SERVICES TERMS & CONDITIONS

Effective: November 1, 2023

Throughout the site and this agreement, the terms “we”, “us” and “our” refer to Xactus, LLC. who are the operators of www.massivecert.com (“Website”). Elevation Certificates ordered in the State of California are operated by Xactus Flood, LLP. We operate the website to provide Flood Zone Determinations, Letters of Map Change (e.g. LOMA, LOMR-F, MT-1, etc.) and other administrative services (collectively “Service” or “Services”) to you as the owner of certain real property. By using the website or purchasing a Service from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Website. If you do not agree to all the terms and conditions of this agreement, our Privacy Policy (www.massivecert.com/privacy), and the massivecert.com Terms of Use (www.massivecert.com/use), then you may not access the website or use our services to obtain Services. If in our sole judgment you do not comply or we suspect that you have not complied with any term or provision of these Terms or any other Terms referenced herein, we also may cancel and terminate this agreement at any time.

SECTION 1 – SURVEYORS

Services are provided in whole or in part by licensed professional surveyors, survey companies, engineering companies, information technology companies, and other qualified individuals or companies that operate as third-party independent contractors (collectively “Surveyor” or “Surveyors”). We are not liable for any harm or damages related to the actions in performance of Services of the Surveyors and their actions or decisions. Where required by law and in accordance with the laws of each state in which Services are performed, the Surveyor, if action is to be taken to sign and place their professional seal upon a document, will possess the necessary qualifications in the state where Services are to be performed to sign and place said seal.  The action of signing and sealing may be accomplished digitally. Surveyors are independent contractors providing services directly to you and are not supervised by us. Surveyors may contact you directly to discuss and verify property details, confirm Services requested, verify location information, schedule site visits or any other action directly related to Services.

SECTION 2 – ELEVATION CERTIFICATE

An “Elevation Certificate” is the US Department of Homeland Security (“DHS”), Federal Emergency Management Agency (“FEMA”), National Flood Insurance Program (“NFIP”), Office of Management and Budget (“OMB”) form number 1660-0008 and all of its subsequent revisions, attachments, addendums, and instructions in effect at the time this agreement is accepted. The Elevation Certificate includes all photos required to be collected of the property, all required notes and descriptions from the Surveyor, all required Elevation Certificate form questions answered, and a digital copy of the Elevation Certificate signed and sealed by a Surveyor licensed to do so.  No other items, express or implied, are to be delivered as part of Services. We provide administrative support assistance to your Surveyor. We will connect you to a qualified Surveyor as a sales lead. The Surveyor will contact you to coordinate services. Subsequently, we, on behalf of Surveyor will perform administrative tasks including collecting fees, sending Service reminders, providing phone support, and distributing the Surveyor’s product. We do not oversee or coordinate the professional work nor engage in any related professional activity as regulated by state law.

SECTION 3 – LETTERS OF MAP CHANGE (MT-1)

Letters of Map Change (LOMC) are documents issued by FEMA that revise or amend the flood hazard information shown on the FIRM without requiring the FIRM to be physically revised and re-published. LOMC services provided by us include all FEMA MT-1 types including but not limited to LOMA, CLOMA, LOMR-F, CLOMR-F, LOMR-VZ, and LOMR-FW.

Our Services includes the following:

• Review the property and verify the current FEMA flood zone and Base Flood Elevation when available. In certain situations, Base Flood Elevations are not available.
• Complete all the FEMA MT-1 application forms.
• Obtain documents and materials required for a FEMA MT-1 submission.  In some instances, you may be required to provide documentation to us in order to submit the request to FEMA.
• Submit information to FEMA for review and communicate with FEMA during their review.
• Send you the completed FEMA MT-1 document.  We make no guarantee that FEMA will remove your home, property, portion of property, or any other structure or property from the FEMA Special Flood Hazard Area.

By law, FEMA has up to 60 days to respond to MT-1 requests.  We will do everything to expedite the process, but ultimately it is up to FEMA to issue the final determination letter.

SECTION 4 – FEES

Published Elevation Certificate Service prices are inclusive of the Surveyor’s fee as provided to us by the Surveyor and our administrative fee to perform back-office administrative assistance to you and the Surveyor. Surveyor fees are determined solely by the Surveyor and are subject to change at their discretion, even after placing the request for services, and without notice. Not every property can be provided with a published Elevation Certificate price through our website. In these cases, a Surveyor will contact you for additional information and provide a Quote for Services based on your communication with the Surveyor. The Surveyor will discuss any necessary fee modification to the Price, Quote, or Fee with you, and seek your approval, before performing Services. You have the option to cancel your Services, subject to the Surveyor, so please see the ORDER CANCELLATION section.​ LOMC service fees may incur additional fees if multiple structures are to be included in a single case file or if rush services such as an eLOMA is requested. Certain LOMC requests require FEMA filing fees. All filing fees will be charged in addition to fees charged by us. If we are unable to remove you from the FEMA high-risk flood zone, we will refund your payment minus any FEMA filing fees.

SECTION 5 – PAYMENT

You agree to provide current, complete and accurate purchase and account information for all purchases made on or through our website.  If your payment information is inaccurate or payment by your financial institution is refused for any reason, we may cancel the order or Service for non-payment. You agree to provide current and accurate contact information, including your email address, mailing address, property address, and phone number so that we can complete your transactions and contact you as needed for the purposes of performing Services. We reserve the right to cancel an order or Service should incorrect or inaccurate contact information prevent us from completing an order or Service. For all products and services obtained, initiated, or sought through us or the website including additional add-on services not included in the original order or requested by you after the original order as part of these Terms, fees will be collected by and payments made through massivecert.com or us and through no other party including. Payment for all Services is due at the time the Services order is placed by you and modified in conjunction with the Surveyor if applicable. Services cannot begin until payment is received by us. Some states require the collection of sales tax for Services and should your state impose such taxes we may collect these taxes from you at checkout, which are above and beyond, and added to the fees for Services.

SECTION 6 – ORDER CANCELLATION

You may cancel an order for Service at any time at your discretion for any reason and may be dependent on the Surveyor.  Canceled services may incur a $75 cancellation fee subtracted from your Services price. If you wish to cancel 24 hours or less before the scheduled site visit, we may be unable to cancel the order and therefore would not be able to offer a refund for our services or those of the Surveyor. The obligations and liabilities of the parties incurred prior to the Cancellation date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until Canceled by either you or us or until Services are delivered and accepted by you. You may cancel an order for a LOMC Service at any time at your discretion for any reason; however, we are not able to issue a refund.

SECTION 7 – WARRANTY

An error on an Elevation Certificate which is signed and sealed by a Surveyor is the sole responsibility of the Surveyor which signed and sealed the Elevation Certificate with a valid professional land surveyor’s license. For errors on an Elevation Certificate submitted to us within 30 days of the signature of the elevation certificate, we will contact your Surveyor and seek their professional opinion. You agree to allow the Surveyor to contact you directly to resolve the issue. We cannot and will not edit, revise, alter, or otherwise modify any work of a professional Surveyor. There is no warranty, express or implied, for any claim not received by us and made by you within 30 days of delivery of the final Elevation Certificate.  No third-party to your Elevation Certificate may make a claim under these Terms. You expressly agree that your use of, or inability to use, the website is at your sole risk. The Service and all products and services delivered to you by us and/or Surveyor, except as expressly stated by us, are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.SECTION X - POTENTIAL DISRUPTION OF SERVICES 

We do not guarantee that our Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond our control. We are not liable to you if, for any reason, the Services are unavailable at any time or for any period.

SECTION 8 – LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS SUPPLIERS, SURVEYORS OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH YOUR USE OF THE WEBSITE OR SERVICES,INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER OF THE WEBSITE OR SERVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, Surveyors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. You are solely responsible for defending any claim, subject to Our right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability, or admission of guilt on the part of Us without prior written consent of Us. If you violate any provision of this section of the Terms of Use, We may terminate your access to the Services without notice, and you have indemnity obligations to Us and other third parties entitled to indemnification as a result of your violation of these Terms of Use. This section, as well as other sections that are intended to survive, shall survive termination of your access to or use of the Services.

SECTION 10 – SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions with the original intentions of the parties, and the remaining portions remaining in full effect. Additional terms may be agreed upon by you and Us with respect to content available via the Services.

SECTION 11 – GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without reference to any choice of law doctrine. Work of Professional Land Surveyors is governed by their State of licensure and that work is not overseen or coordinated by us. You and we shall use best efforts to settle any controversy, dispute, or claim arising out of or relating to this Agreement, its validity, interpretation, or breach thereof, by negotiation or mediation. If, after 30 days from the first written notice of a dispute, both parties are not able to agree on any settlement, such controversy, dispute or claim shall be settled by arbitration. Such shall be held in the county of our primary office in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be initiated by either Party delivering to the other a written notice of intention to arbitrate. The Arbitrator(s) shall be appointed by and in accordance with the existing procedures of the American Arbitration Association. The arbitration process is binding on the Parties and shall be a final resolution of any such dispute to the same extent as a final judgment of a court of competent jurisdiction. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. If necessary, Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The substantially prevailing party in any such arbitration, as decided by the Arbitrator(s), shall be entitled to an award of its reasonable costs and expenses incurred in connection with such arbitration, including but not limited to attorney fees and expenses, expert and/or consultant fees and expenses, the administration fees and expenses of arbitration, and the compensation and expenses of the arbitrator(s). Should a dispute arise, and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Delaware County, Pennsylvania. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.

SECTION 12 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No single or partial exercise of right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. These Terms and any policies or operating rules posted by us on the website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the website and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 13 - CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page www.massivecert.com/terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 14 – INTELLECTUAL PROPERTY

All copyright, trademark, patent, and all other direct or ancillary components of the website and Services is the sole intellectual property ofXactus, LLC who has sole ownership rights of all components and systems. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or Service, use of the website or Service, or access to the website or Service or any contact on the website through which the Service is provided, without express written permission by us. You have a non-exclusive right to the Elevation Certificate you have ordered and paid for. We have an unlimited right to the transmitted data and work products as a result of the Services, including Elevation Certificates, MT-1, and their associated forms, documents, pictures, and other transmitted data for requests in which they are a party to.

SECTION 15 – REASSIGNMENT AND RESELLING OF SERVICES

We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or obligations under these Terms, in whole or in part, to another party. Reselling our Services or access to our website to other parties is allowed only by express written consent by us.  We reserve the right to cancel orders that, in our sole judgment, appear to be placed with the intent to resell without express written consent by us.  Please contact us for reselling opportunities.

SECTION 16 - THIRD PARTY PARTNERS

Should your property pre-qualify for any service or product that may reduce insurance premiums, based solely on the outcome of Services, Xactus, LLC may notify the third party of the pre-qualification and provide the third party with your contact information. 

SECTION 17 - CONTACT INFORMATION

Please send all postal mail correspondence for Xactus, LLC and Xactus Flood, LLP to the following address: 370 Reed Road, Suite 100, Broomall, PA 19008.

We may also be contacted at floodinfo@xactus.com or 844-439-2378.