Terms & Conditions
Company: Geoterra, LLC DBA Geoterra Engineering & Construction Consultants
Website: https://geoterraec.com/
These Website Terms and Conditions (“Terms”) govern your access to and use of the website operated by Geoterra, LLC (“Geoterra,” “we,” “us,” or “our”). By accessing or using this website, you acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree to these Terms, you should not use this website.
1. Website Information Only
The information provided on this website is intended solely for general informational and educational purposes. Website content does not constitute engineering advice, a professional opinion, a property assessment, a design recommendation, or a substitute for services performed by a qualified professional who has evaluated the specific property, structure, or conditions involved.
No person should make construction, repair, purchase, sale, financing, safety, or other decisions based solely on information appearing on this website.
2. No Professional or Client Relationship
Accessing this website, submitting an online form, sending an email, requesting information, or otherwise communicating with Geoterra through this website does not, by itself, create an engineer-client, consultant-client, fiduciary, or other professional relationship.
A professional relationship is created only when Geoterra and the client enter into a written agreement defining the scope, terms, and conditions of the services to be performed.
Unless Geoterra has agreed otherwise in writing, information submitted through the website should not be considered confidential.
3. Description of Services
Geoterra provides professional consulting and evaluation services that may include visual assessments, structural observations, foundation-related evaluations, geotechnical consultation, engineering analysis, reports, recommendations, and other services described in a written proposal or service agreement.
Descriptions of services on this website are general in nature. The actual scope of any engagement will be governed exclusively by the applicable written proposal, agreement, authorization, or contract between Geoterra and the client.
If these Terms conflict with a signed agreement for professional services, the signed agreement will control with respect to those services.
4. Nature and Limitations of Assessments
Unless expressly stated otherwise in a written agreement, Geoterra’s assessments are based on conditions that are visible, reasonably accessible, and observable at the time services are performed, together with information made available to Geoterra.
Visual assessments can provide reliable and useful information; however, they cannot identify every possible condition or defect. Concealed, latent, intermittent, subsurface, inaccessible, or subsequently developing conditions may not be detectable through a visual or limited assessment.
Geoterra does not perform destructive testing, excavation, dismantling, material sampling, laboratory testing, environmental testing, or other invasive procedures unless those services are specifically included in the written scope of work.
Any conclusion or recommendation represents professional judgment based on the information and conditions available at the time. It is not an absolute guarantee that all defects, risks, causes, or future conditions have been identified.
5. Changes in Conditions
Properties, structures, soils, drainage conditions, construction materials, and surrounding environments may change over time. Geoterra’s findings and opinions apply only to the conditions observed and information available on the date the services were performed.
Geoterra is not responsible for conditions that arise, change, worsen, or become apparent after an assessment or report is completed.
When new movement, cracking, settlement, water intrusion, deterioration, structural distress, or other concerns arise, the property should be reevaluated by an appropriately qualified and licensed professional.
6. Client Responsibilities
Clients are responsible for:
- Providing complete and accurate information relevant to the assignment;
- Disclosing known conditions, prior repairs, reports, plans, testing, claims, or other material information;
- Providing safe, lawful, and timely access to the property and areas included in the scope of work;
- Identifying known hazards or restricted areas before services begin;
- Obtaining required permissions from property owners, occupants, associations, or other responsible parties; and
- Reviewing Geoterra’s reports and promptly notifying Geoterra of any questions or apparent factual errors.
Geoterra is not responsible for incomplete conclusions, delays, additional costs, or other consequences caused by inaccurate information, withheld information, inaccessible areas, unsafe conditions, or limitations outside Geoterra’s reasonable control.
7. Reports, Opinions, and Recommendations
Reports, letters, drawings, photographs, calculations, recommendations, and other work products prepared by Geoterra are developed for the specific client, property, purpose, and scope identified in the applicable agreement or document.
Geoterra’s opinions are based on professional judgment and the available information. They should be understood as reasonable professional opinions rather than guarantees, warranties, certifications, or assurances of future performance.
Recommendations may identify the need for further evaluation, monitoring, testing, repair design, specialty consultation, or services from a licensed civil, structural, foundation, or geotechnical engineer. Clients are responsible for deciding whether and when to implement those recommendations.
8. Third-Party Use and Reliance
Unless Geoterra expressly agrees otherwise in writing, its reports and other work products are intended solely for the use of the named client and for the specific purpose stated in the document.
No purchaser, seller, lender, insurer, contractor, real estate professional, governmental agency, subsequent property owner, or other third party may rely on Geoterra’s work product without Geoterra’s prior written authorization.
Any unauthorized use, distribution, interpretation, alteration, or reliance by a third party is at that party’s sole risk. Geoterra assumes no duty, responsibility, or liability to any unauthorized third party.
Providing a copy of a Geoterra document to another person does not make that person a client, expand the original scope of services, or create a professional obligation to that person.
9. Reuse and Modification of Work Product
Geoterra’s reports, letters, drawings, details, photographs, calculations, specifications, and other professional materials may not be reused for another property, project, location, phase of construction, or purpose without Geoterra’s prior written approval.
No portion of a Geoterra document may be altered, removed, excerpted in a misleading manner, or presented out of context.
Geoterra is not responsible for any use of its work product that is inconsistent with its stated purpose, based on changed conditions, modified without authorization, or applied to a different project or property.
10. No Guarantee of Governmental or Third-Party Decisions
Geoterra does not control and cannot guarantee the decisions or actions of building departments, permitting authorities, code officials, contractors, lenders, insurers, homeowners’ associations, courts, or other third parties.
No statement on this website or in a professional work product should be interpreted as a guarantee that a permit will be issued, a design will be approved, a repair will be accepted, a transaction will close, or a third party will reach a particular decision.
11. Construction and Repair Responsibility
Unless construction administration or observation services are expressly included in a written agreement, Geoterra is not responsible for construction means, methods, techniques, sequences, procedures, job-site safety, contractor supervision, or the quality of labor and materials.
Contractors and other construction professionals remain responsible for verifying dimensions and existing conditions, complying with applicable codes and manufacturer requirements, and completing work in a safe and workmanlike manner.
Observations made by Geoterra during or after construction do not constitute continuous inspection or a guarantee that the work is free from defects.
12. Testimony, Depositions, and Legal Proceedings
Geoterra’s ordinary professional services do not include expert testimony, depositions, court appearances, mediation, arbitration, hearings, preparation for litigation, or consultation with attorneys.
Geoterra is not required to provide such services unless separate written arrangements are made in advance, including agreement on scope, scheduling, compensation, and payment terms.
13. Website Accuracy and Availability
Geoterra makes reasonable efforts to provide useful and accurate website content. Nevertheless, website information may contain errors, omissions, outdated material, or generalizations that do not apply to a particular situation.
Geoterra does not warrant that the website will be uninterrupted, secure, error-free, or free from harmful components. We may modify, suspend, or discontinue any portion of the website at any time.
14. External Links
This website may contain links to third-party websites or resources. These links are provided for convenience only.
Geoterra does not control, endorse, or assume responsibility for third-party content, services, privacy practices, security, accuracy, or availability. Accessing a third-party website is at the user’s own risk and is subject to that website’s terms and policies.
15. Intellectual Property
Unless otherwise identified, the website and its content—including text, graphics, photographs, logos, designs, reports, illustrations, downloads, and other materials—are owned by or licensed to Geoterra and are protected by applicable intellectual-property laws.
Users may view and print reasonable portions of the website for personal, noncommercial use. No website content may be copied, republished, distributed, sold, modified, displayed, used to train an automated system, or incorporated into another work for commercial purposes without Geoterra’s prior written permission.
“Geoterra,” its logo, and related names and marks may not be used without authorization.
16. Prohibited Website Use
You may not use this website:
- For any unlawful, fraudulent, or misleading purpose;
- To interfere with the website’s operation or security;
- To introduce malicious code or attempt unauthorized access;
- To collect information about other users without authorization;
- To impersonate another person or organization;
- To misrepresent a relationship with Geoterra;
- To reproduce or exploit website content in violation of these Terms; or
- In any manner that could damage Geoterra, its clients, its systems, or its reputation.
17. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
GEOTERRA DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND AVAILABILITY.
Nothing in this section changes any obligation that Geoterra expressly accepts in a signed professional-services agreement.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEOTERRA AND ITS MEMBERS, EMPLOYEES, CONSULTANTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE.
This limitation includes, without limitation, losses resulting from reliance on website content, loss of data, loss of business, loss of profits, project delay, or damage caused by third-party websites or services.
Any limitation of liability applicable to professional services will be governed by the written agreement covering those services.
19. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Geoterra and its members, employees, consultants, and representatives from claims, losses, liabilities, damages, and reasonable expenses arising from your unlawful use of the website, your violation of these Terms, or your unauthorized use or alteration of Geoterra’s content or work product.
20. Privacy
Information collected through the website is handled in accordance with Geoterra’s Privacy Policy.
Users should review the Privacy Policy for information concerning website analytics, cookies, contact forms, personal information, and third-party service providers.
21. Governing Law and Venue
These Terms will be governed by the laws of the State of [State], without regard to its conflict-of-law principles.
Any legal action arising from or relating to the website or these Terms must be brought in a court of competent jurisdiction located in [County], [State], unless applicable law or a signed agreement requires otherwise.
22. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.
23. No Waiver
Geoterra’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or of Geoterra’s right to enforce it later.
24. Changes to These Terms
Geoterra may revise these Terms periodically. Revised Terms will be posted on this page with an updated effective date.
Continued use of the website after revised Terms are posted constitutes acceptance of those revisions.
25. Contact Information
Questions concerning these Terms may be directed to:
Geoterra, LLC
admin@geoterraec.com
richard.a.negri@geoterraec.com
https://geoterraec.com/
(410)-814-8747