By accessing the Barrister Data website, you are agreeing to be bound by and to fully comply with these Terms and Conditions. You also agree to comply with all applicable laws and regulations. You acknowledge that you have read and understand these Terms and Conditions.
Barrister Data is not a law firm and it is not engaged in the practice of law in any state. Barrister Data does not provide legal advice and it does not perform the services of an attorney. No attorney-client relationship is formed by the use of this site. You understand that your purchase, use, or download of any information, Report, or Data from this site is not legal advice and does not constitute the practice of law. The information contained in these documents is intended for research and analysis purposes only and is not an acceptable offer, does not form a legally binding contract, nor can it be used as evidence of Barrister Data’s intent to enter into a legally binding contract. The information contained in this document does not constitute legal advice and is not a substitute for consulting with an attorney. Barrister Data does not review, opine on, or approve any of the content entered by you on the site. Real property is unique and the information here is not all-inclusive. Only the specific facts of each individual matter can determine whether liability exists, and for purposes of determining whether liability exists, an attorney should be consulted. The research presented has only been conducted using California Codes and Cases (“Data”). The law in other states may be different and you should consult an attorney in order to make that determination. The determinations provided in the disclosure report (“Report”) have only been made using specifically identified and described governmental data. No determination is made and no opinion is expressed, or intended concerning the likelihood of liability in any particular matter. This is not a warranty. Barrister Data EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTY OF MERCHANTABILITY; (B) THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) ANY WARRANTY OF TITLE; (D) AND ANY IMPLIED WARRANTY AGAINST INFRINIGEMENT.
Barrister Data MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, INFORMATION, RESEARCH OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, INFORMATION, RESEARCH OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, INFORMATION, RESEARCH OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD BARRISTER DATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS INFORMATION, DATA, AND/OR REPORT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BARRISTER DATA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BARRISTER DATA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
User is the individual or entity for which the Data and/or Report has been provided. This Data and/or Report may not be used, referred to, or relied upon by any person or entity other than the User. No person or entity, other than the User, shall be entitled to use or rely on the Data and/or Report. No person or entity, other than the User, shall be deemed, treated, or considered to be a beneficiary (intended or otherwise) of this Data and/or Report.
The hazard determinations in the Report are made for the real property specifically described in the Report (the “Subject Property”). Under no circumstances shall the Subject Property include any property beyond the boundaries of the real property described in the Report. Under no circumstances shall the Subject Property include any structures (located on the Subject Property, or not), any easements, or any right, title, interest, estate, or easement in any abutting streets, roads, alleys, lanes, ways, or waterways.
No determination is made and no opinion is expressed, or intended, by the Data or Report concerning any condition of the Subject Property. No determination is made and no opinion is expressed, or intended, by this information as to title to the Subject Property. No determination is made and no opinion is expressed, or intended, by this information concerning whether the Subject Property is comprised of legal lots in conformance with the California Subdivision Map Act or local ordinances.
No determination is made and no opinion is expressed, or intended, by this information concerning the right, entitlement, or ability to develop or improve the Subject Property. Barrister Data has no information concerning whether the Subject Property can be developed or improved. Barrister Data expresses no opinion or view, and assumes no responsibility, with respect to the development or improvement of the Subject Property.
No determination is made and no opinion is expressed, or intended, by this information concerning the habitability of structures on the Subject Property, suitability of the Subject Property for construction or improvement, potential for soil settlement, drainage, soil subsidence, or other soil or site conditions. No determination is made and no opinion is expressed, or intended, by this information concerning structures or soils on or outside of the Subject Property. No determination is made and no opinion is expressed, or intended, by this information concerning the environmental condition of the Subject Property, the presence of hazardous or toxic materials or substances, or any other defects on, under, or above the Subject Property. No determination is made and no opinion is expressed, or intended, by this information concerning architectural, structural, mechanical, engineering, or legal matters. No determination is made and no opinion is expressed, or intended, by this information concerning the marketability or value of the Subject Property. No determination is made and no opinion is expressed, or intended, by the Report concerning the need to purchase flood, fire, earthquake, or any other type of insurance for the Subject Property.
The information is not a substitute for a physical or visual examination or inspection of the Subject Property. If detailed on-site information regarding geologic, environmental, engineering, planning, or other professional studies is desired, Barrister Data recommends that an appropriate qualified professional consultant be retained, as Barrister Data has not conducted any physical or visual examination, testing, or inspection of the Subject Property.
The Data and Report are issued as of the date identified on the Report. The Data and Report are intended to address only those matters expressly described in the text of the Data and Report on the date identified in the Report. Neither the Data nor the Report is intended to expressly or impliedly address any matter not specifically described in the text of the Data and Report.
Barrister Data shall have no obligation to advise any User of any information or Data learned or obtained after the date of the Data and Report even if such information would modify or otherwise affect the Data or Report. Changes may be made to Data and/or Government Records subsequent to Barrister Data’s acquisition of same and Barrister Data is not responsible for advising the User of any changes. Barrister Data is not liable for any impact on the Subject Property that any change to the Data and/or Government Records may have.
Barrister Data has reviewed and relied upon Government Records and Databases specifically identified and described in the Data and Report. Barrister Data has not reviewed or relied upon any Data or Government Records that are not specifically identified in the Data and Report. Barrister Data has accurately reported on information contained in Government Records.
Regardless of whether or not the following maps have been recorded, Barrister Data has not reviewed, and will not review, any assessor parcel maps, assessor maps, survey maps, surveyor maps, plat maps, parcel maps, subdivision maps, engineering maps, or developer maps. Barrister Data also has not reviewed whether or not such maps have been recorded. No determination is made and no opinion is expressed, or intended, by the Data or Report concerning any matters identified in Government Records that were not reviewed by Barrister Data.
The terms “zone”, “area”, or “mapped”, found in the hazard determinations in the Report, are words strictly defined as geographic locations delineated by specific boundaries identified in the maps and/or data prepared by the applicable governmental agency. Because of the fact that mapped hazard zones may represent generalized hazard information, if the questionable edge of a hazard zone impacts any portion of the Subject Property, the Report will reflect that the Subject Property is located “IN” the zone. Likewise, if the Subject Property shares a common area with other properties (examples include mobile homes, planned developments, town homes, condominiums) and any portion of the common area of the complex in which the Subject Property is located is situated in the specified hazard zone, due to the quality and availability of the parcel boundary information supplied by the government agency, “IN” may be reported even if the property/unit/lot that is the subject of the Report is itself not located in the specified hazard zone. If the parcel boundaries include only the individual unit’s boundaries and do not include common areas for which property owners may also be responsible, hazards that exist only in the common areas may not be reported as “IN” in the Report.
Barrister Data has not conducted an independent investigation of the accuracy of Government Records and assumes no responsibility for the accuracy of the Government Records identified in the Data and Report. Barrister Data has relied upon the Government Records specifically identified in the Data and Report.
In order to prepare the Data and Report, Barrister Data has relied upon information provided by the User of the Data and/or Report including, but not limited to the Assessor’s Parcel Number and/or the legal description of the Subject Property. Barrister Data has relied upon that information without conducting an independent investigation of the accuracy of same. In no way will Barrister Data assume any responsibility for the accuracy of information provided by User.
The Data and Report shall be governed by, and construed in accordance with, the laws of the State of California. The Data and Report constitute the entire, integrated agreement between Barrister Data and User, and supersede and replace all prior statements, representations, negotiations, and agreements.
If any provision of the Terms and Conditions to this Data and Report is determined to be invalid or unenforceable for any reason, then such provision shall be treated as severed from the remainder of the Terms and Conditions, and shall not affect the validity and enforceability of all of the other provisions of the Terms and Conditions. Any dispute, controversy, or claim arising out of, or relating in any way, to the Data and/or Report, shall be resolved by binding arbitration in Los Angeles, California, in accordance with the arbitration rules of the Judicial Arbitration and Mediation Service (JAMS). You hereby agree that, by agreeing to binding arbitration, you are waiving the right to a jury trial and you are waiving the right to participate in a class action. The prevailing party in the arbitration shall be entitled to its attorneys’ fees and costs, including, without limitation, the fees of the arbitrator.