Terms of Service and Purchase Agreement — PropertyInit

0. Agreement to Terms

By clicking "Purchase Report" or completing checkout on the PropertyInit platform, you ("Customer") agree to be bound by these Terms of Service and Purchase Agreement ("Agreement"). If you do not agree to these Terms, do not complete your purchase. These Terms constitute a legally binding agreement between Customer and PropertyInit LLC, a Maryland limited liability company. These Terms govern all reports purchased by Customer and supersede any prior oral or written communications regarding the subject matter hereof. You represent that you are at least 18 years old and are authorized to act on behalf of yourself or the entity purchasing the report.

1. Nature of This Report

This report is a pre-screening tool that queries publicly available federal, state, and local environmental databases. It is provided solely for general informational purposes. This report does not constitute, and is not intended to be used as, a substitute for a Phase I Environmental Site Assessment (ESA) conducted in conformance with ASTM Standard Practice E1527-21 or any prior version thereof. This report does not constitute a Transaction Screen Assessment under ASTM Standard Practice E1528-22. This report does not constitute professional environmental consulting services of any kind.

2. No CERCLA Protection

This report does not satisfy the requirements for All Appropriate Inquiries (AAI) as defined in 40 C.F.R. Part 312. Use of this report does not qualify any person for the Innocent Landowner Defense, the Bona Fide Prospective Purchaser protection, or the Contiguous Property Owner protection available under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. Users who seek CERCLA landowner liability protections must engage a qualified Environmental Professional to conduct a Phase I ESA in conformance with ASTM E1527-21.

3. No Licensed Environmental Professional

This report was not prepared by, reviewed by, or signed by a licensed Environmental Professional as defined under 40 C.F.R. Part 312. No Recognized Environmental Conditions (RECs) as defined under ASTM E1527-21 have been identified, confirmed, or ruled out by this report. Findings in this report represent Potential Environmental Concerns (PECs) only and carry no legal weight equivalent to REC determinations.

4. Scope Limitations

This report is based exclusively on records available in publicly accessible databases at the time of query. This report does not include, and is not a substitute for:

1. a physical site inspection or walkthrough of the subject property or adjoining properties;
2. interviews with current or former property owners, occupants, operators, or local government personnel;
3. a search of historical records including Sanborn Fire Insurance Maps, aerial photographs, city directories, historical topographic maps, or building department records;
4. a search of environmental liens, activity and use limitations (AULs), or institutional controls recorded against the property;
5. sampling, testing, or analysis of soil, groundwater, surface water, air, or building materials;
6. review of records held by local fire departments, county environmental agencies, or other non-digitized sources; or
7. any evaluation of conditions that may exist on the subject property but are not reflected in any database.

5. Database Limitations

Environmental databases queried by this report are maintained by third parties, including federal and state government agencies and nonprofit organizations. PropertyInit does not control the accuracy, completeness, currency, or reliability of these databases. Database records may lag behind real-world conditions. Newly discovered contamination, recently reported releases, or changes in site status may not yet be reflected in any database queried by this report. The absence of findings in this report does not constitute evidence that no environmental conditions exist at or near the subject property.

6. Commercial-Only Use; Eligibility

PropertyInit is offered for commercial real estate screening only. PropertyInit may decline, cancel, or manually review orders where parcel data suggests a residential, mixed-use, multifamily, dwelling-related, or otherwise non-commercial property type. Customer must provide accurate property and delivery information during checkout.

The service may not be used to screen residential property, support dwelling-related eligibility decisions, or evaluate consumer-credit eligibility. PropertyInit reports also may not be used as the sole basis for tenancy, occupancy, insurance, consumer lending, fair-housing, or other legally significant dwelling-related decisions.

7. Delivery; Access Links

Most reports are delivered by email in about 10 minutes after payment is confirmed. When upstream databases are slow or degraded, delivery can extend to about 20 minutes while the worker continues processing.

PDF download links are time-limited and currently remain active for up to 7 days after issuance. If Customer needs a new link after expiration, Customer should contact support while the underlying report remains available in PropertyInit systems.

8. Refunds; Reruns; Support

If PropertyInit cannot deliver a report because of a system or payment-processing failure, contact support for a rerun or refund review. Because reports are generated from live query results, refunds are generally not available after delivery except where required by law or where PropertyInit approves a rerun or refund for a documented service failure.

Contact support within 7 days for a no-charge re-run when a source was unavailable at the time of query. If you believe a delivered report contains an error, email support with the report ID so we can review the run and determine whether a correction, rerun, or other remedy is appropriate.

9. No Warranty

THIS REPORT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROPERTYINIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF ANY INFORMATION CONTAINED IN THIS REPORT. PROPERTYINIT DOES NOT WARRANT THAT THIS REPORT IS FREE FROM ERRORS OR OMISSIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPERTYINIT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR RELIANCE ON, THIS REPORT, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM ENVIRONMENTAL CONTAMINATION, REMEDIATION COSTS, PROPERTY VALUE LOSS, TRANSACTION LOSSES, REGULATORY PENALTIES, OR THIRD-PARTY CLAIMS, EVEN IF PROPERTYINIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROPERTYINIT'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER FOR THIS SPECIFIC REPORT.

As of the effective date of these Terms, the standard price for a single PropertyInit report is $99.00 USD. This amount is expressly incorporated as the maximum liability under this Section. Customer acknowledges that PropertyInit would not provide this service at this price point absent this limitation, and that this limitation is a material part of the parties' commercial allocation of risk.

11. No Professional Relationship

Use of this report does not create an attorney-client relationship, an environmental consultant-client relationship, or any other professional relationship between PropertyInit and the user, the property owner, the buyer, the seller, any lender, or any other party.

12. Intended Use

This report is intended solely as a preliminary screening tool to assist users in determining whether further environmental due diligence may be warranted before engaging a licensed Environmental Professional. It is not intended and must not be used as the sole basis for any real estate acquisition, financing decision, regulatory filing, or legal proceeding.

13. Third-Party Reliance Prohibited

This report is prepared solely for the internal use of the purchasing Customer and Customer's personnel working on the same commercial matter. No other person or entity may rely on this report for any purpose without PropertyInit's written authorization. PropertyInit expressly disclaims any duty or liability to any third party who obtains or relies on this report without that written authorization.

14. Report Currency; Recommended Re-Run Window

This report reflects database records available as of the date and time shown on the report cover page. Environmental conditions and database records may change at any time after the report generation date. PropertyInit recommends that this report not be relied upon for transactions that have not closed within 180 days of the report generation date. PropertyInit does not warrant the accuracy or completeness of this report at any time, including within the 180-day recommended window. Users should obtain a new report if material time has elapsed, if the property's use or ownership has changed, or if new environmental events are known or suspected.

15. Regulatory Compliance

This report does not assess, confirm, or certify compliance with any federal, state, or local environmental law, regulation, permit, or ordinance. Nothing in this report constitutes legal advice.

16. Permitted Use; Restrictions; Indemnification

17. Artificial Intelligence Disclosure

The narrative summaries, risk ratings, and findings contained in PropertyInit reports are generated in whole or in part by large language model (LLM) artificial intelligence technology. AI-generated content is synthesized from raw database records and may contain errors, omissions, misattributions, or misinterpretations of the underlying data. AI synthesis does not constitute professional judgment. The raw database query results underlying the AI-generated narrative are included in the appendix of every report; Customer is advised and encouraged to review those underlying records independently of the narrative summary. The risk rating assigned by this report represents the output of an automated system, not the opinion of a licensed Environmental Professional, engineer, geologist, or other credentialed practitioner. Customer remains responsible for independent review and for escalating to a qualified professional where the transaction requires formal diligence.

18. SBA and Regulatory Use Prohibition

THIS REPORT DOES NOT SATISFY, AND MAY NOT BE SUBMITTED IN SATISFACTION OF, ANY ENVIRONMENTAL REVIEW REQUIREMENT UNDER SBA STANDARD OPERATING PROCEDURE 50 10 8 OR ANY OTHER SBA LOAN PROGRAM REQUIREMENT. SBA lenders are advised that use of this report does not satisfy the Records Search with Risk Assessment (RSRA) or Phase I ESA requirements for SBA 7(a), SBA 504, or any other SBA-administered loan program. This report may not be submitted to any government agency, regulatory body, or court as evidence of environmental compliance, due diligence, or site assessment. Lenders, underwriters, and other regulated entities are solely responsible for ensuring compliance with applicable regulatory requirements governing their use of environmental information.

19. Data Currency and Coverage Tiers

Each PropertyInit report includes a data appendix identifying each database queried, the timestamp of each query, and the status of each query (records found / no records found / database unavailable at time of query). EPA Toxic Release Inventory (TRI) data may lag actual facility activity by 12 to 18 months. EPA RCRA data is updated on a rolling basis but may not reflect recent violations or permit changes. State databases (CA GeoTracker, TX TCEQ LPST, FL DEP Cleanup Sites) reflect records available at the time of query and may not include recently filed reports or newly discovered contamination events. PropertyInit is not responsible for omissions attributable to database update cycles, government data entry delays, or temporary database unavailability.

For properties located outside of CA, TX, and FL, underground storage tank (UST) data is sourced from the EPA UST Finder, which reflects a bulk data download with a vintage of approximately 2018-2019. This data may not reflect UST registrations, removals, or cleanup actions occurring after that period. The report discloses the coverage tier and data vintage where applicable. Purchasers requiring current UST data for non-enhanced states should independently verify records with the applicable state environmental agency.

PropertyInit accepts report orders for eligible US commercial property addresses in all 50 states and the District of Columbia. Non-US addresses are not supported. All reports include queries of the federal environmental databases described in these Terms.

Reports are delivered under one of two coverage tiers:

1. Enhanced Coverage (California, Texas, Florida): In addition to all federal databases, these reports include the manifest-backed state source used for that property state. Today that enhanced routing resolves to California GeoTracker, Texas TCEQ LPST / UST GIS downloads, or Florida DEP cleanup and storage tank geodata, as applicable.
2. Federal Coverage (all other US states): These reports include all federal database queries plus a query of the EPA UST Finder. UST Finder data reflects a 2018–2019 data vintage and may not include more recent UST registrations, removals, or enforcement actions. The coverage tier and data vintage are disclosed on the face of each report.

PropertyInit makes no representation that Enhanced Coverage is available for any state other than CA, TX, and FL as of the report date. Public roadmap references, including NY, WA, CO, PA, OR, and IL, describe planned integrations only and do not change the coverage tier for any report until those state adapters are implemented. The coverage tier applicable to a given report is determined at the time of report generation based on the geocoded state of the subject property.

20. Governing Law; Venue; Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. Unless applicable law requires otherwise, any dispute arising out of or relating to this Agreement, a report, or the PropertyInit service shall be brought exclusively in the state or federal courts located in Maryland, and each party consents to that forum and venue. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect.

Notices required under this Agreement shall be sent to PropertyInit LLC at hello@propertyinit.com or such mailing address as PropertyInit may publish on its website.