Report license and reliance terms

Version 1.0. These terms govern how an AquaVein report may be used, who may rely on it, and what happens when it changes hands. The short version: a report covers one parcel, prepared for the person who ordered it and the parties to their transaction. Pass it around that transaction freely. Nobody outside it gets to rely on it, and it does not cover the parcel next door.

1. Scope of report

Each AquaVein report is prepared for one parcel only, identified by the address, APN, parcel number, or coordinates stated in the report, and based on records available as of the date of issue. The report describes only the parcel identified in the report and must not be used as a proxy for any other parcel.

Groundwater conditions, monitoring coverage, and adopted management criteria vary from parcel to parcel, often materially over short distances. Two parcels a short distance apart may draw on entirely different monitoring wells and may carry different findings.

2. Intended user; intended use

The intended user is the purchaser named on the order, together with the parties engaged in the specific transaction for which the report was purchased, including the buyer, seller, real estate agents, brokers, escrow, title, counsel, and any lender in that transaction. The intended use is evaluation of groundwater-related conditions for that parcel in that transaction only. The report is not intended for any other person or any other purpose.

2A. Office and team licenses

Where AquaVein sells an office, team, or brokerage license, the intended user is the licensed organization and its agents, and the intended use extends to each transaction that organization conducts. Section 1 still applies without exception: each report covers one parcel, and no report may be supplied for or presented as covering any other parcel. An office license changes who may use a report, never how many parcels a report covers.

3. No reliance by possession or payment

Neither payment for a report nor receipt of a copy makes any person an intended user. Any person who is not an intended user and nonetheless relies on the report does so at their own risk, and AquaVein owes no duty of care to that person. Any person who requires groundwater due diligence for their own purposes is advised to obtain their own report, prepared for their parcel and their transaction, from AquaVein or from a provider of their own choosing.

4. License grant

Subject to these Terms, AquaVein grants the purchaser a limited, personal, non-exclusive, non-transferable, non-sublicensable license to: read, save, print, and retain the report for the purchaser’s records; circulate complete, unaltered copies to the intended users for the applicable transaction; include the report in escrow, title, loan, disclosure, regulatory, or litigation materials for that parcel and transaction; and present the report to a court, regulator, arbitrator, or other tribunal in connection with that parcel and transaction.

No further permission is required for any of the above.

5. Restrictions

Except as expressly permitted above, the purchaser may not: publish or post the report publicly, or otherwise make it accessible outside the transaction; resell, sublicense, or otherwise commercialize the report, or distribute it outside the transaction; use the report for any parcel other than the parcel identified in the report; compile, scrape, extract, or aggregate reports to create a competing dataset, index, or service; alter, edit, redact, or misrepresent the report; or present excerpts, screenshots, tables, or extracted figures as a standalone AquaVein finding unless AquaVein expressly permits it in writing.

6. Ownership

The report is licensed, not sold. AquaVein retains all right, title, and interest in and to the report format, methodology, compilation, analysis, scoring rubric, software, verification system, and related intellectual property. Public records used as source material remain public records; AquaVein claims rights only in its selection, arrangement, analysis, and presentation of those materials.

7. Verification and integrity

AquaVein reports are cryptographically signed. Any modification, truncation, or removal of signature elements will invalidate verification and will cause the altered version to cease being an AquaVein report. Verification may be performed independently at aquavein.app/verify.html against the issuer keys published there.

8. Snapshot only

A report reflects the record as of its date of issue and is not a monitoring service. AquaVein has no obligation to update a report after issuance unless a separate update, subscription, or new report is purchased.

9. Corrections

Where AquaVein identifies a defect in an issued report, it will correct and reissue the report at no charge, notify readers known to AquaVein, and preserve the original unaltered. Corrected reports are identified as such on their face.

10. Disclaimer of warranties

To the maximum extent permitted by law, AquaVein provides the report, website, software, and related services on an “as is” and “as available” basis. AquaVein disclaims all express, implied, and statutory warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, non-infringement, and any warranty arising from course of dealing, course of performance, or usage of trade. AquaVein does not warrant that any report will be free from error, that public records will be complete, or that any parcel condition will remain unchanged after the date of issue.

11. No legal, engineering, or title advice

AquaVein does not provide legal advice, title opinions, engineering opinions, hydrological guarantees, regulatory approvals, or brokerage advice. The report is an informational and transactional due-diligence product only. Each user remains solely responsible for obtaining and relying on advice from qualified professionals as appropriate for the transaction and parcel at issue.

12. Limitation of liability

To the maximum extent permitted by law, AquaVein will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for lost profits, lost revenue, lost business, loss of opportunity, diminution in value, or costs of substitute services, arising out of or related to the report, the website, the software, or these Terms, even if AquaVein has been advised of the possibility of such damages. To the maximum extent permitted by law, AquaVein’s total aggregate liability for any claim arising out of or relating to a specific report, order, or transaction will not exceed the amount actually paid to AquaVein for that report.

13. Allocation of risk

The parties acknowledge that the fees charged for AquaVein reports reflect this allocation of risk, the limited scope of the report, and the limitations stated in these Terms.

14. Indemnity by customer

To the maximum extent permitted by law, the customer agrees to defend, indemnify, and hold harmless AquaVein and its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) the customer’s misuse of a report; (b) any breach of these Terms by the customer; (c) any unauthorized alteration, publication, republication, or redistribution of a report by the customer; or (d) the customer’s violation of applicable law, regulation, or third-party rights in connection with the report or its use.

15. Indemnity procedure

AquaVein will promptly notify the customer of any indemnified claim and may participate in the defense with counsel of its choosing at its own expense. The customer may not settle any claim imposing liability or an admission of fault on AquaVein without AquaVein’s prior written consent, which will not be unreasonably withheld.

16. California savings clause

Nothing in these Terms is intended to limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable law, including liability for fraud, willful injury, or other liability that cannot lawfully be limited or excluded.

17. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or to a report will be brought exclusively in the state or federal courts located in San Bernardino County, California, and each party consents to the jurisdiction of those courts.

18. Severability

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

19. Amendment

AquaVein may amend these Terms prospectively by publishing an updated version at aquavein.app/license.html with a new version number and effective date. The Terms in effect on the date a report is purchased govern that report. Amendments do not apply retroactively to reports already issued.

20. Acceptance

By placing an order, the purchaser accepts these Terms. Acceptance is recorded at order intake. Use of a report by any person constitutes acceptance of the limitations stated in sections 1 through 3.

21. Termination

AquaVein may suspend service, refuse further orders, or terminate the license granted in section 4 if a report is used in violation of these Terms. Termination ends the right to further use of the report. Sections 3, 5, 6, and 10 through 18 survive termination.