Seiche

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Notices. Any notice or other communication required or permitted under this TOS shall be sufficiently given if delivered in person or sent by one of the following methods:

Registered U.S. mail, return receipt requested (postage prepaid);
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Notices to FANHD shall be sent to 4 First American Way, Santa Ana, California 92707, with a copy to FANHD's counsel at the same address marked Attention: Legal Department. Notices to You shall be sent to the address entered by You in the registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.

Conflicts. If there is a conflict between the terms and conditions of this TOS and the terms and conditions of any NHD REPORT, the NHD REPORT controls.

Links. Where FANHD provides hypertext links to other Internet websites on the Site, or in the NHD REPORTS, it does so for informational purposes only, and such links are not endorsements by FANHD of any products or services on such sites. FANHD shall not accept, and shall not incur, any liability for such products or services and makes no endorsement or approval of the same.

Survival. Upon the discontinuance of use of the Site by You, any and all liability limitations, confidentiality, warranty, indemnity, and claims provision(s), and any other provision that contemplates performance subsequent to the expiration or earlier termination of this TOS, shall survive the termination of the TOS. Upon termination of this TOS by either party, any amounts unpaid by You for outstanding NHD REPORTS shall be immediately due and payable.

General.

The interpretation and construction of this TOS, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within such State. The parties hereby submit to the jurisdiction of, and waive any objection to the venue of Orange County, California in any litigation arising out of this TOS, except as otherwise provided in the NHD REPORTS.
You may not assign this TOS or allow third parties, other than Your employees to use the Site without prior written consent of FANHD.
FANHD shall not be liable for any delay or failure in its performance of any of the acts required by this TOS when such delay or failure arises for reasons beyond FANHD's reasonable control.
If a court of competent jurisdiction finds any provision of this TOS to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this TOS in all other respects shall remain valid and enforceable.

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Seiche

Aerial shot of a lake — Source: Google Earth

A seiche is a wave in a lake, reservoir, or bay that is caused by earthquake shaking. A large earthquake can generate low, rolling waves in the earth that are imperceptible to people. These waves, which may originate from an earthquake thousands of miles away, can cause the water body to “slosh” back and forth. In extreme cases, the oscillating water body can cause shoreline inundation. For example, the northern hemisphere’s largest recorded earthquake (Prince William Sound, Alaska, in 1964) produced seiching in lakes and bays over a thousand miles away and sunk fishing boats in a Louisiana harbor.

While California law does not require disclosure of seiche hazard zones, some shoreline municipalities along inland lakes and reservoirs have designated seiche runup zones in their General Plan Safety Element, which a prospective buyer may consider to be material to a property transaction.

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