TERMS AND CONDITION
NHDNow.com compiled data and prepared this Natural Hazards Disclosure Report for the exclusive use of NHDNow.com and their clients. This Natural Hazard Disclosure Report is prepared pursuant to California Civil Code section 1103.2 in order to relieve the transferor and his or her agent of liability as per California Civil Code section 1103.4(c). NHDNow.com shall not be responsible for any errors or omissions known to exist by the Recipient and not disclosed. NHDNow.com makes no representation, warranty or guarantee, expressed or implied, to the availability of such liability protection.
This report is valid only for the property designated by this report (“Subject Property”) on the date this report was prepared. The Subject Property is designated by the parcel boundaries provided to NHDNow.com by the county government. This report shall not extend beyond boundary lines, or any easements adjoining the Subject Property. This report is applicable to residential property only with four units or less.
This report is for the exclusive use by NHDNow.com, the transferor, transferee, and their agents (“Recipient”) of the subject property. The liability of NHDNow.com is limited only to the Recipient. This report shall not be duplicated or distributed to any third parties, without the written consent of NHDNow.com Any duplication of this report is in violation of the copyrights, trademarks and service marks of NHDNow.com. NHDNow.com shall not be liable for use of this report beyond the scope and intent of the Natural Hazard Disclosure Laws.
The information disclosed in this report is valid only on the date this report was prepared. NHDNow.com shall have no duty to disclose to the Recipient any changes on maps or any information, subsequent to the date of this report.
NHDNow.com shall not visually or physically inspect the Subject Property. We rely on the maps and information made available from Government records and public agencies. NHDNow.com cannot certify the accuracy of these maps and shall not take responsibility for the correctness of information furnished by the Recipient, third parties, or Government records. Every reasonable effort has been made to properly interpret the data provided by the government entities. It is the responsibility of the Transferor to disclose to the Transferee and to NHDNow.com any known information that may conflict with this hazard report.
NHDNow.com assumes without further verification that the information on the Subject Property provided by the Recipient for the preparation of this report is correct, including but not limited to the correct address, assessors parcel number, and legal description. Upon notification of an inaccurate address, assessors parcel number, or legal description, NHDNow.com shall issue a replacement report.
NHDNow.com assumes no responsibility arising from the need, or lack of a need, for earthquake, flood, fire, and hazard insurance. We recommend that the Recipient contact the National Flood Insurance Program regarding flood insurance. NHDNow.com shall not be responsible to this report’s effect on the valuation of the Subject Property. Any claim against NHDNow.com shall be limited to actual damages. In no case shall NHDNow.com be liable for speculative damages, lost profits, or direct or indirect, incidental or consequential damages arising out of the issuance or use of this report.
If a dispute occurs between the Recipient and NHDNow.com, all parties agree to mediate and arbitrate any disputes or claims, provided NHDNow.com shall have agreed to such mediation or arbitration prior to, or within a reasonable time after, the time that the dispute or claim is presented to NHDNow.com. Each party shall select one arbitrator and both arbitrators shall select the third. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. Each arbitrator shall be a retired judge or justice, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discover in accordance with substantive California Code of Civil Procedure 1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award or the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
ACCEPTANCE OF OR USE OF THIS REPORT BY RECIPIENT OR ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITION STATED HEREIN. NHDNOW.COM SHALL EXTEND ITS LIABILITY ONLY TO STATED RECIPIENT, NOT TO OTHER PARTIES OR USERS. NHDNOW.COM SHALL HAVE NO LIABILITY TO THE RECIPIENT UNLESS THE FEE FOR THIS REPORT IS PAID WITHIN 30 DAYS OF REPORT DATE. NHDNOW.COM SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PREPARATION, ISSUANCE OR USE OF THIS REPORT.