee that every available insurance carrier or insurance product will be quoted for every customer.

4.5 No Guarantee of Lowest Premium

FloodSmart endeavors to identify competitive insurance solutions based upon the information available at the time of the request.

However, FloodSmart does not represent or guarantee:

  • the lowest available premium;
  • the broadest available coverage;
  • the most favorable underwriting decision;
  • the lowest deductible;
  • the most advantageous policy terms; or
  • access to every insurance market.

Insurance pricing and coverage vary among carriers and are subject to continuous change.

4.6 Insurance Quotes

Any quote, premium indication, estimate, comparison, illustration, or proposal provided by FloodSmart is:

  • informational only;
  • based upon information available at the time prepared;
  • subject to underwriting review;
  • subject to correction of errors;
  • subject to carrier approval; and
  • subject to change without notice.

Quotes do not constitute offers of insurance or guarantees of availability.

4.7 Customer Information

Customers are responsible for providing complete and accurate information regarding:

  • property characteristics;
  • occupancy;
  • replacement cost;
  • flood history;
  • insurance history;
  • claims history;
  • mortgage information;
  • ownership information; and
  • any other information requested by FloodSmart or an insurance carrier.

FloodSmart may rely upon information supplied by the customer unless otherwise required by law.

4.8 Duty to Review Documents

Customers are responsible for reviewing all:

  • applications;
  • quote summaries;
  • declarations pages;
  • endorsements;
  • policy forms;
  • exclusions;
  • renewal documents;
  • invoices; and
  • notices

for accuracy upon receipt.

Customers agree to promptly notify FloodSmart of any errors, omissions, or discrepancies.

Failure to review policy documents does not expand coverage or alter policy terms.

4.9 Underwriting Authority

Insurance carriers retain exclusive authority to:

  • determine eligibility;
  • establish underwriting guidelines;
  • approve or reject applications;
  • inspect properties;
  • determine premiums;
  • establish coverage limits;
  • apply exclusions;
  • cancel policies;
  • non-renew policies; and
  • modify underwriting requirements.

FloodSmart cannot override carrier underwriting decisions.

4.10 No Authority to Alter Coverage

Except as expressly authorized in writing by an insurance carrier, FloodSmart has no authority to:

  • modify policy language;
  • waive exclusions;
  • change deductibles;
  • expand coverage;
  • alter underwriting rules;
  • extend reporting periods;
  • waive waiting periods; or
  • guarantee claim payments.

Only the issuing insurance carrier may approve modifications to an insurance policy.

4.11 National Flood Insurance Program (NFIP)

NFIP policies are governed by federal law and applicable regulations.

FloodSmart does not control:

  • policy forms;
  • statutory limits;
  • waiting periods;
  • underwriting requirements;
  • rating methodologies;
  • claim procedures;
  • appeals processes; or
  • federal program requirements.

Customers are encouraged to review official NFIP policy documents before purchasing coverage.

4.12 Private Flood Insurance

Private flood insurance policies are governed by the terms established by the issuing carrier.

Private policies may differ from NFIP policies with respect to:

  • coverage limits;
  • exclusions;
  • replacement cost provisions;
  • basement coverage;
  • waiting periods;
  • cancellation provisions;
  • renewal rights;
  • deductibles;
  • additional living expenses; and
  • loss settlement provisions.

Customers are responsible for reviewing policy language before purchasing coverage.

4.13 No Claims Authority

FloodSmart may assist customers with claims communications as a customer service function.

However, FloodSmart does not have authority to:

  • determine coverage;
  • admit liability;
  • approve claims;
  • deny claims;
  • settle claims;
  • determine damages; or
  • interpret policy provisions on behalf of the insurance carrier.

Claims decisions remain solely within the authority of the issuing carrier.

4.14 Mortgage Company Communications

At the customer’s request or where reasonably necessary to service a policy, FloodSmart may communicate with:

  • mortgage lenders;
  • escrow companies;
  • loan servicers;
  • title companies; and
  • closing agents.

FloodSmart does not guarantee:

  • lender acceptance;
  • escrow processing;
  • force-placement avoidance;
  • loan compliance;
  • regulatory interpretation; or
  • satisfaction of any lender requirements.

4.15 Flood Determinations and FEMA Maps

FloodSmart may rely upon information obtained from:

  • FEMA flood maps;
  • governmental agencies;
  • flood determination companies;
  • insurance carriers;
  • third-party vendors;
  • publicly available records; and
  • customer-provided information.

FloodSmart does not warrant the accuracy, completeness, or future applicability of any flood determination or mapping information.

Flood zones, Base Flood Elevations (BFEs), and insurance requirements may change without notice.

4.16 Educational Materials

The Website may contain:

  • articles;
  • calculators;
  • FAQs;
  • videos;
  • blogs;
  • checklists;
  • guides;
  • white papers;
  • newsletters; and
  • other educational resources.

These materials are provided solely for general informational purposes and should not be relied upon as professional advice.

4.17 No Professional Services

FloodSmart does not provide:

  • legal advice;
  • tax advice;
  • engineering services;
  • surveying services;
  • floodplain management services;
  • lending advice;
  • investment advice;
  • accounting advice; or
  • architectural services.

Customers should consult appropriately licensed professionals regarding matters outside the scope of insurance brokerage services.

4.18 Communications

FloodSmart may communicate with customers through:

  • telephone;
  • email;
  • SMS/text messaging;
  • postal mail;
  • electronic disclosures; and
  • other authorized communication methods.

Customers consent to receive service-related communications reasonably necessary to administer insurance transactions.

Marketing communications remain subject to applicable consent requirements and opt-out rights.

4.19 Reservation of Brokerage Rights

FloodSmart reserves the right to:

  • decline quote requests;
  • refuse service;
  • discontinue representation;
  • terminate brokerage relationships;
  • withdraw quotations;
  • request additional information;
  • require updated documentation;
  • suspend transactions pending verification; and
  • comply with legal or regulatory obligations.

Nothing in these Terms obligates FloodSmart to place insurance with any particular carrier or to continue providing brokerage services indefinitely.

4.20 Controlling Insurance Contract

FloodSmart’s Website, educational materials, marketing content, quote summaries, emails, SMS messages, customer service communications, FAQs, calculators, and brokerage discussions are intended solely to facilitate the insurance process and provide general information.

No statement made by FloodSmart shall be interpreted to create, expand, modify, waive, or alter insurance coverage unless expressly incorporated into an insurance policy issued by the applicable carrier.

If any conflict exists between:

  • these Terms of Service;
  • the FloodSmart Website;
  • educational materials;
  • quote summaries;
  • customer communications;
  • marketing materials; or
  • any other informational resource,

and the insurance policy, declarations, endorsements, exclusions, conditions, or limitations issued by the insurance carrier, the insurance policy and its governing documents shall govern and control in all respects.

4.21 Survival

The provisions of this Article relating to brokerage authority, underwriting limitations, professional disclaimers, policy interpretation, claims authority, communications, and controlling insurance documents shall survive termination of these Terms and the conclusion of any brokerage relationship to the fullest extent permitted by applicable law.

 

ARTICLE 5

QUOTES, APPLICATIONS, AND COVERAGE

5.1 General Purpose

FloodSmart Insurance Inc. (“FloodSmart,” “Company,” “we,” “our,” or “us”) provides insurance brokerage services intended to assist consumers in obtaining flood insurance coverage from participating insurance carriers.

FloodSmart facilitates the insurance process but does not insure risks or guarantee the availability, issuance, renewal, or continuation of any insurance policy unless acting as an expressly authorized representative of the issuing carrier.

5.2 Insurance Quote Requests

Users may request insurance quotations through:

  • the FloodSmart Website;
  • online forms;
  • telephone communications;
  • email communications;
  • SMS/text messaging where applicable;
  • referrals from mortgage or real estate professionals; or
  • other authorized communication channels.

By requesting a quote, you authorize FloodSmart to use the information provided to evaluate insurance options and communicate with insurance carriers and authorized third parties as reasonably necessary to provide brokerage services.

5.3 Quotes Are Estimates Only

All quotes, premium indications, comparisons, illustrations, estimates, or proposals are provided solely for informational purposes.

Unless expressly stated otherwise:

  • quotes are not binding offers of insurance;
  • quotes do not guarantee policy issuance;
  • quotes do not create insurance coverage;
  • quotes do not obligate any carrier to provide insurance;
  • quotes may contain assumptions based upon information available at the time prepared; and
  • quotes remain subject to underwriting review and carrier approval.

Premiums and coverage may change without notice.

5.4 Accuracy of Submitted Information

You represent and warrant that all information submitted to FloodSmart is:

  • true;
  • accurate;
  • complete;
  • current; and
  • provided in good faith.

This includes information relating to:

  • property location;
  • construction type;
  • occupancy;
  • foundation characteristics;
  • replacement cost;
  • prior flood losses;
  • insurance history;
  • claims history;
  • mortgage information;
  • ownership information; and
  • any other information requested during the quotation or application process.

Failure to provide accurate information may result in:

  • revised premiums;
  • underwriting delays;
  • denial of coverage;
  • rescission where permitted by law;
  • cancellation;
  • non-renewal; or
  • claim denial by the insurance carrier.

5.5 Duty to Update Information

Applicants and Customers agree to promptly notify FloodSmart if any material information changes before policy issuance or renewal, including but not limited to:

  • property ownership;
  • occupancy status;
  • property improvements;
  • mailing address;
  • mortgage status;
  • flood losses;
  • claims history; or
  • other underwriting information.

FloodSmart shall have no responsibility for changes that are not timely reported.

5.6 Insurance Applications

Submission of an insurance application constitutes a request for coverage and authorizes FloodSmart to submit information to insurance carriers, wholesale brokers, NFIP servicing entities, and other authorized providers for underwriting and policy issuance purposes.

Submission of an application does not:

  • guarantee acceptance;
  • guarantee policy issuance;
  • guarantee premium amounts;
  • guarantee effective dates;
  • guarantee renewal; or
  • create insurance coverage.

5.7 Underwriting Authority

All underwriting decisions remain exclusively within the discretion of the issuing insurance carrier.

Insurance carriers may:

  • request additional documentation;
  • require inspections;
  • verify property characteristics;
  • review claims history;
  • review insurance history;
  • obtain flood determinations;
  • modify premiums;
  • impose exclusions;
  • decline applications;
  • cancel policies where permitted by law; or
  • non-renew policies.

FloodSmart has no authority to override underwriting decisions.

5.8 No Guarantee of Eligibility

FloodSmart makes no representation or warranty that any Applicant will qualify for:

  • National Flood Insurance Program coverage;
  • private flood insurance;
  • preferred pricing;
  • replacement cost coverage;
  • excess flood coverage;
  • lender-approved coverage; or
  • any particular insurance product.

Eligibility is determined solely by the applicable insurance carrier and governing program requirements.

5.9 Effective Date of Coverage

Insurance coverage does not become effective merely because:

  • a quote is generated;
  • an application is submitted;
  • documents are uploaded;
  • payment information is provided;
  • premium funds are transmitted;
  • electronic signatures are completed;
  • communications occur with FloodSmart; or
  • Website confirmations are displayed.

Coverage becomes effective only when:

  1. the application has been approved by the issuing carrier;
  2. all underwriting requirements have been satisfied;
  3. any required premium has been accepted by the carrier; and
  4. written confirmation of coverage has been issued by the carrier or an authorized representative of FloodSmart.

5.10 Waiting Periods

Certain insurance products, including NFIP policies and private flood insurance policies, may be subject to mandatory waiting periods before coverage becomes effective.

FloodSmart does not waive or modify waiting periods established by:

  • federal law;
  • insurance carriers;
  • underwriting guidelines;
  • state regulations; or
  • applicable policy provisions.

Customers are responsible for understanding applicable waiting periods before relying upon anticipated coverage.

5.11 Premiums

Premiums are determined by the issuing insurance carrier based upon applicable underwriting rules and rating methodologies.

Premiums may change due to:

  • revised property information;
  • underwriting review;
  • inspection findings;
  • flood zone changes;
  • legislative changes;
  • FEMA revisions;
  • carrier rule modifications;
  • rating adjustments;
  • clerical corrections; or
  • other lawful factors.

FloodSmart cannot guarantee future premium amounts.

5.12 Payment Information

Premium payments are generally processed directly through systems operated by the applicable insurance carrier or the carrier’s designated payment processor.

FloodSmart facilitates transmission of payment information but does not generally operate its own payment processing platform.

FloodSmart is not responsible for:

  • payment processor outages;
  • carrier billing system failures;
  • rejected transactions;
  • financial institution delays;
  • insufficient funds;
  • processing interruptions; or
  • payment posting delays beyond FloodSmart’s reasonable control.

5.13 Renewals

FloodSmart may assist customers with policy renewals as a brokerage service.

However, FloodSmart does not guarantee:

  • renewal offers;
  • continuation of coverage;
  • renewal premiums;
  • carrier participation;
  • policy terms; or
  • availability of substantially similar coverage.

Renewal remains subject to carrier underwriting and applicable law.

5.14 Policy Changes and Endorsements

Requests for endorsements or policy modifications are subject to carrier approval.

Requested changes do not become effective until:

  • approved by the carrier;
  • processed in accordance with carrier procedures; and
  • confirmed in writing where required.

Customers should not assume requested changes have taken effect until written confirmation is received.

5.15 Claims

FloodSmart may assist customers by providing general claims information and facilitating communications with insurance carriers.

FloodSmart does not have authority to:

  • approve claims;
  • deny claims;
  • interpret policy coverage on behalf of the carrier;
  • determine damages;
  • admit liability;
  • negotiate settlements; or
  • authorize payments.

Claims determinations remain solely within the authority of the issuing insurance carrier.

5.16 No Guarantee Against Flood Loss

The purchase of flood insurance does not guarantee:

  • protection against every flood event;
  • payment of every claim;
  • full reimbursement of losses;
  • replacement of all damaged property;
  • satisfaction of lender requirements; or
  • elimination of financial risk.

Coverage is subject to policy limits, deductibles, exclusions, waiting periods, conditions, endorsements, and applicable law.

5.17 FEMA Maps and Flood Determinations

FloodSmart may utilize flood information obtained from FEMA, insurance carriers, governmental agencies, third-party vendors, or publicly available sources.

FloodSmart makes no representation or warranty regarding:

  • the accuracy of flood maps;
  • Base Flood Elevations (BFEs);
  • flood zone classifications;
  • Special Flood Hazard Area designations;
  • future map revisions;
  • lender determinations; or
  • future insurance requirements.

Flood maps and regulatory requirements may change without notice.

5.18 No Professional Advice

Information provided during the quotation or application process is intended solely to facilitate insurance brokerage services.

Nothing communicated by FloodSmart constitutes:

  • legal advice;
  • tax advice;
  • engineering advice;
  • surveying advice;
  • floodplain management advice;
  • lending advice;
  • financial advice; or
  • investment advice.

Applicants should consult qualified professionals regarding matters outside the scope of insurance brokerage services.

5.19 Customer Review Responsibilities

Customers agree to carefully review all:

  • quote summaries;
  • applications;
  • declarations pages;
  • endorsements;
  • invoices;
  • notices;
  • renewal documents; and
  • policy forms

immediately upon receipt.

Any discrepancy should be reported to FloodSmart promptly.

Failure to identify an error does not expand insurance coverage or modify policy language.

5.20 Controlling Insurance Contract

All Website content, educational materials, premium estimates, quote summaries, emails, SMS messages, customer service communications, blogs, calculators, FAQs, and marketing materials are provided solely for informational purposes.

Insurance coverage is governed exclusively by the policy issued by the applicable insurance carrier.

If any conflict exists between:

  • these Terms of Service;
  • Website content;
  • quote summaries;
  • applications;
  • educational materials;
  • customer communications; or
  • marketing materials,

and the insurance policy, declarations, endorsements, exclusions, conditions, limitations, or other policy documents issued by the carrier, the insurance policy and its governing documents shall control in all respects.

5.21 Reservation of Rights

FloodSmart reserves the right to:

  • decline quote requests;
  • withdraw quotations;
  • request additional documentation;
  • suspend transactions pending verification;
  • refuse applications;
  • discontinue participation with any carrier;
  • modify brokerage procedures; and
  • comply with applicable legal and regulatory obligations.

Nothing contained in this Article obligates FloodSmart to procure insurance coverage for any Applicant or Customer.

5.22 Survival

The provisions of this Article relating to underwriting authority, customer responsibilities, payment processing, claims, disclaimers, limitations, policy interpretation, and controlling insurance documents shall survive termination of these Terms and any brokerage relationship to the fullest extent permitted by applicable law.

 

ARTICLE 6

USER RESPONSIBILITIES

6.1 Compliance with Terms

Users agree to access and use the Website and Services only in accordance with these Terms and all applicable federal, state, and local laws, regulations, and industry requirements.

6.2 Accurate Information

Users are responsible for providing complete, truthful, current, and accurate information when requesting quotations, applying for insurance, communicating with FloodSmart, or using the Website.

Users agree to promptly update material information that may affect insurance eligibility, underwriting, communications, or policy servicing.

6.3 Review of Documents

Users are responsible for reviewing all:

  • quote summaries;
  • insurance applications;
  • declarations pages;
  • endorsements;
  • invoices;
  • renewal notices;
  • policy documents; and
  • electronic communications

upon receipt and promptly reporting any inaccuracies.

Failure to review documents shall not modify insurance coverage or create additional obligations on the part of FloodSmart.

6.4 Protection of Personal Information

Users are responsible for safeguarding their own devices, email accounts, telephone numbers, and other communication methods used to interact with FloodSmart.

FloodSmart is not responsible for unauthorized access resulting from compromised user devices, passwords, email accounts, or telecommunications providers.

6.5 Lawful Use

Users agree not to use the Website or Services:

  • for fraudulent purposes;
  • to submit false information;
  • to impersonate another individual or entity;
  • to interfere with Website operations;
  • to violate intellectual property rights;
  • to transmit malicious code;
  • to collect information regarding other users;
  • to test Website vulnerabilities without authorization; or
  • in any manner prohibited by applicable law.

6.6 Cooperation

Users agree to reasonably cooperate with requests for additional documentation or verification necessary to:

  • obtain quotations;
  • process applications;
  • service policies;
  • investigate fraud;
  • satisfy regulatory requirements; or
  • protect the integrity of FloodSmart’s operations.

ARTICLE 7

ELECTRONIC COMMUNICATIONS AND ELECTRONIC RECORDS

7.1 Consent to Electronic Communications

By using the Website or Services, Users consent to receive communications electronically, including:

  • emails;
  • electronic disclosures;
  • notices;
  • policy-related communications;
  • quote information;
  • invoices;
  • acknowledgments;
  • legally required notices; and
  • other communications relating to FloodSmart’s Services.

Electronic communications satisfy any legal requirement that such communications be provided in writing to the fullest extent permitted by law.

7.2 E-SIGN Consent

Users agree that electronic signatures, electronic records, electronic acknowledgments, and electronic agreements have the same legal force and effect as handwritten signatures.

Electronic acceptance may occur through:

  • clicking acceptance buttons;
  • submitting forms;
  • replying electronically;
  • using electronic signature platforms;
  • providing affirmative consent; or
  • continuing transactions after receiving disclosures.

7.3 Electronic Delivery

Unless prohibited by law, FloodSmart may provide:

  • Terms of Service;
  • Privacy Policy updates;
  • quote summaries;
  • disclosures;
  • policy servicing communications;
  • renewal reminders;
  • invoices; and
  • customer notices

through electronic means.

Users are responsible for maintaining valid email addresses and promptly notifying FloodSmart of changes.

7.4 Hardware and Software Requirements

Users are responsible for maintaining equipment reasonably capable of:

  • accessing the internet;
  • receiving emails;
  • viewing PDF documents;
  • storing electronic records; and
  • printing documents if desired.

Failure to maintain compatible technology does not invalidate electronic communications properly transmitted by FloodSmart.

7.5 Withdrawal of Consent

Users may withdraw consent to receive electronic communications where permitted by applicable law by contacting FloodSmart.

Withdrawal of consent may limit FloodSmart’s ability to provide certain electronic services and may require alternative communication methods.

ARTICLE 8

SMS/TEXT MESSAGING SERVICES

8.1 Consent to Receive SMS Messages

By voluntarily providing a mobile telephone number and affirmatively consenting, Users authorize FloodSmart to send SMS or text messages relating to:

  • insurance quotes;
  • policy servicing;
  • renewal reminders;
  • customer support;
  • document requests;
  • appointment confirmations;
  • informational updates; and
  • marketing communications where separate consent has been provided.

Consent is not a condition of purchasing insurance.

8.2 Message Frequency

Message frequency will vary depending upon:

  • requested services;
  • quote activity;
  • policy servicing needs;
  • customer communications; and
  • marketing preferences.

8.3 Standard Charges

Message and data rates may apply according to the User’s wireless carrier plan.

FloodSmart is not responsible for charges imposed by mobile carriers.

8.4 Opt-Out Rights

Users may opt out of SMS communications at any time by:

  • replying STOP;
  • contacting FloodSmart Customer Service; or
  • utilizing any available unsubscribe mechanism.

After opting out, Users may continue receiving legally required or transaction-specific communications where permitted by applicable law.

8.5 No Guaranteed Delivery

FloodSmart does not guarantee:

  • delivery of SMS messages;
  • delivery timing;
  • uninterrupted messaging services;
  • compatibility with every wireless carrier; or
  • availability of text messaging services.

Delivery depends upon third-party telecommunications providers beyond FloodSmart’s control.

8.6 Emergency Communications

SMS messaging should not be relied upon for emergency communications, time-sensitive claims reporting, or urgent insurance needs.

Users should contact FloodSmart directly by telephone when immediate assistance is required.

ARTICLE 9

INTELLECTUAL PROPERTY

9.1 Ownership

The Website and all associated content are owned by or licensed to FloodSmart and are protected by applicable intellectual property laws.

Protected materials include, without limitation:

  • text;
  • graphics;
  • logos;
  • icons;
  • photographs;
  • videos;
  • articles;
  • educational materials;
  • calculators;
  • software;
  • databases;
  • source code;
  • page layouts;
  • Website design;
  • trademarks;
  • service marks; and
  • compilations.

9.2 Limited License

FloodSmart grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal or legitimate business purposes related to FloodSmart’s Services.

No ownership interest is transferred through Website use.

9.3 Restrictions

Except as expressly authorized in writing, Users may not:

  • reproduce Website content;
  • distribute materials;
  • modify content;
  • create derivative works;
  • publicly display Website materials;
  • commercially exploit content;
  • scrape Website data;
  • mine data using automated tools;
  • reverse engineer software;
  • remove copyright notices; or
  • incorporate Website content into artificial intelligence training datasets or automated systems.

9.4 Trademarks

“FloodSmart,” associated logos, branding elements, slogans, and service identifiers are proprietary trademarks or service marks owned or used under license by FloodSmart Insurance Inc.

Nothing contained within these Terms grants permission to use such marks without prior written authorization.

9.5 User Submissions

Information submitted by Users for insurance brokerage purposes remains the property of the User.

However, Users grant FloodSmart a non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, store, modify, and disclose submitted information as reasonably necessary to:

  • provide brokerage services;
  • obtain insurance quotations;
  • submit applications;
  • service policies;
  • communicate with carriers;
  • satisfy regulatory obligations; and
  • operate the Website and Services.

9.6 Feedback

Users who voluntarily provide comments, suggestions, ideas, recommendations, or feedback regarding the Website or Services grant FloodSmart the unrestricted right to use such feedback without compensation, attribution, or further permission.

9.7 Copyright Complaints

FloodSmart respects the intellectual property rights of others.

Claims alleging copyright infringement should include sufficient information to identify:

  • the copyrighted work;
  • the allegedly infringing material;
  • contact information for the complaining party;
  • a statement of good-faith belief; and
  • a statement made under penalty of perjury that the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

FloodSmart reserves the right to remove allegedly infringing content while investigating such claims.

9.8 Reservation of Rights

Except for the limited license expressly granted in this Article, FloodSmart reserves all intellectual property rights and remedies available under federal, state, and common law.

Unauthorized use of Website content may result in termination of Website access and pursuit of available legal or equitable remedies.

 

ARTICLE 10

PROHIBITED USES

10.1 Authorized Use Only

The Website and Services are provided solely for lawful purposes related to obtaining information about flood insurance and utilizing FloodSmart’s insurance brokerage services.

Users agree not to use the Website in any manner inconsistent with these Terms or applicable law.

10.2 Prohibited Conduct

Users shall not:

  • submit false, misleading, or fraudulent information;
  • impersonate another individual or entity;
  • misrepresent ownership of property;
  • attempt to obtain insurance through material misrepresentation;
  • interfere with Website operations;
  • disrupt servers or networks;
  • circumvent security measures;
  • gain unauthorized access to systems or data;
  • upload malicious software or code;
  • engage in phishing or identity theft;
  • harvest customer information;
  • scrape Website content using automated tools;
  • overload Website infrastructure;
  • conduct denial-of-service attacks;
  • reverse engineer Website functionality;
  • use bots or automated scripts without authorization;
  • violate applicable insurance laws or regulations; or
  • assist another person in engaging in prohibited conduct.

10.3 No Illegal Activities

The Website may not be used for any unlawful purpose, including but not limited to:

  • insurance fraud;
  • wire fraud;
  • identity theft;
  • money laundering;
  • cybercrime;
  • unauthorized access to computer systems;
  • intellectual property infringement; or
  • violations of federal, state, or local law.

FloodSmart reserves the right to cooperate fully with law enforcement agencies and regulatory authorities.

10.4 No Data Mining or Artificial Intelligence Training

Except with FloodSmart’s prior written consent, Users shall not:

  • scrape Website content;
  • extract databases;
  • systematically download information;
  • utilize automated collection tools;
  • train artificial intelligence or machine learning models using Website content;
  • create derivative databases; or
  • reproduce substantial portions of Website materials.

10.5 Investigations

FloodSmart may investigate suspected violations of these Terms and may:

  • suspend Website access;
  • terminate communications;
  • preserve electronic records;
  • remove submitted materials;
  • notify insurance carriers;
  • cooperate with governmental authorities; and
  • pursue any legal or equitable remedies available.

Nothing contained herein obligates FloodSmart to monitor Website activity.

ARTICLE 11

THIRD-PARTY SERVICES AND LINKS

11.1 Third-Party Relationships

FloodSmart’s Website and Services may interact with independent third parties, including:

  • insurance carriers;
  • wholesale brokers;
  • National Flood Insurance Program vendors;
  • mortgage companies;
  • payment processors;
  • technology providers;
  • cloud hosting providers;
  • mapping services;
  • analytics providers;
  • governmental agencies; and
  • other independent service providers.

These organizations operate independently from FloodSmart.

11.2 Third-Party Websites

The Website may contain links to third-party websites for user convenience.

FloodSmart does not control and is not responsible for:

  • website content;
  • availability;
  • privacy practices;
  • accessibility;
  • accuracy;
  • security;
  • business practices; or
  • terms of use

of third-party websites.

Users access third-party websites entirely at their own risk.

11.3 Insurance Carrier Systems

Applications, premium payments, policy servicing activities, claims reporting, or policy document delivery may occur through systems operated by insurance carriers or their authorized vendors.

FloodSmart does not control:

  • carrier websites;
  • carrier payment systems;
  • carrier customer portals;
  • carrier claims systems;
  • underwriting platforms; or
  • carrier security practices.

Carrier transactions remain subject to the carrier’s own agreements and policies.

11.4 Payment Processing

FloodSmart generally facilitates payment information for submission to the applicable insurance carrier or the carrier’s designated payment processor.

FloodSmart does not warrant or guarantee:

  • payment processing availability;
  • payment timing;
  • payment authorization;
  • payment settlement;
  • banking functionality; or
  • financial institution performance.

Users remain responsible for ensuring timely premium payments.

11.5 No Endorsement

Reference to any insurance carrier, governmental program, vendor, lender, technology provider, or third-party organization does not constitute an endorsement except where expressly stated.

Participation with carriers and vendors may change without notice.

ARTICLE 12

WEBSITE AVAILABILITY AND TECHNOLOGY

12.1 Website Provided “As Available”

The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis.

FloodSmart makes commercially reasonable efforts to maintain Website functionality but does not guarantee uninterrupted operation.

12.2 Planned and Unplanned Interruptions

Website availability may be affected by:

  • maintenance;
  • software updates;
  • hardware failures;
  • internet outages;
  • cybersecurity incidents;
  • telecommunications failures;
  • cloud provider interruptions;
  • utility failures;
  • governmental actions;
  • natural disasters; or
  • other circumstances beyond FloodSmart’s reasonable control.

FloodSmart shall not be liable for temporary interruptions.

12.3 No Warranty of Availability

FloodSmart does not warrant that the Website will be:

  • continuously available;
  • error-free;
  • uninterrupted;
  • compatible with every browser or device;
  • free of delays;
  • free from defects; or
  • suitable for every intended purpose.

Users assume responsibility for maintaining alternative methods of communication regarding time-sensitive insurance matters.

12.4 Security

FloodSmart employs commercially reasonable administrative, technical, and physical safeguards designed to protect Website operations and customer information.

However, no Website, network, cloud environment, or internet transmission can be guaranteed to be completely secure.

Users acknowledge the inherent risks associated with electronic communications.

12.5 Future Technologies

These Terms apply equally to:

  • future Website versions;
  • mobile applications;
  • APIs;
  • automated communication platforms;
  • artificial intelligence interfaces;
  • customer portals;
  • chat technologies; and
  • successor technologies

that perform substantially similar functions.

12.6 Force Majeure

FloodSmart shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including:

  • acts of God;
  • floods;
  • hurricanes;
  • earthquakes;
  • wildfires;
  • severe weather;
  • pandemics;
  • governmental actions;
  • cyberattacks;
  • labor disputes;
  • power failures;
  • internet outages;
  • telecommunications failures;
  • carrier interruptions; or
  • other force majeure events.

Performance shall be suspended for the duration of such events without constituting a breach of these Terms.

ARTICLE 13

PROFESSIONAL AND INSURANCE DISCLAIMERS

13.1 Informational Purpose

The Website is intended to provide general educational information regarding flood insurance and related topics.

Website content should not be relied upon as a substitute for individualized professional advice.

13.2 No Legal Advice

FloodSmart does not provide legal advice.

Users should consult qualified legal counsel regarding:

  • insurance disputes;
  • contractual rights;
  • real estate transactions;
  • regulatory compliance;
  • litigation; or
  • other legal matters.

13.3 No Tax Advice

FloodSmart does not provide tax, accounting, or financial reporting advice.

Users should consult qualified tax or accounting professionals regarding their individual circumstances.

13.4 No Engineering or Floodplain Management Advice

FloodSmart does not provide:

  • engineering services;
  • surveying services;
  • structural analysis;
  • elevation certifications;
  • floodplain management consulting;
  • building code interpretation; or
  • construction recommendations.

Flood maps, Base Flood Elevations (BFEs), flood determinations, and regulatory requirements may change over time.

Users remain responsible for obtaining professional evaluations where appropriate.

13.5 No Lending or Financial Advice

FloodSmart does not provide:

  • mortgage advice;
  • escrow advice;
  • investment advice;
  • loan compliance advice;
  • financial planning services; or
  • lending recommendations.

Questions regarding lender requirements should be directed to the applicable financial institution.

13.6 Educational Content Disclaimer

Articles, FAQs, calculators, videos, blogs, newsletters, checklists, marketing materials, AI-generated responses, and other educational resources are intended solely for general informational purposes.

Such materials do not constitute:

  • professional advice;
  • underwriting approval;
  • insurance coverage;
  • legal interpretations;
  • engineering opinions; or
  • guarantees of eligibility.

13.7 No Guarantee of Coverage

FloodSmart does not guarantee:

  • insurance availability;
  • carrier participation;
  • underwriting approval;
  • policy issuance;
  • policy renewal;
  • lowest premium;
  • broadest coverage;
  • lender acceptance;
  • flood map accuracy;
  • regulatory interpretation;
  • claim payment; or
  • protection against flood loss.

Coverage is determined exclusively by the issuing insurance carrier.

13.8 No Binding Authority Through Website Communications

Statements contained in:

  • Website content;
  • emails;
  • SMS messages;
  • educational materials;
  • calculators;
  • customer service communications;
  • quote summaries;
  • blogs; or
  • marketing materials

shall not create, modify, expand, waive, or alter insurance coverage unless expressly incorporated into an insurance policy issued by the applicable carrier.

13.9 Policy Language Controls

Every insurance policy contains its own:

  • declarations;
  • insuring agreements;
  • definitions;
  • endorsements;
  • exclusions;
  • conditions;
  • limitations; and
  • coverage provisions.

If any conflict exists between:

  • these Terms of Service;
  • the Website;
  • educational materials;
  • quote summaries;
  • FAQs;
  • calculators;
  • customer communications;
  • AI-generated content;
  • marketing materials; or
  • any other informational resource,

and the actual insurance policy issued by the applicable carrier, the policy language, declarations, endorsements, exclusions, conditions, and limitations shall control in all respects.

13.10 Reservation of Professional Rights

Nothing contained within the Website or these Terms creates:

  • an attorney-client relationship;
  • an engineer-client relationship;
  • a tax advisor relationship;
  • a financial advisor relationship;
  • a lender relationship;
  • a fiduciary relationship; or
  • any professional advisory relationship beyond the limited role of an independent insurance brokerage.

Users remain solely responsible for obtaining appropriate professional advice tailored to their individual circumstances.

 

ARTICLE 14

LIMITATION OF LIABILITY

14.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, EDUCATIONAL MATERIALS, QUOTES, COMMUNICATIONS, CALCULATORS, SOFTWARE, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

FLOODSMART EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • merchantability;
  • fitness for a particular purpose;
  • non-infringement;
  • accuracy;
  • completeness;
  • reliability;
  • uninterrupted availability; and
  • freedom from viruses or other harmful components.

14.2 No Warranty Regarding Insurance

FloodSmart makes no representation or warranty regarding:

  • policy issuance;
  • underwriting approval;
  • carrier participation;
  • premium amounts;
  • renewal availability;
  • claims payment;
  • lender acceptance;
  • flood map accuracy;
  • flood zone determinations;
  • regulatory interpretation; or
  • future insurance availability.

All insurance decisions remain solely within the authority of the issuing insurance carrier.

14.3 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOODSMART SHALL NOT BE LIABLE FOR ANY:

  • indirect damages;
  • consequential damages;
  • incidental damages;
  • special damages;
  • exemplary damages;
  • punitive damages;
  • lost profits;
  • lost business opportunities;
  • loss of goodwill;
  • business interruption;
  • loss of data;
  • loss of anticipated savings; or
  • other economic losses,

WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.4 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOODSMART’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

  • ONE HUNDRED U.S. DOLLARS (US $100.00); OR
  • THE AMOUNT OF COMMISSIONS ACTUALLY RECEIVED BY FLOODSMART FROM THE SPECIFIC POLICY GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT.

Certain jurisdictions may not permit portions of this limitation, in which case such provisions shall apply only to the maximum extent permitted by law.

14.5 User Responsibility

Users acknowledge that they are responsible for:

  • reviewing insurance policies;
  • verifying property information;
  • confirming coverage selections;
  • understanding policy exclusions;
  • consulting qualified professionals; and
  • promptly reporting inaccuracies.

FloodSmart shall not be responsible for losses resulting from a User’s failure to fulfill these responsibilities.

14.6 Exclusive Remedies

The remedies provided in these Terms are exclusive and replace any other remedies to the fullest extent permitted by applicable law.

ARTICLE 15

INDEMNIFICATION

15.1 User Indemnification

Users agree to defend, indemnify, and hold harmless FloodSmart Insurance Inc., together with its officers, directors, employees, agents, contractors, licensors, affiliates, successors, and assigns, from and against any and all:

  • claims;
  • demands;
  • lawsuits;
  • investigations;
  • administrative proceedings;
  • liabilities;
  • damages;
  • judgments;
  • settlements;
  • penalties;
  • fines;
  • costs; and
  • reasonable attorneys’ fees

arising out of or relating to:

  • violation of these Terms;
  • misuse of the Website;
  • submission of inaccurate information;
  • fraudulent conduct;
  • violation of applicable law;
  • infringement of intellectual property rights;
  • misuse of insurance products; or
  • negligent or intentional misconduct by the User.

15.2 Defense

FloodSmart reserves the exclusive right to assume the defense and control of any matter otherwise subject to indemnification.

Users agree to cooperate fully in the defense of such matters.

15.3 Survival

The indemnification obligations contained in this Article survive termination of these Terms and any use of the Website or Services.

ARTICLE 16

DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

16.1 Good Faith Resolution

Before initiating arbitration or litigation, the parties agree to attempt in good faith to resolve any dispute through informal negotiations.

Written notice describing the dispute shall be provided, and the parties shall have thirty (30) days to attempt resolution.

16.2 Binding Arbitration

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to:

  • these Terms;
  • the Website;
  • the Services;
  • insurance brokerage activities;
  • electronic communications; or
  • related transactions

shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable Commercial Arbitration Rules or Consumer Arbitration Rules, as appropriate.

The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration provision.

16.3 Arbitration Location

Unless otherwise required by applicable law or mutually agreed by the parties, arbitration shall take place in Skagit County, Washington, or may be conducted by videoconference or other remote means at the arbitrator’s discretion.

16.4 Individual Claims Only

ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

USERS WAIVE ANY RIGHT TO PARTICIPATE AS:

  • a class representative;
  • a class member;
  • a private attorney general;
  • a collective plaintiff; or
  • a participant in any consolidated proceeding.

16.5 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

16.6 Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY.

16.7 Injunctive Relief

Nothing in this Article prevents FloodSmart from seeking temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect:

  • intellectual property;
  • confidential information;
  • Website security;
  • trade secrets; or
  • proprietary rights.

ARTICLE 17

GOVERNING LAW

17.1 Governing Law

These Terms and any dispute arising from or relating to the Website or Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

17.2 Regulatory Compliance

Nothing contained in these Terms shall be interpreted to:

  • waive consumer protections required by applicable insurance laws;
  • limit regulatory authority;
  • impair governmental enforcement actions; or
  • restrict rights that cannot legally be waived.

17.3 Venue

If a dispute is determined not to be subject to arbitration or an arbitration award must be enforced, exclusive jurisdiction and venue shall lie in the state or federal courts located in Washington State, and each party consents to the personal jurisdiction of those courts.

ARTICLE 18

GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, SMS/Text Messaging Terms & Consent, Electronic Communications & E-SIGN Consent, Accessibility Statement, California Privacy Notice, and any additional written agreements expressly incorporated by reference, constitute the entire agreement between the parties concerning the Website and Services.

18.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Any unenforceable provision shall be modified only to the minimum extent necessary to make it enforceable while preserving its original intent.

18.3 No Waiver

Failure by FloodSmart to enforce any provision of these Terms shall not constitute a waiver of any right or provision.

Any waiver must be in writing and signed by an authorized representative of FloodSmart.

18.4 Assignment

Users may not assign or transfer any rights or obligations under these Terms without FloodSmart’s prior written consent.

FloodSmart may assign these Terms or any rights or obligations without restriction in connection with:

  • a merger;
  • acquisition;
  • corporate reorganization;
  • sale of assets; or
  • operation of law.

18.5 Relationship of the Parties

Nothing contained in these Terms creates any:

  • partnership;
  • joint venture;
  • agency relationship (other than the limited insurance brokerage relationship expressly described herein);
  • employment relationship; or
  • fiduciary relationship

between FloodSmart and any User.

18.6 Headings

Section titles and headings are included solely for convenience and shall not affect interpretation.

18.7 Survival

The following provisions shall survive termination of these Terms and continued use of the Website:

  • Definitions;
  • Intellectual Property;
  • Limitation of Liability;
  • Indemnification;
  • Arbitration;
  • Governing Law;
  • Payment obligations;
  • Professional Disclaimers;
  • Policy Language Controls; and
  • any provision that by its nature is intended to survive.

18.8 Compliance with Applicable Law

FloodSmart intends to operate in compliance with applicable federal and state insurance, privacy, consumer protection, electronic commerce, accessibility, and telecommunications laws.

If any provision conflicts with a non-waivable legal requirement, that provision shall be interpreted and applied in a manner that preserves the greatest permissible effect while complying with applicable law.

18.9 Modifications

FloodSmart reserves the right to amend these Terms at any time.

Updated Terms become effective upon posting to the Website unless a later effective date is specified.

Continued use of the Website or Services after updated Terms become effective constitutes acceptance of the revised Terms.

18.10 Contact Information

Questions regarding these Terms or the Website may be directed to:

FloodSmart Insurance Inc.
1101 8th St A
Anacortes, WA 98221

Customer Service
Email: CustomerService@FloodSmart.com
Phone: 866-277-0055

18.11 Policy Language Controls

These Terms govern the use of the FloodSmart Website and brokerage Services.

No provision contained in these Terms, any Website content, educational material, FAQ, calculator, quote summary, email, SMS message, marketing communication, or customer service communication shall create, expand, modify, waive, or alter insurance coverage.

If any conflict exists between information presented on the Website or in these Terms and the actual insurance policy issued by the applicable insurance carrier, the policy’s declarations, endorsements, exclusions, conditions, limitations, and all other policy language shall govern and control in every respect.

18.12 Effective Date

Effective Date: February 12, 2005

By accessing or using the Website or Services after the Effective Date, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service.