PreScreenESA/Terms & Conditions

Terms and Conditions of Service

PreScreen Environmental, LLC  ·  d/b/a PreScreenESA

www.prescreenesa.com

Effective Date: April 14, 2026

Please read these Terms and Conditions ("Terms") carefully before using the PreScreenESA platform ("Service") operated by PreScreen Environmental, LLC, a Florida limited liability company ("Company," "we," "us," or "our"). By accessing or using the Service, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Description of Service

PreScreenESA is an AI-powered environmental risk screening platform that provides preliminary environmental information about real estate properties in the State of Florida. The Service accesses publicly available data from the Florida Department of Environmental Protection (FL DEP), the U.S. Environmental Protection Agency (EPA), the Federal Emergency Management Agency (FEMA), and other government databases to generate environmental risk assessments.

The Service includes an interactive map interface, environmental data overlays, AI-generated risk narratives, and downloadable PDF reports. The Service may also include a consultant directory that links to third-party environmental consulting firms.

2. Critical Disclaimer — Not an Environmental Site Assessment

THE SERVICE IS NOT A PHASE I ENVIRONMENTAL SITE ASSESSMENT AND DOES NOT SATISFY ANY REGULATORY STANDARD.

The reports and analyses generated by PreScreenESA:

  • Do NOT constitute a Phase I Environmental Site Assessment under ASTM E1527-21
  • Do NOT constitute a Transaction Screen under ASTM E1528-22
  • Do NOT satisfy the All Appropriate Inquiries (AAI) standard under 40 CFR Part 312
  • Do NOT satisfy any requirement for environmental due diligence under CERCLA, as amended
  • Do NOT constitute professional environmental consulting, engineering, geology, or scientific advice
  • Do NOT provide any protection from environmental liability under federal or state law

PreScreenESA is a preliminary screening tool intended solely to provide general environmental awareness. It is NOT a substitute for professional environmental due diligence conducted by a licensed Environmental Professional (EP) as defined under 40 CFR §312.10.

3. AI-Generated Content

Portions of the Service, including risk narratives and risk level assessments, are generated by artificial intelligence ("AI"). You acknowledge and agree that:

  • AI-generated content may contain errors, inaccuracies, omissions, or misinterpretations of underlying data
  • AI-generated risk ratings (HIGH, MODERATE, LOW) are algorithmic estimates, not professional judgments
  • The AI may misinterpret regulatory status, contaminant migration pathways, hydrogeological relationships, or the significance of environmental records
  • AI-generated content should never be the sole basis for any real estate transaction, investment, lending, or insurance decision
  • The Company makes no representation or warranty regarding the accuracy, completeness, or reliability of any AI-generated content

4. Data Sources and Limitations

The Service relies on publicly available environmental databases maintained by government agencies. You acknowledge that:

  • Government databases may be incomplete, outdated, contain errors, or fail to reflect current site conditions
  • Contamination may exist that has not been reported to or recorded by any regulatory agency
  • The absence of records in any database does not indicate the absence of environmental contamination
  • Database records may not reflect the current regulatory status of a site, facility, or cleanup action
  • Property boundaries, parcel data, flood zone designations, and geospatial information may contain inaccuracies
  • The Company does not independently verify, validate, or ground-truth any data obtained from third-party sources

The Company is not responsible for the accuracy, completeness, or timeliness of any data provided by government agencies or other third-party data sources.

5. User Accounts

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration; maintain and promptly update your account information; maintain the security of your password; and notify us immediately of any unauthorized use of your account.

You may not share your account credentials with others or allow multiple individuals to use a single account, except under a Business plan where authorized users are specified. We reserve the right to suspend or terminate accounts that violate these Terms.

6. Subscription Plans and Payment

6.1 Available Plans

  • Free: View risk level badges only. No full reports, AI analysis, or PDF export.
  • Single Report ($14.99): One-time purchase. One full report with all factors, AI analysis, and PDF export.
  • Monthly Pro ($79.99/month): Up to 10 full reports per month, AI analysis, PDF export, priority support, and saved properties.
  • Business ($199/month): Up to 50 full reports per month with all Monthly Pro features.

6.2 Payment Processing

All payments are processed through Stripe, LLC. By making a purchase, you agree to Stripe's terms of service. The Company does not store credit card information on its servers.

6.3 Subscriptions and Renewal

Monthly subscriptions automatically renew on the same date each month unless cancelled. You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

6.4 Unused Reports

Report credits included in monthly plans do not roll over to the following month. Unused report credits expire at the end of each billing cycle.

6.5 Refund Policy

Due to the nature of digital environmental data products, all sales are final. Refunds may be issued at the sole discretion of the Company in cases of documented technical failure that prevented delivery of the purchased report.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation
  • Reproduce, redistribute, resell, or commercially exploit any reports or data from the Service without written permission
  • Use automated scripts, bots, or scrapers to access the Service or extract data
  • Attempt to reverse engineer, decompile, or disassemble any aspect of the Service
  • Represent PreScreenESA reports as Phase I ESAs, Transaction Screens, or any other recognized environmental assessment standard
  • Remove, alter, or obscure any disclaimers, copyright notices, or proprietary markings from reports
  • Use reports generated by the Service to make representations to third parties regarding the environmental condition of a property without including the full disclaimer

8. Intellectual Property

All content, design, software, algorithms, and other materials comprising the Service are the property of PreScreen Environmental, LLC and are protected by applicable copyright, trademark, and other intellectual property laws. The PreScreenESA name, logo, and related marks are trademarks of the Company.

Reports generated by the Service are licensed to you for your personal or internal business use only. You may share individual reports with parties involved in a specific real estate transaction (e.g., your lender, attorney, or business partner), provided the full disclaimer is included.

9. Consultant Directory

The Service may include a directory of environmental consulting firms ("Find A Consultant"). The Company does not endorse, recommend, guarantee, or warrant any firm listed in the directory. Listing in the directory does not imply any affiliation with, certification by, or endorsement from PreScreen Environmental, LLC or PreScreenESA.

You are solely responsible for evaluating the qualifications, credentials, licensing, and suitability of any consultant you engage. The Company is not a party to any agreement between you and any consultant and bears no liability for the quality, accuracy, or timeliness of services provided by any listed firm.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

IN NO EVENT SHALL PRESCREEN ENVIRONMENTAL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  • Any direct, indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, business opportunities, or goodwill
  • Any damages arising from reliance on information provided by the Service
  • Any damages arising from environmental contamination, remediation costs, regulatory enforcement, or cleanup liability
  • Any damages arising from the failure to identify or accurately characterize environmental conditions
  • Any damages arising from decisions to purchase, sell, finance, insure, or develop real property based in whole or in part on information from the Service

THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless PreScreen Environmental, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, your violation of these Terms, your violation of any applicable law or regulation, or any claim by a third party arising from your use of reports or data from the Service.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect information including your name, email address, payment information (processed by Stripe), property search history, and usage data. We do not sell your personal information to third parties.

13. Modifications to Terms and Service

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered users or by posting a notice on the Service. Your continued use of the Service after any modification constitutes acceptance of the revised Terms.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

14. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, your right to use the Service ceases immediately.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Florida.

Before initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting the Company at info@prescreenesa.com. The parties shall attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days before filing any claim.

16. Class Action Waiver

YOU AGREE THAT ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PreScreen Environmental, LLC regarding the Service and supersede all prior agreements, representations, and understandings.

19. Contact Information

PreScreen Environmental, LLC
Email: info@prescreenesa.com
Website: www.prescreenesa.com