Terms of Service

Last Updated: May 7, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PURCHASING ANY UNDR CO PRODUCT OR SERVICE. BY PLACING AN ORDER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16(e) BELOW); AND (II) YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

If you do not agree to these Terms of Service, you must not place an order.

1. Scope and Relationship to Other Terms.

(a) Scope. These Terms of Service (these “Terms of Service”) govern your purchase and use of all products and services offered by UNDR CO (“UNDR,” “we,” “us,” or “our”), including soil testing kits, laboratory analysis services, testing reports, and related materials (collectively, “Products and Services”).

(b) Incorporated Documents. These Terms of Service incorporate by reference, and should be read together with: (i) the UNDR Terms of Use (the “Terms of Use”), available at www.undrco.com/terms-of-use, which govern your use of our website, mobile applications, and account portal (collectively, the “Platform”) and access to your registered UNDR account (your “Account”); (ii) the UNDR Master Disclaimer and Limitation of Liability (the “Master Disclaimer”), available at www.undrco.com/disclaimer, which applies to all UNDR testing reports, materials, and communications; and (iii) the UNDR Privacy Policy (the “Privacy Policy”), available at www.undrco.com/privacy, which describes how we collect, use, and protect your personal information. In the event of any conflict between these Terms of Service and the Terms of Use, Master Disclaimer, or Privacy Policy, 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's liability or protects UNDR 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, these Terms of Service shall control. The Master Disclaimer is a material part of these Terms of Service.

(c) Acceptance. By placing an order through the Platform, you represent, warrant, and agree that: (i) you have read, understood, and agree to be bound by these Terms of Service, the Terms of Use, the Master Disclaimer, and the Privacy Policy; (ii) you are at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is greater; (iii) you reside within the United States of America; and (iv) you have the legal capacity to enter into a binding agreement and to make the purchase. Each order you place constitutes a separate offer to purchase Products and Services subject to these Terms of Service. We reserve the right to accept or decline any order for legitimate business reasons, including product availability, pricing errors, or suspected fraudulent activity. If we decline an order after payment has been processed, we will provide a full refund within ten (10) business days.

(d) Changes to Terms of Service. We may revise and update these Terms of Service from time to time, provided that any material changes shall require thirty (30) days’ prior written notice to you. All changes shall become effective thirty (30) days after notice is provided to you, and shall apply only to Services commenced after the effective date of such changes. However, any changes to the dispute resolution provisions, including the arbitration, class action waiver, and jury trial waiver provisions, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform. We will use reasonable efforts to notify you of material changes, such as by posting a notice on the Platform or sending a communication to the email address associated with your Account. Your continued purchase or use of Products and Services following the effective date of revised Terms of Service, after receiving notice as set forth herein, shall constitute acceptance of such changes. We recommend that you review these Terms of Service periodically. If you do not agree to any revised Terms of Service, your sole remedy is to discontinue purchasing and using Products and Services.

 

2. Products and Services.

(a) Overview. UNDR offers at-home soil testing kits that enable you to collect soil samples and submit them to our laboratory for elemental and compositional analysis. Depending on the specific kit purchased, our testing services may analyze your soil sample(s) for the presence of various elements and substances, which may include precious metals, rare earth elements, heavy metals, hydrocarbons, and other components.

(b) Kit Options. UNDR currently offers the following kit options, each of which tests for specified components as described on its respective product detail page on the Platform: (i) UNDR Treasure Hunting Kit, which tests for precious metals and other specified elements; (ii) UNDR Treasure Hunting Plus Kit, which tests for precious metals, oil, rare earth elements, and other specified elements; (iii) UNDR Health & Safety Kit, which tests for heavy metals and other specified elements; (iv) UNDR Health & Safety Plus Kit, which tests for heavy metals, petroleum contaminants, and other specified elements; and (v) UNDR Premium Kit, which provides testing for precious metals, heavy metals, hydrocarbons, rare earth elements, and other specified elements. We reserve the right to modify, discontinue, or introduce new Products and Services at any time. If we discontinue a product you have already purchased but not yet used, we will provide reasonable notice and offer a comparable alternative or refund at your option. Product descriptions, testing capabilities, and kit inclusions are as described on the applicable product detail page at the time of your order.

(c) Kit Contents. Each kit includes sample collection materials, sampling instructions, a prepaid return shipping label for your soil sample(s), and access to your testing report(s) through your Account portal (the “Portal”). The specific contents of each kit are described on the applicable product detail page. Premium and Plus kits include materials for up to two (2) soil samples. Basic kits include materials for one (1) soil sample.

(d) Informational and Educational Purpose Only. All Products and Services, including testing reports, are provided solely for general informational and educational purposes. They do not constitute, and must not be relied upon as, geological, environmental, engineering, medical, health, safety, legal, financial, investment, appraisal, regulatory, or any other form of professional advice. Without limiting the generality of the foregoing, UNDR Products and Services do not: (i) confirm or guarantee commercially recoverable minerals, economically viable deposits, or extractable reserves; (ii) determine contamination status, toxicity levels, health risks, or regulatory compliance; (iii) assess property values, mineral rights values, or land-use suitability; (iv) satisfy any legal disclosure, due diligence, environmental assessment, or regulatory requirement; (v) provide medical, health, or safety advice or determinations; or (vi) characterize property-wide or subsurface conditions beyond the specific sample(s) tested.

UNDR 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 for purposes of regulatory compliance testing. Our testing does not meet regulatory, legal, or environmental remediation standards unless expressly stated in a separate written agreement. Our laboratory facilities and testing procedures are designed to meet generally accepted analytical standards for the type of informational soil composition analysis we offer; however, this statement does not constitute a warranty of accuracy or fitness for any particular purpose and is subject to the disclaimers and limitations of liability set forth in these Terms of Service and the Master Disclaimer. If you have concerns about the presence of valuable materials, environmental contamination, health risks, or any other matter, you must consult qualified licensed professionals before making any decisions. See the Master Disclaimer for complete details.

 

3. Ordering and Payment.

(a) Placing Orders. Orders for Products and Services may be placed through the Platform. All orders are subject to acceptance by UNDR. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud.

(b) Pricing. All prices are listed on the Platform in U.S. dollars and are subject to change without notice, provided that the price in effect at the time you submit your order will apply to that order. Prices do not include applicable sales tax, use tax, or other government-imposed fees, which will be calculated and added at checkout as required by law.

(c) Payment. We accept the payment methods indicated on the Platform at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full order amount, including applicable taxes and shipping fees, to that payment method. If your payment method is declined or fails, we reserve the right to cancel your order. We are not responsible for any fees charged by your financial institution in connection with your payment method, except where such fees result from our error or a failed transaction caused by our systems.

(d) Order Confirmation. After you place an order, we will send a confirmation email to the email address associated with your Account. The confirmation email constitutes our acceptance of your order and the formation of a binding contract under these Terms of Service with respect to that order.

(e) Your Account. Use of the Products and Services requires a registered Account on the Platform. Creation, maintenance, security, and termination of your Account are governed by the Terms of Use. By placing an order, you reaffirm your agreement to the account provisions set forth in the Terms of Use and acknowledge that you are responsible for all activity occurring under your Account.

(f) Promotional Offers and Discounts. From time to time, we may offer promotional pricing, discounts, or special offers. Such offers are subject to their specific terms and conditions and may be modified or withdrawn at any time. Promotional offers cannot be combined unless expressly stated. We reserve the right to void any order that improperly applies a promotional offer.

 

4. Shipping and Delivery.

(a) Kit Shipping. We will ship your kit within one to two (1–2) business days of receiving your order. You may select standard or expedited shipping at checkout. Shipping times are estimates only and are not guaranteed.

(b) Shipping Availability. UNDR Products and Services are currently available for shipping only within the 50 United States. We do not ship internationally.

(c) Risk of Loss. Title to and risk of loss of any kit passes to you upon delivery to your designated shipping address. We are not responsible for any loss, damage, or delay caused by the shipping carrier after the kit has been tendered for shipment, provided that we will work with you and the carrier to resolve any shipping issues and will replace kits lost or damaged in transit at no additional charge to you.

(d) Return Sample Shipping. Prepaid return shipping for your soil sample(s) is included with every kit. You must use the prepaid return shipping materials and label provided with your kit to send your sample(s) to our laboratory. If a sample is lost or damaged in transit despite use of the provided prepaid return shipping, UNDR will provide one (1) replacement collection kit per order at no additional charge. Replacements for subsequent losses of the same order may be provided at UNDR's discretion and may be subject to a reduced-cost replacement fee. UNDR is not responsible for samples shipped by methods or carriers other than those specified with the prepaid return materials.

 

5. Gift Orders.

(a) Purchasing a Gift. UNDR kits may be purchased as gifts. To place a gift order, select the gift option at checkout. Gift orders will be shipped directly to the designated recipient at the shipping address you provide. Gift orders may only be shipped to addresses within the 50 United States. The gift purchaser represents and warrants that the gift recipient resides within the United States. UNDR does not ship kits internationally, including to non-US gift recipients, and any order attempting to designate an international shipping address will be canceled and refunded. 

(b) Acceptance of Terms by Gift Recipients. By using a kit received as a gift, including creating an UNDR registered account, registering the kit, collecting a sample, and/or submitting a sample for testing, the gift recipient agrees to be bound by these Terms of Service, the Terms of Use, the Master Disclaimer, and the Privacy Policy in their entirety. By accepting and using a gift kit, the gift recipient further represents that they reside within the United States and meet all eligibility requirements set forth in Section 1(c). The gift purchaser represents and warrants that they have informed the gift recipient of the existence and applicability of these terms, including the arbitration, class action waiver, and liability limitation provisions, and UNDR may rely on this representation. UNDR will also provide notice of these terms to the gift recipient through the UNDR account registration process and kit materials. Gift recipients must be at least 18 years of age or the age of majority in their jurisdiction of residence, whichever is greater. If a gift recipient is under the age of 18, the kit must be used solely under the direct supervision of a parent or legal guardian, and such parent or legal guardian assumes full responsibility for compliance with these Terms of Service, the Terms of Use, the Master Disclaimer, and the Privacy Policy on behalf of the minor, including but not limited to sample collection, account registration (which must be completed by the supervising adult), and interpretation of results. UNDR does not knowingly provide Products and Services directly to minors. The gift purchaser represents and warrants that if the gift recipient is a minor, the purchaser has obtained the consent of a parent or legal guardian who will supervise use of the kit and assume responsibility under these terms.

(c) Refunds for Gift Orders. Gift order refunds will be issued to the original purchaser in accordance with Section 6. below.

 

6. Returns and Refunds.

(a) Unopened Kits. Unopened kits may be returned within thirty (30) days of purchase for a full refund. To initiate a return, contact us at support@undrco.com. You are responsible for return shipping costs for unopened kits unless the return is due to a defect or error on our part.

(b) Opened Kits. Kits that have been opened but where no sample has been submitted for testing may be returned within thirty (30) days for a refund minus a fifteen percent (15%) restocking fee to cover actual handling and inspection costs. The remaining balance will be refunded to the original payment method.

(c) Non-Refundable Items. The following are non-refundable: (i) testing services for samples that have been submitted to and received by our laboratory; (ii) shipping charges, unless the return is due to a defect or error on our part; and (iii) kits returned more than thirty (30) days after purchase.

(d) Defective or Damaged Kits. If your kit arrives damaged or defective, please contact us at support@undrco.com within seven (7) days of receipt. We will replace the defective or damaged kit at no additional cost.

(e) Refund Processing. Refunds will be processed to the original payment method within ten (10) business days of our receipt of the returned kit (or, for defective kits, within ten (10) business days of your report). Depending on your financial institution, it may take additional time for the refund to appear on your statement.

 

7. Sample Collection, Handling, and Submission.

(a) Your Responsibilities. You are solely responsible for: (i) collecting soil samples in accordance with the instructions provided with your kit (the “Instructions”); (ii) ensuring that samples are collected from locations where you have the legal right to collect them, including obtaining all necessary permissions from property owners and complying with all applicable laws and regulations regarding soil collection; (iii) accurately labeling, documenting, and recording the location, depth, and other relevant details of each sample as directed by the Instructions; (iv) properly packaging and shipping samples to our laboratory using the prepaid return shipping materials provided; and (v) submitting samples within a reasonable timeframe. Samples submitted after the specified timeframe may yield unreliable results, and UNDR reserves the right to decline to test such samples.

(b) No Chain-of-Custody Verification. UNDR does not supervise, control, or verify the collection, labeling, handling, storage, or shipment of samples. We rely entirely on the information you provide regarding sample identity, collection location, depth, method, and timing. We make 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. UNDR assumes no liability for errors, inaccuracies, or misinterpretations resulting from sample collection practices, chain-of-custody issues, or other conditions outside of UNDR’s direct control.

(c) Consent to Testing. By submitting a soil sample to our laboratory, you: (i) consent to our performing the testing services associated with the kit you purchased; (ii) reaffirm your agreement to these Terms of Service, the Terms of Use, the Master Disclaimer, and the Privacy Policy; (iii) represent and warrant that you have read and understand the Instructions and that you collected the sample in accordance with the Instructions; and (iv) represent and warrant that you had the legal right to collect the sample from the location where it was collected.

(d) Unsuitable Samples. If our laboratory determines that a sample is unsuitable for testing due to insufficient quantity, contamination, degradation, improper packaging, or any other reason, we will notify you. In such cases, we may, in our sole discretion, offer to send a replacement collection kit at no additional charge. No refund will be issued for testing services associated with unsuitable samples if the unsuitability was not caused by UNDR.

(e) Legal Compliance for Sample Collection. When collecting samples from public or private property other than your own or including your own, you must obtain proper permissions and follow all applicable laws and regulations regarding soil collection. UNDR IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY VIOLATION OF LAW OR INFRINGEMENT OF THIRD-PARTY RIGHTS IN CONNECTION WITH YOUR COLLECTION OF SOIL SAMPLES.

 

8. Testing and Results.

(a) Testing Turnaround. We typically process tests within four to six (4–6) business days of receiving your sample(s) at our laboratory. UNDR Premium members (customers who have purchased an UNDR Premium Kit through the Platform) receive expedited processing, typically within one to three (1–3) business days of our receipt of samples. These timeframes are estimates only and are not guaranteed. Testing may take longer due to sample volume, laboratory capacity, equipment maintenance, quality control procedures, or other factors.

(b) Results Delivery. Testing results will be posted to your Portal as soon as they are available. We will notify you by email when your results are ready. Results will remain available in your Portal for historical comparison and reference.

(c) Accuracy and Limitations. Our tests measure elemental and compositional content at detection limits that vary by element, analytical method, instrument, and sample matrix. All results are accompanied by standard margins of error, which will be disclosed in your report. However, due to the inherent limitations of scientific testing, we do not warrant that test results will be entirely or completely accurate beyond the stated margins of error. Results may be affected by, among other things: (i) laboratory margins of error and detection thresholds; (ii) methodological limitations and inherent scientific uncertainty; (iii) sampling variability and sample condition; and (iv) the specific instruments, reagents, and analytical methods employed. Contextual information provided in reports, including “typical ranges” or general scientific references, is provided for general educational background only and may not reflect site-specific regulatory standards, risk thresholds, or property conditions.

(d) Sample-Specific Results. Testing results reflect analysis of the specific soil sample(s) submitted by you at the time of collection. Results do not represent, warrant, or guarantee conditions across any broader property, subsurface area, deposit, groundwater system, structure, or adjacent land. Components that are not detected in one sample may be present in other locations, and components detected in one sample may not be present elsewhere. Soil composition is inherently variable across location, depth, and time.

(e) Ownership of Reports. UNDR retains all right, title, and interest in and to the format, structure, methodology, interpretive content, educational materials, and other intellectual property embodied in your testing report. Subject to your compliance with these Terms of Service, UNDR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download, and print your testing report solely for your personal, non-commercial, informational use. You may share your report with qualified professionals you engage for consultation purposes. You may not otherwise reproduce, redistribute, publish, sublicense, sell, or publicly display any report or any portion thereof without UNDR’s prior written consent. This license terminates automatically upon termination of your Account or any breach of these Terms of Service.

(f) No Determination of Value, Risk, or Compliance. Detection of any element or substance in your sample does not indicate: (i) the presence of economically recoverable deposits or commercially viable reserves; (ii) economic value, property value, or mineral rights value; (iii) health risks, toxicity levels, or safety; (iv) contamination status or regulatory compliance; or (v) the need for remediation, cleanup, or any particular action. Determining whether deposits are economically recoverable, whether contamination is present at actionable levels, or whether any condition poses a health or safety risk requires professional assessment by qualified licensed professionals. See the Master Disclaimer for complete details.

(g) What to Do with Your Results. UNDR reports are educational only. If your report shows elements or substances you wish to investigate further, you should consult qualified professionals, including geologists, environmental consultants, health professionals, attorneys, and financial advisors as appropriate to your situation. Do not make property purchases, sales, development decisions, financial investments, legal claims, real estate disclosures, or any other significant decisions based on UNDR results. UNDR results cannot be used for environmental assessments, real estate transactions, regulatory reporting, legal proceedings, insurance claims, or any purpose requiring certified professional testing.

(h) AI-Generated Content in Reports. You acknowledge and expressly agree that portions of your testing report, including educational context, interpretive summaries, and informational content, may be generated, enhanced, or assisted by artificial intelligence (AI) technologies, machine learning algorithms, or other automated systems. You understand that AI-generated content may contain errors, inaccuracies, outdated information, hallucinations, or other defects, and that such content has not been independently verified by qualified professionals unless expressly stated otherwise. We do not warrant the accuracy, completeness, reliability, or appropriateness of any AI-generated content. You agree not to rely on AI-generated content for any decisions affecting health, safety, property, financial matters, or legal compliance without independent verification by qualified professionals. See the Master Disclaimer for additional detail regarding AI-generated content. 

 

9. Data Retention and Use.

(a) Sample Retention. We retain a remnant of each submitted sample for thirty (30) days following testing in the event that questions arise or re-testing is warranted. After thirty (30) days, sample remnants are responsibly discarded. In rare cases, we may re-run samples within the thirty (30) day retention period. A re-run fee may apply.

(b) Report Retention. Your testing reports will remain available in your Portal for as long as your Account remains active, unless we notify you otherwise. We reserve the right to modify report retention periods with reasonable notice.

(c) De-Identified and Aggregated Data. You acknowledge and agree that UNDR may use de-identified and aggregated data derived from testing for research, analytical, statistical, or commercial purposes, provided that such data does not identify any individual or property. This right survives termination of your Account or these Terms of Service.

(d) Raw Data. We can provide a CSV export of your raw test data upon request. Raw data is provided for informational purposes only and does not constitute professional analysis, advice, or certification. Any use or interpretation of raw data must be performed by qualified professionals. UNDR reserves the right to charge a reasonable fee at our sole discretion for raw data requests.

 

10. Bulk and Educational Orders.

We offer bulk pricing for schools, camps, educational institutions, and similar organizations. Bulk orders may be subject to additional terms and conditions. For information about bulk pricing and educational orders, contact us at info@undrco.com.

 

11. Electronic Communications. 

By placing an order, creating an Account, or using the Products and Services, you consent to receive electronic communications from UNDR, including order confirmations, shipping notifications, results notifications, account alerts, and other communications related to the Products and Services. You agree that all agreements, notices, disclosures, and other communications that UNDR provides to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications by contacting us at support@undrco.com; however, withdrawal of consent may limit your ability to use certain features of the Products and Services, including access to your Portal and testing results.

 

12. Disclaimer of Warranties.

ALL PRODUCTS AND SERVICES, INCLUDING TESTING KITS, LABORATORY ANALYSIS, TESTING REPORTS, AND ALL RELATED MATERIALS, ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDR 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 OF TESTING RESULTS OR ANY CONTENT; (B) MERCHANTABILITY; (C) FITNESS FOR A PARTICULAR PURPOSE; (D) NON-INFRINGEMENT; (E) ECONOMIC UTILITY OR INVESTMENT SUITABILITY; (F) TITLE; AND (G) QUIET ENJOYMENT. NO ORAL OR WRITTEN STATEMENT BY UNDR OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE.
WITHOUT LIMITING THE FOREGOING, UNDR MAKES NO WARRANTY OR REPRESENTATION THAT: (A) TEST RESULTS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE; (B) DETECTION OF ANY ELEMENT OR SUBSTANCE INDICATES ECONOMIC VALUE, RECOVERABLE DEPOSITS, CONTAMINATION, HEALTH RISK, OR REGULATORY NON-COMPLIANCE; (C) NON-DETECTION OF ANY ELEMENT OR SUBSTANCE ESTABLISHES ITS ABSENCE IN THE TESTED SAMPLE, ON YOUR PROPERTY, OR ELSEWHERE; OR (D) TESTING RESULTS ARE SUITABLE FOR ANY PARTICULAR USE, INCLUDING REAL ESTATE TRANSACTIONS, REGULATORY COMPLIANCE, LEGAL PROCEEDINGS, OR PROFESSIONAL DECISION-MAKING.

 

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDR 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 PRODUCTS AND SERVICES, 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 A SPECIFIC TEST, REPORT, OR TRANSACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO UNDR FOR THAT SPECIFIC TEST, REPORT, OR TRANSACTION. IF ANY LIMITATION ON DAMAGES IS FOUND UNENFORCEABLE, LIABILITY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). THE FOREGOING LIMITATIONS APPLY IN THE AGGREGATE TO ALL CLAIMS ARISING FROM THE SAME TEST, REPORT, OR TRANSACTION. NOTHING IN THESE TERMS OF SERVICE LIMITS LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. THE DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND OTHER PROTECTIVE PROVISIONS OF THESE TERMS OF SERVICE SHALL BE INTERPRETED BROADLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

14. Indemnification.

You agree to indemnify, defend, and hold harmless UNDR and its affiliates, officers, directors, employees, agents, contractors, and representatives from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your purchase or use of any Products and Services; (ii) your collection, handling, or submission of soil samples, including any violation of law or infringement of third-party rights; (iii) your interpretation of, reliance upon, or use of testing results for any purpose; (iv) any decisions you make or actions you take based on or related to testing results; (v) your violation of these Terms of Service, the Terms of Use, or any applicable law or regulation; or (vi) any misrepresentation made by you, including regarding sample origin, collection location, or collection method. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

 

15. User Responsibilities and Assumption of Risk.

(a) Assumption of Risk. You acknowledge that soil testing inherently involves scientific uncertainty and that testing results are limited to the specific sample(s) submitted. You expressly assume all risks associated with interpretation and use of the Products and Services, including testing results and all related materials, except for risks arising from UNDR’s gross negligence, willful misconduct, or fraud.

(b) Professional Consultation. You are solely and exclusively responsible for determining whether additional testing, professional evaluation, regulatory reporting, or independent expert consultation is appropriate for your specific circumstances. Before making any decision relating to land use, mineral exploration, environmental remediation, property transactions, regulatory compliance, health considerations, or financial investment, you should consult qualified licensed professionals and appropriate governmental authorities. UNDR has specifically advised you to seek such independent professional advice.

(c) Prohibited Uses of Results. UNDR testing results are not intended for use in: (i) real estate transactions, property assessments, or disclosure requirements; (ii) environmental assessments, regulatory reporting, or compliance determinations; (iii) legal proceedings, insurance claims, or regulatory filings; (iv) property valuations, mineral rights valuations, or reserve estimations; (v) any purpose requiring certified or accredited laboratory testing; or (vi) any purpose requiring professional geological, environmental, health, or legal determinations. You acknowledge that UNDR results are not suitable for such purposes. ANY SUCH USE IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDR DISCLAIMS ALL LIABILITY ARISING FROM SUCH USE.

 

16. Dispute Resolution and Arbitration.

(a) Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@undrco.com and attempt in good faith to resolve any dispute informally for a period of at least sixty (60) days. During this period, both parties agree to participate in good-faith negotiation, which may include a telephonic or videoconference discussion between you and an authorized representative of UNDR.

(b) Binding Arbitration. If the dispute is not resolved through informal resolution within sixty (60) days, you and UNDR agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Terms of Use, or the Products and Services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Shasta County, California, or, at your election, may be conducted by telephone, videoconference, or based on written submissions. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, this arbitration agreement shall not apply to: (i) actions for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of UNDR’s intellectual property rights; (ii) claims brought in small claims court that remain in such court and do not seek class-wide relief; (iii) actions or proceedings brought by any governmental or regulatory authority; (iv) any counterclaim asserted by UNDR in response to litigation initiated by you; or (v) privacy law takedown notices and counter-notices submitted under the procedures established in these Terms of Service.

Consolidation and Batching of Claims. UNDR may, at its election, consolidate into a single proceeding any arbitration claims arising from or relating to the same test, report, transaction, methodology, or alleged conduct. If twenty-five (25) or more substantially similar arbitration claims are filed against UNDR within any rolling twelve (12) month period, UNDR may require that the claims be administered in batches as follows: (a) the parties shall select a representative batch of up to twenty-five (25) claims to proceed first; (b) all other claims in the cohort shall be held in abeyance pending resolution of the representative batch; (c) following resolution of the representative batch, the parties shall meet and confer in good faith on the disposition of the remaining claims, including bellwether procedures, mediation, or further batching; and (d) the arbitrator shall have authority to enforce this provision. Any statute of limitations or other time-based defense applicable to claims held in abeyance shall be tolled during the period of abeyance.

1. Payment of Fees. If you initiate arbitration, you will be responsible for paying the AAA filing fee up to the amount you would pay to file a complaint in the applicable court. UNDR will pay any additional AAA fees. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules.
2. Opt-Out. You may opt out of this arbitration provision by sending written notice to legal@undrco.com within sixty (60) days of first accepting these Terms of Service. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, neither party will be required to arbitrate, and any disputes shall be resolved in accordance with Section 16.(e) below. Upon receipt of a valid opt-out notice, we will confirm receipt by email within five (5) business days.

 

(c) Class Action and Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND UNDR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AND UNDR EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE TERMS OF USE, OR THE PRODUCTS AND SERVICES. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision shall be null and void, and any disputes shall be resolved in accordance with Section 16.(e) below.

(d) ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR AFTER YOU REASONABLY DISCOVER OR SHOULD HAVE DISCOVERED THE FACTS GIVING RISE TO THE CLAIM, WHICHEVER IS LATER; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL ANY CLAIM BE BROUGHT MORE THAN TWO (2) YEARS AFTER THE UNDERLYING CONDUCT GIVING RISE TO THE CLAIM. ANY CAUSE OF ACTION OR CLAIM NOT TIMELY COMMENCED SHALL BE PERMANENTLY BARRED.

(e) Judicial Forum for Non-Arbitrated Disputes. To the extent that the arbitration provision does not apply (including if you have validly opted out), any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Terms of Use, or the Products and Services shall be brought exclusively in the federal or state courts located in Shasta County, California. You and UNDR each consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

 

17. Governing Law. 

The validity, interpretation, construction and performance of these Terms of Service, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law.

 

18. No Fiduciary or Advisory Relationship.

Nothing in these Terms of Service shall be construed to create any fiduciary duty, professional duty, advisory relationship, agency relationship, joint venture, partnership, or ongoing service obligation between UNDR and you. Except as expressly required by applicable law, UNDR 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. UNDR has no obligation to update any materials, including website content, marketing materials, educational content, blog posts, reports, or other information, to reflect subsequent conditions, developments, or information. These Terms of Service are for the sole benefit of UNDR and you and shall not create any third-party beneficiary rights, except that UNDR’s affiliates, successors, assigns, officers, directors, employees, agents, and service providers shall be entitled to enforce the limitations of liability, disclaimers, indemnification provisions, and other protective provisions contained herein as third-party beneficiaries. No other person shall have any right to enforce any provision of these Terms of Service.

 

19. Force Majeure.

UNDR shall not be liable for any failure or delay in performing its obligations under these Terms of Service to the extent that such failure or delay results from circumstances beyond UNDR’s reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, government actions, power failures, internet or telecommunications failures, supply chain disruptions, or failures of third-party service providers including shipping carriers; provided, however, that equipment failures or malfunctions shall only constitute force majeure if they result from circumstances beyond UNDR’s reasonable control and UNDR has exercised reasonable care in maintaining such equipment. In the event of a force majeure event lasting more than sixty (60) days, either party shall have the right to terminate the affected order, and you shall receive a refund of any amounts paid for unperformed services.

 

20. Severability.

If any provision of these Terms of Service 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.

 

21. Survival.

The following provisions shall survive any termination or expiration of these Terms of Service or closure of your Account: Section 2(d) (Informational and Educational Purpose Only), Section 7. (Sample Collection, Handling, and Submission), Section 8. (Testing and Results), Section 9. (Data Retention and Use), Section 12. (Disclaimer of Warranties), Section 13. (Limitation of Liability), Section 14. (Indemnification), Section 15. (User Responsibilities and Assumption of Risk), Section 16. (Dispute Resolution and Arbitration), Section 17. (Governing Law), Section 18. (No Fiduciary or Advisory Relationship), and any other provision that by its nature or express terms should survive.

 

22. Waiver.

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any waiver must be in writing and signed by UNDR to be effective. UNDR’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

23. Assignment.

You may not assign or transfer these Terms of Service or any rights or obligations hereunder without our prior written consent. UNDR may assign or transfer these Terms of Service to any affiliate, successor, or acquirer of all or substantially all of UNDR’s business or assets, or in connection with any merger, consolidation, or similar transaction, and may also assign its rights to receive payment hereunder. Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

24. Notices.

Any notice required or permitted under these Terms of Service shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by email, upon confirmation of receipt or, if no confirmation is received, twenty-four (24) hours after sending, provided that no delivery failure notification is received by the sender; or (c) forty-eight (48) hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid. Notices to UNDR shall be sent to legal@undrco.com or to UNDR CO, 1302 Court Street, Redding, CA 96001, Attn: Legal. Notices to you shall be sent to the email address associated with your Account or, if applicable, to the most recent mailing address you have provided to UNDR.

 

25. Entire Agreement.

These Terms of Service, together with the Terms of Use, the Master Disclaimer, and the Privacy Policy, constitute the entire agreement between you and UNDR with respect to the purchase and use of Products and Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and UNDR with respect to such Products and Services. You acknowledge and agree that, except for statements that would constitute fraudulent misrepresentation under applicable law, you shall not rely on any statements, representations, or communications not expressly set forth in these Terms of Service or the Master Disclaimer.

 

26. California Consumer Disclosure. 

Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, for the purpose of resolving a complaint regarding the Products and Services or to receive further information regarding use of the Products and Services.

 

27. Contact Information.

If you have any questions about these Terms of Service, please contact us at:

UNDR CO, 1302 Court Street, Redding, CA 96001
Email: support@undrco.com
Website: www.undrco.com

For bulk and educational orders: info@undrco.com

© 2026 UNDR CO. All rights reserved. No reproduction, redistribution, publication, resale, derivative use, or public dissemination without prior written consent.