Terms of Use
Last Updated: May 7, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICES MADE AVAILABLE THROUGH IT. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.
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 THE JUDICIAL FORUM SECTION 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. SEE SECTION 18 (DISPUTE RESOLUTION AND ARBITRATION) BELOW FOR COMPLETE DETAILS.
If you do not agree to these Terms of Use, you must not access or use the Website.
1. Acceptance of Terms.
Welcome to the website operated by UNDR CO (“UNDR,” “we,” “us,” or “our”). These Terms of Use (these “Terms of Use”) govern your access to and use of (i) the website located at www.undrco.com and any subdomains thereof (the “Site”); (ii) any mobile applications or other digital interfaces owned or controlled by UNDR (together with the Site, the “Platform”); and (iii) your registered UNDR account (your “Account”) and the account portal through which testing reports, account information, and related content are accessed (the “Portal”).
These Terms of Use apply to all visitors, browsers, and registered users of the Platform, whether or not they have purchased any products or services from UNDR.
Your use of the Platform is also governed by the following additional documents, each of which is incorporated into these Terms of Use by reference: (i) the UNDR Terms of Service, available at www.undrco.com/terms-of-service, which govern the purchase of UNDR products and services, including ordering, shipping, returns, sample submission, testing, results delivery, and dispute resolution; (ii) the UNDR Master Disclaimer and Limitation of Liability (the “Master Disclaimer”), available at www.undrco.com/disclaimer, which applies to all UNDR materials, reports, and communications; and (iii) the UNDR 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 Use and the Terms of Service, 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, the Terms of Service shall control. The Master Disclaimer is incorporated into and forms a material part of the Terms of Service. Notwithstanding the foregoing, with respect to user acknowledgments, user representations, assumption of risk, prohibited uses, and intellectual property provisions in any of the Terms of Service, Master Disclaimer, or Privacy Policy, the provision providing the broadest protection to UNDR shall control.
By accessing or using the Platform, you represent, warrant, and agree that: (i) you are at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is greater; (ii) you are located within the United States of America at the time of access and use; (iii) you have the legal capacity to enter into a binding agreement; (iv) you have read, understood, and agree to be bound by these Terms of Use, the Terms of Service (if applicable), the Master Disclaimer, and the Privacy Policy; and (v) all information you provide to us is accurate, current, and complete. If you do not meet all of these requirements, you must not access or use the Platform.
2. Changes to Terms.
We reserve the right to modify, amend, or replace these Terms of Use at any time in our sole discretion. For changes that materially affect your rights, including changes to limitations of liability, indemnification, arbitration, dispute resolution, fees, or intellectual property provisions (“Material Changes”), we will provide at least thirty (30) calendar days’ prior written notice to your registered email address. Material Changes shall be effective upon expiration of the thirty-day notice period. Non-material changes shall be effective upon posting of the revised Terms of Use to the Platform. Your continued use of the Platform following the effective date of any change constitutes your acceptance of the revised Terms of Use.
3. Website Availability.
We reserve the right to withdraw or amend the Platform, and any service, feature, or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
4. Account Registration and Security.
(a) Account Creation. To access certain features of the Platform, including the Portal where testing reports are delivered, you must create an Account. When creating an Account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.
(b) Account Security. Your Account is personal to you. You are responsible for maintaining the confidentiality of your username, password, and any other credentials associated with your Account. You agree to: (i) not share your Account credentials with any other person; (ii) not permit any other person to access the Platform using your Account; (iii) notify us immediately at security@undrco.com of any unauthorized access to or use of your Account; and (iv) log out of your Account at the end of each session, particularly when accessing the Platform from a shared or public device. You are solely responsible for all activity that occurs under your Account, whether or not authorized by you.
(c) Account Termination. We reserve the right to disable, suspend, or terminate your Account at any time in our sole discretion. For any termination not based on fraud, illegal activity, material breach, or imminent risk to UNDR, other users, or the Platform, we will provide reasonable advance notice and refund any prepaid amounts for services not yet performed. Upon any termination, you will have thirty (30) calendar days to download any pending reports or testing results from your Account. We may terminate immediately and without prior notice for fraud, illegal activity, material breach, or imminent risk.
5. Informational and Educational Purpose Only.
(a) No Professional Advice. All content, materials, data, reports, and information available on or through the Platform (collectively, “Content”) are provided solely for general informational and educational purposes. The Content does 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.
(b) Not a Substitute for Professional Services. UNDR is not a state-certified environmental laboratory under California Health and Safety Code Section 100825 et seq., a licensed geological survey, or a professional consulting firm. UNDR does not provide environmental assessments, property valuations, regulatory compliance determinations, health risk assessments, or land-use recommendations. UNDR’s testing services are provided for informational purposes only and do not satisfy any regulatory testing or assessment requirements under federal, Delaware, or California law. The Platform and all Content are not substitutes for professional evaluation, testing, or consultation by qualified, licensed professionals. If you have concerns about soil safety, environmental contamination, property conditions, mineral deposits, health risks, or any matter addressed or suggested by UNDR Content, you must consult qualified licensed professionals, including geologists, environmental consultants, health professionals, attorneys, and financial advisors as appropriate.
(c) AI-Generated Content. You acknowledge and expressly agree that some Content available on or through the Platform, including but not limited to portions of testing reports, educational materials, blog posts, and informational summaries, 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 make no representations or warranties regarding the accuracy, completeness, reliability, or fitness for any particular purpose 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.
(d) Sample-Specific Results. To the extent the Platform provides access to testing reports or results, such results reflect analysis of the specific soil sample(s) submitted by you and do not represent, warrant, or guarantee conditions across any broader property, subsurface area, or geographic region. For further detail, see the Terms of Service and the Master Disclaimer.
6. Intellectual Property.
(a) Our Intellectual Property. The Platform and all Content, including but not limited to text, graphics, images, logos, trademarks, service marks, trade names, software, data compilations, page layout, underlying code, and report formats, are the property of UNDR or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
(b) Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Content solely for your personal, non-commercial use. This license does not include the right to: (i) reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit any Content or any portion of the Platform; (ii) modify, create derivative works from, reverse-engineer, decompile, or disassemble any portion of the Platform; (iii) use any data mining, robots, scraping, or similar data-gathering or extraction tools on the Platform; (iv) frame, mirror, or otherwise incorporate any portion of the Platform into any other website, application, or service; or (v) use any UNDR trademarks, logos, or trade names without our prior written consent. Any use of the Platform or Content not expressly permitted by these Terms of Use is strictly prohibited and will terminate the license granted herein.
(c) Your Content. If you submit, post, or transmit any content to or through the Platform, including reviews, comments, feedback, suggestions, or other materials (collectively, “User Content”), you grant UNDR a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media now known or hereafter developed, for any purpose related to the operation, promotion, and improvement of UNDR’s business and services, including commercial purposes, subject to UNDR’s obligations under its Privacy Policy and applicable privacy law with respect to any personal information contained in such User Content. You represent and warrant that you own or have the necessary rights to grant the foregoing license and that your User Content does not infringe or violate the rights of any third party. We have no obligation to publish, display, or retain any User Content. We reserve the right to remove or modify any User Content at any time, in our sole discretion, for any reason or no reason.
7. Prohibited Conduct.
You agree not to use the Platform or any Content: (i) for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation; (ii) to infringe upon or violate the intellectual property rights or other rights of UNDR or any third party; (iii) to transmit any viruses, worms, malware, or other harmful or disruptive code; (iv) to interfere with or disrupt the operation of the Platform, its servers, or any networks connected to the Platform; (v) to attempt to gain unauthorized access to any portion of the Platform, other Accounts, computer systems, or networks connected to the Platform; (vi) to harvest, collect, or store personal information of other users; (vii) to impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity; (viii) to submit false, misleading, or fraudulent information; (ix) to engage in any activity that could damage, disable, overburden, or impair the Platform; (x) to use the Platform for any commercial purpose not expressly authorized by UNDR; or (xi) to harass, abuse, threaten, defame, or intimidate any person. We reserve the right to terminate your access to the Platform for any violation of this section.
8. Monitoring and Enforcement.
We have the right, but not the obligation, to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for UNDR; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Platform; and (v) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS UNDR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
9. Content Standards.
The following content standards apply to any and all User Content and use of interactive features on the Platform. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights of others, including rights of publicity and privacy, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (v) be likely to deceive any person; (vi) promote any illegal activity or advocate, promote, or assist any unlawful act; (vii) impersonate any person or misrepresent your identity or affiliation with any person or organization; (viii) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (ix) give the impression that they emanate from or are endorsed by UNDR or any other person or entity, if this is not the case.
10. Third-Party Links and Services.
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by UNDR. We provide these links for convenience only and do not endorse, warrant, or assume responsibility for any third-party content, products, services, or practices. Your interactions with any third party accessed through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and the third party. We are not responsible or liable for any loss, damage, or harm of any kind arising from or relating to your use of or reliance on any third-party website, service, or resource.
11. Third-Party Content on the Platform.
The Platform may include Content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, artificial intelligence systems, aggregators, and reporting services. All statements, alleged facts, and opinions expressed in such materials, and all articles and responses to questions and other Content, other than Content provided directly by UNDR, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of UNDR. 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.
12. Linking to the Website.
You may link to our homepage or to any other publicly accessible page of the Platform, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent. You must not: (i) cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site by framing, deep linking, or in-line linking in a manner that misrepresents the source of the content; (ii) use any UNDR trademark or logo without our prior written consent; or (iii) otherwise take any action with respect to the materials on the Platform 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 stop. We reserve the right to withdraw linking permission without notice.
13. Privacy.
Your use of the Platform is subject to our Privacy Policy, available at www.undrco.com/privacy, which describes how we collect, use, store, and protect your personal information. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. We may use de-identified and aggregated data derived from your use of the Platform for research, analytical, statistical, or commercial purposes, provided that such data does not identify any individual or property.
14. Electronic Communications.
By creating an Account or using the Platform, you consent to receive electronic communications from us, including emails, push notifications, and notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Disclaimer of Warranties.
THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDR DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNDR OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
16. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNDR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, REVENUE, SAVINGS, OR LOST OPPORTUNITY; (C) LOSS OF DATA, GOODWILL, OR BUSINESS INTERRUPTION; (D) DIMINUTION IN PROPERTY VALUE OR SPECULATIVE OR INVESTMENT LOSSES; (E) REMEDIATION, CLEANUP, OR ABATEMENT COSTS; (F) REGULATORY PENALTIES, FINES, OR COMPLIANCE COSTS; OR (G) THIRD-PARTY CLAIMS OR INDEMNIFICATION OBLIGATIONS; WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER UNDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL UNDR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE TERMS OF SERVICE, OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT PAID BY YOU TO UNDR FOR THE SPECIFIC TEST, REPORT, OR TRANSACTION GIVING RISE TO THE CLAIM UNDER THESE TERMS OF USE OR THE TERMS OF SERVICE. IF ANY LIMITATION ON DAMAGES IS FOUND UNENFORCEABLE, LIABILITY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). FOR VISITORS OR USERS OF THE PLATFORM WHO HAVE NOT PURCHASED ANY PRODUCT OR SERVICE FROM UNDR, AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS OF USE 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 USE SHALL BE INTERPRETED BROADLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
17. 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 use of or access to the Platform; (ii) your violation of these Terms of Use or any applicable law or regulation; (iii) your User Content or any content you submit, post, or transmit through the Platform; (iv) your violation of any rights of any third party; or (v) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim.
18. 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 Use or your use of the Platform 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 Use.
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.
- 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.
- 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 Use. 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 the Judicial Forum section 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 USE OR YOUR USE OF THE PLATFORM. 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 the Judicial Forum section below.
(d) ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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 Use or your use of the Platform 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.
19. Governing Law.
These Terms of Use and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law provisions.
20. Digital Millennium Copyright Act.
If you believe that any Content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate; and (vii) a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. DMCA notices should be sent to: UNDR CO, 1302 Court Street, Redding, CA 96001, Attn: DMCA Agent, or by email to legal@undrco.com.
21. No Fiduciary or Advisory Relationship.
Nothing in these Terms of Use 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, 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 Use 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 Use.
22. Force Majeure.
UNDR shall not be liable for any failure or delay in performing its obligations under these Terms of Use to the extent that such failure or delay results from circumstances beyond UNDR’s reasonable control that could not have been prevented by the exercise of reasonable care, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, government actions or orders, power failures, internet or telecommunications failures, or failures of third-party service providers, provided that UNDR provides prompt notice of such event and uses commercially reasonable efforts to resume performance as soon as practicable.
23. Severability.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the parties agree that the court or arbitrator shall have the authority to modify such provision to the minimum extent necessary to render it enforceable while preserving its intent to the maximum extent permitted by law, 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.
24. Survival.
The following provisions shall survive any termination or expiration of these Terms of Use or closure of your Account: Section 5 (Informational and Educational Purpose Only), Section 6. (Intellectual Property), Section 7. (Prohibited Conduct), Section 8. (Monitoring and Enforcement), Section 15. (Disclaimer of Warranties), Section 16. (Limitation of Liability), Section 17. (Indemnification), Section 18. (Dispute Resolution and Arbitration), Section 19. (Governing Law), Section 21. (No Fiduciary or Advisory Relationship), Section 24. (Survival), Section 25. (Waiver), Section 26. (Assignment), Section 27. (Entire Agreement), and any other provision that by its nature or express terms should survive termination of these Terms of Use.
25. Waiver.
No waiver of any provision of these Terms of Use 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 Use shall not constitute a waiver of such right or provision.
26. Assignment.
You may not assign or transfer these Terms of Use or any rights or obligations hereunder without our prior written consent. UNDR may assign or transfer these Terms of Use 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. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
27. Entire Agreement.
These Terms of Use, together with the Terms of Service, the Master Disclaimer, and the Privacy Policy, and any additional terms expressly referenced herein, constitute the entire agreement between you and UNDR with respect to your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and UNDR with respect to the Platform. 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 Use or the Terms of Service.
28. 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 or (916) 445-1254 (TDD), for the purpose of resolving a complaint regarding the Platform or to receive further information regarding use of the Platform.
29. Contact Information.
If you have any questions about these Terms of Use, please contact us at:
UNDR CO, 1302 Court Street, Redding, CA 96001
Email: legal@undrco.com
Website: www.undrco.com
© 2026 UNDR CO. All rights reserved. All Content on this Platform is protected by copyright and other intellectual property laws. Unauthorized use is prohibited. See Section 6. (Intellectual Property) for details.