Master Disclaimer and Limitation of Liability
This Master Disclaimer and Limitation of Liability (this “Disclaimer”) applies to all UNDR CO testing reports, laboratory analyses, account portal displays, downloadable files, website content, marketing materials, FAQs, blog content, customer communications, and any related materials or data provided by UNDR CO or its affiliates, subsidiaries, agents, contractors, or representatives (collectively, the “Materials”).
1. Informational Use Only — No Professional Advice
The Materials are provided on an “AS IS” and “AS AVAILABLE” basis solely for general informational and educational purposes. They do not constitute, and must not be relied upon as, medical, environmental, geological, engineering, agricultural, legal, financial, investment, appraisal, insurance, tax, accounting, or regulatory advice. User acknowledges and agrees that user shall not rely on any statements, representations, projections, marketing materials, or communications not expressly set forth in a written agreement signed by UNDR CO. The Materials do not constitute a determination of regulatory compliance, environmental status, health risk, contamination status, mineral rights value, reserve estimation, commercial feasibility, remediation necessity, or land-use suitability. Any mention of regulatory agencies, regulatory thresholds, or professional services is provided solely for educational and comparative purposes and should not be construed as regulatory guidance, compliance advice, or a substitute for consultation with qualified professionals. Without limiting the foregoing, UNDR CO testing results do not determine, evaluate, or certify whether any soil, sample, or property is safe for human contact, ingestion, gardening, food cultivation, child play, or any other use. UNDR CO does not assess whether any detected substance poses a health risk. Only qualified health professionals, environmental professionals, and governmental regulatory agencies may make such determinations. Users must not rely on UNDR CO results for any health, safety, or remediation decision and should consult appropriate professionals and agencies before taking action.
UNDR CO is not certified, accredited, or licensed by the U.S. Environmental Protection Agency (EPA), any state Department of Natural Resources, or any similar federal, state, or local regulatory agency. UNDR CO does not conduct testing according to federal or state regulatory standards unless expressly stated in writing in a separate agreement. User acknowledges that UNDR CO’s services are not intended to substitute for, and should not be used in place of, certified laboratory testing, governmental assessments, environmental remediation analysis, or professional services provided by licensed professionals. RESULTS ARE NOT SUITABLE FOR, AND MAY NOT BE USED FOR, ANY OF THE FOLLOWING: REGULATORY SUBMISSION; ENVIRONMENTAL COMPLIANCE DOCUMENTATION; SUPERFUND, RCRA, CERCLA, OR SIMILAR REMEDIATION DETERMINATIONS; PROPERTY TRANSFER OR REAL ESTATE DISCLOSURE; INSURANCE CLAIMS OR DETERMINATIONS; LITIGATION SUPPORT OR EXPERT TESTIMONY; OR ANY OFFICIAL COMPLIANCE OR REGULATORY DETERMINATION. FOR ANY SUCH USE, RESULTS MUST BE INDEPENDENTLY CONFIRMED BY AN EPA-CERTIFIED OR STATE-ACCREDITED LABORATORY USING METHODS APPROPRIATE TO THE INTENDED USE.
User is hereby notified that some or all of the Materials may be generated, enhanced, or assisted by generative artificial intelligence (AI) technologies, machine learning algorithms, or automated systems. User acknowledges that AI-generated outputs may contain errors, inaccuracies, outdated information, inappropriate assumptions, biases, hallucinations, or other defects, and that UNDR CO does not warrant the accuracy, currency, or appropriateness of such content for any particular use. UNDR CO makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or fitness for any particular purpose of any AI-generated content. To the maximum extent permitted by applicable law, UNDR CO disclaims all liability for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, losses, harm, or injuries of any kind resulting from or related to the use of or reliance on such AI-generated content.
2. Sample-Specific and Limited Scope
UNDR CO analyzes only the specific sample(s) submitted by the user. Soil and subsurface conditions are inherently variable across location, depth, and time. Results are limited strictly to the submitted sample at the time of collection and do not represent, warrant, or guarantee conditions across any broader property, subsurface area, deposit, reserve, groundwater system, structure, or adjacent land. The absence of detection in a sample does not establish absence in that sample, elsewhere, or at other times.
No representation or warranty is made regarding, without limitation:
- Commercially recoverable minerals
- Economically viable deposits
- Extractable reserves
- Market value or mineral rights valuation
- Remediation requirements
- Regulatory exceedances
- Health or environmental risk levels
UNDR CO does not supervise, control, or verify the collection, labeling, handling, storage, or shipment of samples submitted for analysis unless expressly stated in a written agreement signed by UNDR CO. All samples are submitted by users or third parties at their sole direction and responsibility. UNDR CO relies entirely on the information provided by the submitting party regarding sample identity, collection location, depth, method, timing, and chain-of-custody.
RESULTS REPRESENT ANALYSIS OF ONE SAMPLE COLLECTED FROM ONE LOCATION AT ONE POINT IN TIME. SOIL CONDITIONS VARY WIDELY ACROSS A PROPERTY OR AREA. A SINGLE TEST DOES NOT, AND CANNOT, CHARACTERIZE AN ENTIRE PROPERTY, LOT, PARCEL, OR AREA. USERS MUST NOT EXTRAPOLATE OR ASSUME THAT RESULTS FROM ONE SAMPLE LOCATION APPLY TO OTHER LOCATIONS, DEPTHS, OR TIMES. PROPER CHARACTERIZATION OF A PROPERTY REQUIRES MULTIPLE SAMPLES COLLECTED ACCORDING TO RECOGNIZED PROFESSIONAL SAMPLING PROTOCOLS.
UNDR CO makes no representation or warranty regarding the origin, integrity, representativeness, preservation, or condition of any submitted sample. Improper sampling techniques, cross-contamination, environmental variability, degradation during storage or shipment, labeling errors, or other handling issues may materially affect analytical results.
Users are solely responsible for ensuring that samples are collected, documented, preserved, packaged, and transported using appropriate methods and in compliance with applicable industry standards and regulatory requirements. UNDR CO assumes no liability for errors, inaccuracies, or misinterpretations resulting from sample collection practices, chain-of-custody issues, sample contamination, sample misidentification, or other conditions outside of UNDR CO’s direct control. UNDR CO does not independently verify that any submitted sample originated from the property, location, conditions, or depth represented by the user.
UNDR CO is not an accredited environmental laboratory and testing results are not intended to meet regulatory, legal, environmental remediation, or compliance standards unless expressly stated.
3. Analytical Limitations
All analytical testing performed by UNDR CO is subject to instrument detection limits, calibration tolerances, sample preparation procedures, matrix effects, margins of error, methodological limitations, sampling variability, and other methodological limitations inherent scientific uncertainty for both quantitative and qualitative science. Detection limits represent the lowest concentration at which an instrument or method can reliably identify the presence of a substance under specific testing conditions. Detection capabilities may vary depending on the physical and chemical characteristics of the submitted sample, including but not limited to soil composition, moisture content, mineralogy, particle size, organic content, and other matrix-related factors. Testing cannot confirm the existence of any mineral, metal, hydrocarbon, or other resource deposit. Contextual comparisons (including “typical ranges” or general scientific references) are provided for general background only and may not reflect site-specific regulatory standards or risk thresholds.
All testing performed by UNDR CO is limited to laboratory analysis of surface soil samples submitted by the user. UNDR CO does not conduct subsurface investigations, geological surveying, geophysical analysis, drilling, coring, trenching, excavation, reservoir analysis, or any other form of mineral, petroleum, or natural resource exploration.
UNDR CO does not test for, detect, locate, confirm, or evaluate subsurface oil, petroleum reservoirs, hydrocarbon deposits, or other underground resources. Analytical results may identify the presence of certain elements or compounds within the specific surface sample submitted for analysis, but such results do not indicate the presence, absence, location, size, quality, or economic potential of any subsurface deposit, reservoir, or geological formation.
Testing performed by UNDR CO is strictly limited to surface-level screening of the specific material provided by the user. UNDR CO does not determine whether any substance detected in a sample originated from natural seepage, environmental contamination, subsurface migration, or any other geological or environmental process.
UNDR CO does not provide geological interpretation, subsurface modeling, structural analysis, stratigraphic interpretation, geochemical prospecting advice, reservoir analysis, or exploration recommendations. The Materials do not analyze or interpret geological formations, subsurface structures, migration pathways, ore bodies, traps, reservoirs, or mineralization systems.
Nothing in the Materials constitutes geological surveying, petroleum exploration guidance, mineral exploration advice, or any professional geological service that would require licensure under applicable laws. UNDR CO does not recommend, direct, or advise users to conduct drilling, coring, trenching, excavation, geophysical surveying, or any other subsurface investigation or exploration activity.
Certain analytical methods used by UNDR CO for identifying potential petroleum-related compounds are screening techniques intended to provide qualitative or semi-qualitative information regarding the presence of hydrocarbon signatures within the submitted sample. Such screening methods are not designed to provide definitive identification of specific petroleum products, nor do they establish the source, age, origin, or environmental pathway of any detected compound. Results from these analyses may be inconclusive or indeterminate due to the inherent limitations of the analytical methods and the complex composition of environmental samples.
Where petroleum-related screening results are reported using descriptive categories (such as gasoline-range, diesel-range, or similar classifications), such designations reflect the predominant hydrocarbon signature detected within the tested sample based on the analytical method used. These classifications do not indicate that the identified category is the only substance present, nor do they exclude the possible presence of additional petroleum products, hydrocarbons, or other contaminants within the sample.
Accordingly, analytical results relating to petroleum contaminants should be interpreted solely as screening-level information regarding the submitted sample and must not be interpreted as a comprehensive characterization of all hydrocarbons or contaminants that may be present.
Analytical results indicating the presence of hydrocarbons, metals, or other compounds within a submitted sample do not establish environmental contamination, regulatory exceedance, environmental liability, or the existence of a contaminated site. Detection of any substance does not indicate the source, age, migration pathway, regulatory status, environmental risk level, or legal significance of such substance.
UNDR CO does not determine whether any detected substance constitutes environmental contamination, hazardous waste, regulated material, or reportable environmental conditions under federal, state, or local law. Users must consult qualified environmental professionals and appropriate regulatory authorities to determine whether regulatory obligations, environmental remediation requirements, or reporting obligations may apply.
Users are solely responsible for complying with all applicable laws, regulations, and property rights relating to land disturbance, excavation, mineral exploration, environmental investigation, or subsurface access.
4. NO WARRANTIES
ALL MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDR CO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION: (A) ACCURACY, RELIABILITY, OR COMPLETENESS; (B) MERCHANTABILITY; (C) FITNESS FOR A PARTICULAR PURPOSE; (D) NON-INFRINGEMENT; (E) ECONOMIC UTILITY; (F) INVESTMENT OR FINANCIAL SUITABILITY; (G) TITLE; AND (H) QUIET ENJOYMENT. NO ORAL OR WRITTEN STATEMENT BY UNDR CO OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. THIS MASTER DISCLAIMER AND LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED UNDER ALL APPLICABLE LAW.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDR CO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE PROVISION, USE OF, INTERPRETATION OF, OR RELIANCE UPON THE MATERIALS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IN NO EVENT SHALL ANY SUCH PARTY BE LIABLE, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY: (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, REVENUE, OR LOST OPPORTUNITY; (C) DIMINUTION IN PROPERTY VALUE OR LOSS OF USE; (D) SPECULATIVE OR INVESTMENT LOSSES; (E) REMEDIATION, CLEANUP, OR ABATEMENT COSTS; (F) REGULATORY PENALTIES, FINES, OR COMPLIANCE COSTS; (G) BUSINESS INTERRUPTION OR LOSS OF GOODWILL; OR (H) THIRD-PARTY CLAIMS OR INDEMNIFICATION OBLIGATIONS.
ANY DAMAGES ARISING FROM OR RELATING TO THE SPECIFIC TEST, REPORT, OR TRANSACTION AT ISSUE SHALL NOT EXCEED THE AMOUNT PAID BY USER TO UNDR CO FOR SUCH TEST, REPORT, OR TRANSACTION.
FOR USERS WHO HAVE NOT PURCHASED A PRODUCT OR SERVICE FROM UNDR CO, AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). IF ANY LIMITATION ON DAMAGES IN THIS SECTION IS FOUND UNENFORCEABLE, LIABILITY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500) IN THE AGGREGATE.
6. User Responsibility
User acknowledges that soil testing inherently involves scientific uncertainty and expressly assumes all risks associated with interpretation and use of the Materials. Users are solely responsible for how testing results are interpreted, described, communicated, or published. UNDR CO shall not be responsible for any interpretation, statement, conclusion, representation, or claim made by any user or third party regarding testing results. Users are solely and exclusively responsible for determining whether additional testing, professional evaluation, regulatory reporting, or independent expert consultation is appropriate for their specific circumstances. Before making any decision relating to land use, mineral exploration, environmental remediation, property transactions, regulatory compliance, health considerations, or financial investment, users must consult qualified licensed professionals (including but not limited to licensed geologists, environmental consultants, attorneys, financial advisors, and medical professionals as applicable) and appropriate federal, state, and local governmental authorities. UNDR CO has no obligation to update any Materials to reflect subsequent conditions or information. User acknowledges that UNDR CO has specifically advised user to seek such independent professional advice.
The Materials are provided solely for the use of the user who submitted the sample or purchased the testing service. No third party may rely upon the Materials for any purpose. UNDR CO disclaims all liability to any third party arising from or relating to the use, interpretation, distribution, or reliance upon the Materials.
Users are solely responsible for any distribution, publication, or sharing of the Materials with third parties.
UNDR CO testing results are not prepared for regulatory submission, environmental compliance documentation, legal proceedings, real estate transactions, lending decisions, insurance underwriting, or governmental review. The Materials must not be submitted to regulatory agencies, used in legal proceedings, or relied upon in property transactions without independent verification by appropriately licensed professionals and accredited laboratories.
UNDR CO reserves the right to correct, revise, replace, or withdraw any report or analytical result if errors, analytical anomalies, calibration issues, data processing errors, or other issues affecting accuracy are identified. Issuance of a corrected report shall supersede any prior version.
7. Other Terms
This Disclaimer is incorporated into and forms a material part of UNDR CO’s applicable Terms of Sale and Terms of Use, as in effect from time to time (collectively, the “Governing Terms”). In the event of any conflict between this Disclaimer and the Governing Terms, the following rules apply: (a) with respect to disclaimers of warranties, limitations of liability, assumption of risk, indemnification obligations, and any other provision that limits UNDR CO's liability or protects UNDR CO from claims, the provision that most strongly limits liability and disclaims warranties to the fullest extent permitted by applicable law shall control; and (b) with respect to all other matters, the Terms of Service shall control.
Nothing in this Disclaimer shall be construed to create any fiduciary duty, professional duty, advisory relationship, agency relationship, joint venture, partnership, or ongoing service obligation between UNDR CO and any user. UNDR CO does not undertake any duty to investigate, monitor, warn, report to governmental authorities, update results, or provide continuing analysis regarding any property, condition, or substance.
If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable while preserving its intent, and the remaining provisions shall remain in full force and effect. If modification is not possible, the unenforceable provision shall be severed without affecting the validity of the remaining provisions.
No waiver of any provision of this Disclaimer shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly stated in a written agreement expressly signed by an authorized officer of UNDR CO. This Disclaimer is for the sole benefit of UNDR CO and the user and shall not create any third-party beneficiary rights. UNDR CO may use de-identified and aggregated data derived from testing for research, analytical, statistical, or commercial purposes, provided such data does not identify any individual or property. This Disclaimer shall be interpreted broadly to the maximum extent permitted under applicable law.
8. Acceptance
By accessing, purchasing, downloading, or using any UNDR CO Materials, you expressly acknowledge that you have read, understood, and agree to be bound by this Disclaimer in its entirety, including all limitations of liability and disclaimers of warranties.