Terms of Use

Effective Date: February 25, 2026

  1. Introduction
  1. Welcome to 120 Water, Inc. (“120Water”, “we”, “us”, or “our”). Through our 120water.com website (“Website”) we provide information on and the ability of certain customers (e.g., residents) to purchase our products, e.g., at-home testing kits (“Products”), our SaaS and other services, and related information (collectively, the “Services”). Your use of our Website and our Services and purchase of our Products is governed by these Terms of Use and our privacy policy (available at www.120water.com/privacy-policy, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”) (collectively, these “Terms of Use”). Purchase of Products from our Website is also governed by our Terms of Sale (available at https://120water.com/terms-of-sale/, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein). References to “users”, “you” or “your” mean you as a casual Website visitor, someone who has created an individual (i.e., person, not an entity) user account for receiving information from us, purchase of our Products, user of our Services, or customer, as applicable. Customers that are municipalities or other government entities (“SaaS Customers”) are required to enter into a separate master services agreement.
  2. Please read the Terms of Use carefully. By using the Website, purchasing our Products or Services or by clicking to accept or agree to the Terms of Use where this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use, you must not access or use the Website or the Services. To the extent you enter into, or are an authorized user pursuant to, a separate agreement to access any of the Web-based and mobile platforms used by the Company to provide SaaS services, and the terms of the Terms of Use conflict with the terms of any such master services agreement, the terms of such master services agreement shall control to the extent of the conflict.
  3. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Sections 21-23 of these Terms of Use for more information.
  1. Privacy and Use by Minors
  1. Privacy. We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy. Your continued access or use of the Website or purchase or use of our Products or Services indicates that you agree with our Privacy Policy.
  2. Use by Minors. This Website and our Products and Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website or our Products or Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  1. Changes to the Terms of Use
  1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction sections below will not apply to any disputes for which you have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You should check our Website  page from time to time so you are aware of any changes, as they are binding on you.
  1. Accessing the Website, the Services, and Account Security
  1. We reserve the right to withdraw or modify this Website or the Services, and any service or material we provide on the Website or the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, the entire Website, the entire Services to users, including registered users.
  2. You are responsible for:
  • Making all arrangements necessary for you to have access to the Website or the Services.
  • Ensuring that all persons who access the Website or the Services through your Internet connection are aware of these Terms of Use and comply with them.
  1. To access the Website, the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Services that all the information you provide is correct, current and complete. 
  2. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, the Services or portions of it using your user name, password or other security information. You agree to notify us immediately upon your becoming aware of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  3. We have the right to disable any user name, password or other identifier at any time in our sole discretion.
  1. Online Purchases and Other Terms and Conditions
  1. All purchases or other transactions for the sale of goods through our Website are governed by our Terms of Sale of Products https://120water.com/terms-of-sale/, which is hereby incorporated by reference herein. Additional terms and conditions may also apply to specific portions, services or features of the Website or the Products or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. To the extent the terms of the Terms of Use conflict with the terms of the Terms of Sale, the Terms of Sale shall control.
  1. Intellectual Property Rights
  1. The Website, the Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  2. You agree to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or the Services, except as follows:
  • For SaaS customers, in accordance with a valid master services agreement.
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  1. You agree to not:
  • Modify copies of any materials from our Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website or the Services other than that set out in this section, please address your request to: info@120Water.com.

No right, title or interest in or to the Website, the Services or any content on the Website or the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks
  1. Our name, logo and all related product and service names, designs and slogans are trademarks of ours or our affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website or the Services are the trademarks of their respective owners.
  1. Prohibited Uses
  1. You may use the Website or the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Services:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
  1. Additionally, you agree not to:
  • Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or the Services.
  • Use any manual process to monitor or copy any of the material on the Website or the Services, or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website or the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website or the Services are stored or operated, or any server, computer or database connected to the Website or the Services.
  • Attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or the Services.
  1. Reliance on Information Posted
  1. The information presented on or through the Website or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user to the Website or the Services, or by anyone who may be informed of any of its contents.
  2. This Website or the Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  1. Changes to the Website
  1. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
  1. Linking to the Website and Social Media Features
  1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
  2. This Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Links from the Website
  1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  1. Geographic Restrictions
  1. The owner of the Website is based in the State of Indiana in the United States. We provide this Website and the Services for use only by persons located in the United States. We make no claims that the Website, the Services or any of their content is accessible or appropriate outside of the United States. Access to the Website or the Services may not be legal by certain persons or in certain countries. If you access the Website or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  1. Disclaimer of Warranties
  1. THE WEBSITE AND THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES DESCRIBED AND/OR OFFERED FOR SALE ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEOS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, SOFTWARE, MOBILE APP, OR RELATED TO THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SOFTWARE, MOBILE APP, OR RELATED TO THE SERVICES OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF PRODUCT OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
  3. NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  1. Cooperation with Law Enforcement and Government Agencies; Required Disclosures
  1. You acknowledge that we have the right to investigate and prosecute violations of these Terms of Use, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
  2. You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms of Use (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others. 
  1. Taxes
  1. If any country, federal, provincial, regional, state or local entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by us under the Terms of Use (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then we may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
  1. Limitation on Liability
  1. WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE WEBSITE, SERVICES,) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE WEBSITE, OUR PRODUCTS, OR THE SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
  2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS, SERVICES, OR ANY USER CONTENT IS TO STOP USING THE WEBSITE, PRODUCTS, AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE PRODUCT, OR SERVICE OR ONE HUNDRED DOLLARS (US$100)..

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Time to File Claims
  1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, PRODUCTS, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  1. Indemnification
  1. You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, penalties, assessments, interest, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Products or Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or the Services.
  1. Governing Law and Jurisdiction
  1. All matters relating to the Website, the Products and Services and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Indiana without regard to its principles of conflicts of laws.
  2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in Marion County, Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  1. Dispute Resolution
  1. Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.

MANDATORY BINDING ARBITRATION

  1. Other than for the grounds set forth in Section 20E below (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or our Products or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Indianapolis, Indiana, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties. 
  2. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
  3. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
  4. Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), or (b) your violation of the restrictions on use.
  1. Class Action Waiver. 
  1. Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  1. Waiver of Jury Trial. 
  1. Other than to the extent prohibited by applicable law, each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms of Use or the transactions contemplated hereby.
  1. Waiver and Severability
  1. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  1. Entire Agreement
  1. These Terms of Use, our Privacy Policy, Terms of Sale (if applicable), and master services agreement (if applicable) constitute the sole and entire agreement between you and 120 Water, Inc., with respect to the Website, the Products, and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, the Services, or purchased goods. Any inconsistency or ambiguity among such agreements shall be resolved by giving precedence in the following order: (1) master services agreement or Terms of Sale (as applicable); (2) the Terms of Use; and (3) our Privacy Policy.
  1. Contact Us
  1. If you need to contact us, our contact information is: 120 Water, Inc., P.O. Box 604, Zionsville, Indiana 46077; email: support@120Water.com.

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