Terms of Sale
Last Modified: November 19, 2025
1. Overview
A. By placing an order for goods (e.g., water testing kits) from our 120water.com website
(“Site”), you accept and are bound by these terms of sale (“Terms”). You may not order
or obtain goods from the Site if you (a) do not agree to these Terms, (b) are not the older
of (i) at least 18 years of age or (ii) legal age to form a binding contract with 120 Water
Inc., or (c) are prohibited from accessing or using the Site or any of the Site’s contents,
goods or services by applicable law.
B. These Terms apply to the sale of goods by 120 Audit, Inc. (referred to as “120Water”,
“us“, “we“, or “our”) and the purchase of (i) goods and related services by an individual
consumer (an “At-Home Customer”) and (ii) goods by customers pursuant to a master
services agreement (“SaaS Customer”). These Terms are subject to change by us at any
time, in our sole discretion, and effective on the date posted; provided however, that
changes to periodic purchase plans will be made in accordance with Section 3. The latest
version of these Terms will be posted on out Site, and you should review these Terms
prior to purchasing any goods that are available through this Site. Your continued use of
this Site after a posted change in these Terms will constitute your acceptance of and
agreement to such changes.
C. If you are an At-Home Customer, these Terms are an integral part of the Terms of Use
(available at https://120water.com/terms-of-use/, and as updated from time to time and
effective on the date posted, and which is incorporated by reference herein) and which
apply generally to the use of our Site. If you are SaaS Customer, these Terms are an
integral part of the master services agreement between you and us (the “MSA”, which,
for SaaS Customers, is incorporated herein by references). For clarity, the purchase of
services by a SaaS Customer are governed by the MSA, and the purchase of goods is
governed by these Terms.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under
these Terms, all goods listed in your order. All orders are subject to our review and
acceptance, And we may choose not to accept any order in our sole discretion. After having
received your order, if we accept it, we will send you a confirmation e-mail with your order
number and details of the items you have ordered. Acceptance of your order and the
formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer
Service Department at 1-888-317-1510.
3. Periodic Purchase Plans. You may purchase certain goods individually or as part of a
reoccurring periodic purchase plan pursuant to the terms described in your offer and your
order confirmation e-mail.
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A. Periodic Purchase Plans for At-Home Customers. This Section 3(A) applies to At-Home
Customers that purchase goods pursuant to a periodic purchase plan. Unless otherwise
described in your offer and your order confirmation e-mail, you agree (i) to purchase
three (3) of the same goods and testing service levels in a twelve (12) month period, and
(ii) to pay the amounts owing in three equal installments with each installment being due
every one hundred twenty (120) days. All installment payments shall be automatically
charged to the credit card that you provide to us. All payments hereunder shall be in US
dollars. Each periodic purchase plan will automatically renew for additional successive
one (1) year periods unless either party provides written notice of nonrenewal at least
thirty (30) days prior to the end of the then-current period. If either party provides timely
notice of its intent not to renew the applicable periodic purchase plan, then the applicable
periodic purchase plan shall terminate on the expiration of the then-current period. We
reserve the right to change our periodic purchase plans or adjust pricing for our goods or
service or any components thereof in any manner and at any time as we may determine in
our sole and absolute discretion. Changes we make to your periodic purchase plan will
take effect following notice to you; provided, that, changes we make to pricing terms will
take effect immediately following the end of the then-current period.
B. Periodic Purchase Plans for SaaS Customers. This Section 3(B) applies to SaaS
Customers that purchase goods pursuant to a periodic purchase plan. You agree to
purchase that certain number of goods on a periodic basis as described in each Order (as
defined in the MSA). All installment payments shall be automatically charged in
accordance with the terms of the MSA using the payment information provided by you to
us. All payments hereunder shall be in US dollars. Each periodic purchase plan purchased
by SaaS Customers will automatically renew in accordance with the MSA. We reserve
the right to change our periodic purchase plans or adjust pricing for our goods in any
manner and at any time as we may determine in our sole and absolute discretion, unless
the terms of the MSA expressly state otherwise. Changes we make to your periodic
purchase plan with respect to goods will take effect following notice to you; provided,
that, changes we make to pricing terms will take effect immediately following the end of
the then-current period.
4. Prices; Payment Terms for At-Home Customers Only. The following in this Section 4 are
for At-Home Customers only.
A. All prices posted on the Site are subject to change without notice. Unless otherwise
agreed to by us in writing, the price charged for goods will be the price in effect at the
time the order is placed and will be set out in your order confirmation e-mail. Price
increases will only apply to orders placed after such changes. Posted prices do not
include taxes or charges for shipping and handling. All such taxes and charges will be
added to your order total and will be itemized in your shopping cart and in your order
confirmation e-mail. On rare occasions an error in our state sales tax database may cause
the sales tax charge to be incorrect. If this happens, at any time up to thirty (30) days
from your date of purchase you may contact us for a refund of tax overcharges. This right
to a refund is your exclusive remedy for sales tax errors. We are not responsible for
pricing, typographical or other errors in any offer by us and we reserve the right to cancel
any orders arising from such errors.
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B. Terms of payment are within our sole discretion and, unless otherwise agreed to by us in
writing, payment must be received by us before our acceptance of an order. We accept Visa,
Mastercard, Discover and American Express for all purchases. You represent and warrant
that (i) the credit card information you supply to our payment processor is true, correct and
complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including all applicable taxes, if any. By submitting such
credit card information, you grant to us the right to provide such information to third parties
for purposes of facilitating the completion of transactions initiated by you or on your behalf.
Verification of information may be required prior to the acknowledgment or completion of
any transaction.
5. Shipments; Delivery; Title and Risk of Loss; Return Policy.
A. We will arrange for shipment of the goods to you or your designated recipient. Please
check the individual product page for specific delivery options. You will pay all shipping
and handling charges, if any, specified during the ordering process. Title and risk of loss
pass to you upon our transfer of the goods to the carrier/delivery. Shipping and delivery
dates are estimates only and cannot be guaranteed. We are not liable for any delays in
shipments.
B. GOODS ARE NOT ELIGIBLE FOR RETURNS. If you or your designated recipient
receives a damaged unit, we will replace the damaged component or the entire unit, in
our sole discretion, within a reasonable period of time after receiving written notice from
you pursuant to Section 19 of such damaged unit.
6. Testing Kit Services. If the good you purchased is or includes a water quality test kit, we
will send you or your designated recipient instructions and a prepaid postage label or
envelope with such kit. You acknowledge that you or your designated recipient must strictly
follow the instructions to obtain a water sample and then mail the sample to the designated
address using the prepaid postage and envelope that we provide. We are not responsible or
liable for your or your designated recipient’s: (i) failure to obtain and return water samples or
(ii) mistakes, errors, or omissions in collecting and mailing the water samples as instructed;
and, notwithstanding anything herein to the contrary, no refunds will be provided in such
instances. If you are an At-Home Customer, the test results of each completed test will be
mailed or emailed to you by us or a third party testing service provider within a reasonable
period of time after the test is completed. If you are a SaaS Customer, the test results of each
completed test will be uploaded to your account, or mailed or emailed to you by us or a third-
party testing service provider, within a reasonable period of time after the test is completed.
The testing services provided in connection with the goods are conducted by third party
laboratories. We are only responsible for arranging the testing services and ensuring you
receive test results. While we endeavor to maintain relationships with dependable, accurate
and timely third party service providers, WE DO NOT CONTROL SUCH SERVICE
PROVIDERS, AND THEREFORE WE HEREBY DISCLAIM ALL REPRESENTATIONS,
WARRANTIES, AND LIABILITY FOR ANY INACCURATE, UNTIMELY, OR
OTHERWISE ERRONEOUS DELIVERABLES INCLUDING DATA, ALERTS, OR
INFORMATION ATTRIBUTABLE TO SUCH SERVICE PROVIDERS.
7. Reliance on Information.
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A. Any information provided to you by or through us, is made available solely for general
information purposes. Information provided to you may include content provided by third
parties, including, but not limited to, materials provided by laboratories, testing
companies, third-party licensors, other users, bloggers, syndicators, aggregators and/or
reporting services. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS
OR USEFULNESS OF THE INFORMATION PROVIDED BY THIRD PARTIES. 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 THIRD-PARTY MATERIALS BY YOU, OR
BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
B. All statements and/or opinions expressed in any third-party materials, and all articles and
responses to questions and other content, other than the content provided by us, are solely
the opinions and the responsibility of the person or entity providing those materials.
These third-party materials do not necessarily reflect the opinion of us. 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.
C. YOU, ON BEHALF OF YOU AND YOUR DESIGNATED RECIPIENTS, TO THE
EXTENT NOT PROHIBITED BY APPLICABLE LAW, HEREBY RELEASE AND
DISCHARGE US, OUR OFFICERS, REPRESENTATIVES, DIRECTORS,
SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS,
AGENTS, AND EMPLOYEES, AND RELATED ENTITIES, SUCCESSORS AND
ASSIGNS AND EACH OF THEM (HEREINAFTER FOR PURPOSES OF THIS
SECTION, INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS
“120WATER GROUP”), FROM ANY AND ALL ACTUAL OR ALLEGED
LIABILITY, DEMANDS, LOSSES, CLAIMS, DAMAGES, LOSSES, FINES,
PENALTIES, EXPENSES, AND ATTORNEY FEES AND COSTS, RELATING TO
ANY INJURY, DEATH, OR DAMAGES TO ANY PERSON OR PROPERTY
(WHETHER TANGIBLE OR INTANGIBLE), OR PROPERTY SUFFERED OR
CLAIMED TO HAVE BEEN SUFFERED WHICH ARISES OUT OF OR IS RELATED
IN ANY MANNER TO THE POSSESSION OR USE OF THE GOODS AND
SERVICES PROVIDED HEREUNDER.
8. Warranty and Disclaimers.
A. We do not manufacture any of the goods or control any of the testing services offered on
or through our Site. The availability of goods through our Site does not indicate an
affiliation with or endorsement of any product, service or manufacturer. Accordingly, and
except as otherwise set forth in an MSA (if applicable), we do not provide any warranties
with respect to the goods offered on our Site. However, the goods offered on our Site may
be covered by the manufacturer’s or testing service provider’s warranty as may be
included with the goods. To obtain warranty service for defective goods , please follow
the instructions included in the manufacturer’s or testing service provider’s warranty, if
any.
B. SUBJECT TO AN MSA (IF APPLICABLE), ALL GOODS AND THIRD-PARTY
SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS”
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WITHOUT ANY WARRANTY WHATSOEVER, AND WE DISCLAIM ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, (FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR (D) INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT
BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF
WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE
MANUFACTURER’S OR TESTING SERVICE PROVIDER’S FAILURE TO HONOR
ITS WARRANTY OBLIGATIONS TO YOU, IF ANY.
9. Limitation of Liability.
A. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL UNDER
NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR
ANY GOODS OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE
IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO THE CLAIM.
B. IN NO EVENT WILL WE, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES OR LOSSES, LOSS OF GOODWILL, SUBSTITUTE GOODS OR
SERVICES, WORK STOPPAGE, DATA LOSS, LOST PROFITS OR COMPUTER
FAILURE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10. Goods Not for Resale or Export. If you are an At-Home Customer, you represent and
warrant that you are buying goods or services from the Site for your own personal or
household use only, and not for resale or export. If you are a SaaS Customer, you represent
and warrant that you are buying goods or services from the Site for use by designated
recipients only, and not for resale or export. You further represent and warrant that all
purchases are intended for final delivery to locations within the U.S.
11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy
Policy, available at https://120water.com/privacy-policy/ (which may be amended from time
to time and effective on the date posted, and which is incorporated herein by reference),
governs the processing of all personal data collected from you in connection with your
purchase of goods through the Site.
12. Force Majeure. In no event will we be liable or responsible to you, or be deemed to have
defaulted under or breached these Terms, for any failure or delay in fulfilling or performing
any term herein, when and to the extent such failure or delay is caused by any circumstances
beyond our control, including acts of God, flood, fire, earthquake, explosions, pandemics,
epidemics, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades,
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national or regional emergency, strikes, labor stoppages or slowdowns or other industrial
disturbances, passage of law or any action taken by a governmental or public authority, or
national or regional shortage of adequate power or telecommunications or transportation.
13. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are
governed by and construed in accordance with the internal laws of the State of Indiana
without regard to its principles of conflicts of laws.
14. Dispute Resolution and Binding Arbitration. At-Home Customers are subject to dispute
resolution and binding arbitration terms as set forth in the Terms of Use. SaaS Customers are
subject to dispute resolution and binding arbitration terms as set forth in the MSA.
15. Assignment. You may not assign, transfer, or convey any of your rights or delegate any of
your obligations under these Terms without our prior written consent. Any attempted
assignment, transfer, or conveyance in violation of this Section 14 shall be of no power or
effect.
16. Waiver. The failure by us to enforce any right or provision of these Terms will not constitute
a waiver of future enforcement of that right or provision. The waiver of any right or
provision will be effective only if in writing and signed by a duly authorized representative of
ours.
17. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights
or remedies upon any person other than you.
18. Notices.
A. (a) To You. We may provide any notice to you under these Terms by: (i) sending an e-
mail to the address you provide or (ii) by posting to the Site. Notices sent by e-mail will
be effective when we send the e-mail and notices we provide by posting will be effective
upon posting. It is your responsibility to keep your e-mail address current.
B. (b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by
email to support@120Water.com. We may update the email address for notices to us by
posting a notice on the Site. Notices provided by email will be effective one business day
after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then
that provision will be deemed severed from these Terms and will not affect the validity or
enforceability of the remaining provisions of these Terms.
20. Entire Agreement. These Terms, our Privacy Policy, and the Terms of Use (for At-Home
Customers or MSA (for SaaS Customers), constitute the sole and entire agreement between
you and us, with respect to the Site, the Services, and purchased goods, and supersede all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Site, the Services, or purchased goods. Any
inconsistency or ambiguity among such agreements shall be resolved by giving precedence in
the following order: (1) the MSA or Terms of Sale (whichever is applicable to you); (2) the
Terms of Use; and (3) our Privacy Policy.