The following document describes the Terms and Conditions on which Flood Panel™ (FP), a Florida Limited Liability Corporation. (dba “Flood Panel”) offers you (“customer”) access to our services on this website, www.FloodPanel.com (“the Site”). You certify that you are of sufficient legal age to use this Site and to create legally binding obligations for any liability you may incur as a result of the use of the Site. You may not submit any materials to this Site unless you indicate your assent to these Terms and Conditions — which FP may change at any time in its sole discretion.
The following rules apply to any information you provide to us, Sponsors or other users of the Site in any fashion (“customer Information”).
1. You are solely responsible for customer Information. FP reserves the right to take any action that we deem necessary or appropriate in our sole discretion if we believe any customer Information may be offensive, harmful or inaccurate, or otherwise create liability for us or may cause us to lose (in whole or in part) the confidence of our Sponsors or the services of our ISPs or other suppliers.
2. Customer Information: (a) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (b) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); and (d) shall not contain any viruses or other computer programming routines that are intended to expropriate, detrimentally interfere with, surreptitiously intercept or otherwise damage any system, data or personal information.
Intellectual Property Rights
All materials located on the Site are the copyrighted property of FP or, if not owned by FP, the applicable owner thereof. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written permission of FP or the applicable owner thereof.
No Representations or Warranties
FLOOD PANELMAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FLOOD PANEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
Limitation of Liability
IN NO EVENT SHALL FLOOD PANEL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH (1) ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (2) IS RELATED TO ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR ANY PURPOSE, INCLUDING ANY VIRUSES OR DEFECTS THAT MAY EXIST IN OR BE TRANSMITTED THROUGH THIS SITE), OR (3) THE PERFORMANCE OR NON-PERFORMANCE BY FLOOD PANEL OR ANY OF ITS SPONSORS, EVEN IF FLOOD PANEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, ARCHITECTURE METALS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF FLOOD PANEL SHALL IN NO EVENT EXCEED CUSTOMER’S PAYMENT FOR SERVICES RENDERED BY FLOOD PANEL.
The customer shall defend, indemnify and hold harmless FP and any of its parent, successor or affiliated entities, including Sponsors, its third party providers and distributors from and against any losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees) arising from any claim brought by or on the customer’s behalf or by third parties as a result of the customer’s use of this Site, any violation of these Terms and Conditions, any applicable securities laws or regulations, or any third party rights, including, without limitation, infringement of copyright or patent, violation of any other proprietary right, or invasion of any privacy rights.
Any notices required by these Terms and Conditions or pursuant to the services offered via the Site shall be sent, if to FP, to INFO (@ ) FLOOODPANEL.com and if to the customer, to the email address you provide to FP during the registration process. Notice shall be deemed received 24 hours after each e-mail is sent, unless the sending party receives a message indicating that the e-mail address is invalid.
1. No customer may assign, convey, subcontract or delegate his/her rights, duties or obligations hereunder.
2. These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the remaining provisions.
3. The failure of FP to enforce any provision of these Terms and Conditions will not be a waiver of our right to subsequent enforcement of the provision or any other provision of the Agreement.
4. These Terms and Conditions and your relationship with FP shall be confidential and governed in all respects by the internal laws of the State of New York, without regard to principles regarding conflicts of laws which would require or permit the application of the laws of another jurisdiction. Disclosure of the terms and agreements to third parties requires that both parties consent to in writing. All disputes and claims arising out of these Terms and Conditions and your use of the Site shall be submitted to a court of competent jurisdiction within the State of Florida, County of Miami-Dade.
These Terms and Conditions constitutes the entire agreement between FP and customer with respect to the subject matter hereof and supersedes all prior discussions, documents, agreements and prior course of dealing, and may not be modified except by a written agreement between both parties.