TERMS OF USE

Last Updated: November 6, 2019

Welcome to Cyclopure, a website and service operated by Cyclopure, Inc (“Cyclopure,” “us,” and “we”)! Cyclopure is developing novel adsorbents for the purification of drinking water, and currently provides an in-home water testing kit (each, a “Kit”) and related services to provide users with access to results related to certain contaminants in drinking water.

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF CYCLOPURE, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY CYCLOPURE.  THIS AGREEMENT GOVERNS YOUR USE OF: (a) THE WEBSITE AND (b) THE SERVICES, INFORMATION AND CONTENT AVAILABLE OR ENABLED VIA THE WEBSITE, INCLUDING THE PURCHASING OF THE KITS AND RELATED SERVICE OFFERINGS (COLLECTIVELY WITH THE WEBSITE, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR ACCESSING, PURCHASING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF  THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 14 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  All Supplemental Terms are hereby incorporated into the Agreement by reference. The Agreement and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT The Terms are subject to change by CYCLOPURE in its sole discretion at any time.  When changes are made, Cyclopure will make a new copy of the Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Agreement.  If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Service (which may include posting an announcement on our Website). Cyclopure may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Use of the Services.  The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Cyclopure Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, Cyclopure grants you a limited license to reproduce portions of Cyclopure Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Cyclopure in a separate license, your right to use any Cyclopure Properties is subject to the Terms.

1.1. Updates.  You understand that Cyclopure Properties are evolving.  As a result, Cyclopure may require you to accept updates to Cyclopure Properties.  You acknowledge and agree that Cyclopure may update Cyclopure Properties with or without notifying you.  You may need to update third-party software from time to time in order to use Cyclopure Properties.

1.2. Certain Restrictions.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Cyclopure Properties or any portion of Cyclopure Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Cyclopure Properties (including images, text, page layout or form) of Cyclopure; (c) you shall not use any metatags or other “hidden text” using Cyclopure’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Cyclopure Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Cyclopure Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Cyclopure Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Cyclopure Properties. Any future release, update or other addition to Cyclopure Properties shall be subject to the Terms.  Cyclopure, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of Cyclopure Properties terminates the licenses granted by Cyclopure pursuant to the Terms.

1.3. Third-Party Materials.  As a part of Cyclopure Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for Cyclopure to monitor such materials and that you access these materials at your own risk

1.4. Purchased Services. Certain Services may be purchased exclusively online through the Website. Once you purchase Services, you may cancel, return or exchange such Service solely in accordance with our Cancellation, Returns, Replacement & Expiration Procedures Policy. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this Website is void where prohibited.

1.5. Handling of Kits. You must only use the Kits in accordance with any written instructions by Cyclopure. You shall only flow water through the Kits, and you should not expose the Kit to any explosive materials, harmful substances or infectious diseases. All Kits are to be used only for personal use by the User who purchased the Services or by such User’s household. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Kits or Service, use of the Kit or Service, or access to the Kit or Service.

2. Registration

2.1 Registering Your Account.  In order to access certain features of Cyclopure Properties, you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”) or places an order for Services through a “Guest Checkout” option.

2.2. Registration Data.  As a Registered User, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Cyclopure Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors.  You may not share your Account or password with anyone, and you agree to (i) notify Cyclopure immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Cyclopure has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cyclopure has the right to suspend or terminate your Account and refuse any and all current or future use of Cyclopure Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform at any given time.  Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use Cyclopure Properties if you have been previously removed by Cyclopure, or if you have been previously banned from any of Cyclopure Properties.

2.3. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to Cyclopure Properties, including but not limited to, a mobile device that is suitable to connect with and use Cyclopure Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Cyclopure Properties.

3. Fees and Purchase Terms

3.1. Payment.  You agree to pay all fees or charges for the Services in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Cyclopure with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or purchase order information as a condition to purchasing the Services.  Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing Cyclopure with your credit card number or PayPal account and associated payment information, you agree that Cyclopure is authorized to immediately invoice you for all fees and charges due and payable to Cyclopure hereunder and that no additional notice or consent is required.  You agree to immediately notify Cyclopure of any change in your billing address or the credit card or PayPal account used for payment hereunder.  Cyclopure reserves the right at any time to change its prices and billing methods, either immediately upon posting on Cyclopure Properties or by e-mail delivery to you.

3.2. Taxes.  Cyclopure’s fees are net of any applicable Sales Tax.  If any Services, or payments for any Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Cyclopure, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Cyclopure for any liability or expense we may incur in connection with such Sales Taxes.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that Cyclopure is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

3.3. Withholding Taxes.  You agree to make all payments of fees to Cyclopure free and clear of, and without reduction for, any withholding taxes.  Any such taxes imposed on payments of fees to Cyclopure will be your sole responsibility, and you will provide Cyclopure with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

3.4. Disputes.  Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.  Billing disputes should be notified to the following address: Cyclopure, Inc., 171 Saxony Road, Suite 208, Encinitas, CA 92024.

3.5. Third Party Provider.  Cyclopure uses Stripe Inc. (“Stripe”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By using the Services, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms  and Privacy Policy available at https://stripe.com/us/privacy. You hereby consent to provide and authorize Cyclopure and Stripe to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with the Agreement, including personal, financial, credit card payment, and transaction information.

4. Responsibility for Content

4.1. Types of Content.  You acknowledge that all Content, including Cyclopure Properties, is the sole responsibility of the party from whom such Content originated.  This means that you, and not Cyclopure, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Cyclopure Properties or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other Users of Cyclopure Properties, and not Cyclopure, are similarly responsible for all Content they Make Available through Cyclopure Properties (“User Content”). The use of Data by Cyclopure will be subject to the terms of our Privacy Policy located at https://cyclopure.com/privacy-policy/.

4.2. No Obligation to Pre-Screen Content.  You acknowledge that Cyclopure has no obligation to pre-screen Content (including, but not limited to, User Content), although Cyclopure reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Cyclopure pre-screens, refuses or removes any Content, you acknowledge that Cyclopure will do so for Cyclopure’ benefit, not yours.  Without limiting the foregoing, Cyclopure shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

4.3. Storage.  Unless expressly agreed to by Cyclopure in writing elsewhere, Cyclopure has no obligation to store Your Content that you Make Available on Cyclopure Properties.  Cyclopure has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Cyclopure Properties.  You agree that Cyclopure retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Cyclopure in its sole discretion.

5. Ownership

5.1. Cyclopure Properties.  Except with respect to Your Content and User Content, you agree that Cyclopure and its suppliers own all rights, title and interest in Cyclopure Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Cyclopure Properties.

5.2. Trademarks. “Cyclopure”, and other related graphics, logos, service marks and trade names used on or in connection with Cyclopure Properties or in connection with the Services are the trademarks of Cyclopure and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in Cyclopure Properties are the property of their respective owners.

5.3. Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Cyclopure Properties.

5.4. Your Content.  Cyclopure does not claim ownership of Your Content.  However, when you as a user post or publish Your Content on or in Cyclopure Properties you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part)  for the purposes of: (a) operating, improving and providing the Services; and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Cyclopure Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Cyclopure, are responsible for all of Your Content that you Make Available on or in Cyclopure Properties.

Customers using discount codes agree that your data may be used as part of scientific studies and publications without name, address, or personal identifiers.

5.5. Account. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on Cyclopure Properties, you acknowledge and agree that you will have no ownership or other property interest in your Account, and your further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Cyclopure.

5.6. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Cyclopure through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Cyclopure has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Cyclopure a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Cyclopure Properties.

6. User Conduct

6.1. Restrictions.  You agree that you will not, under any circumstances:

  • a. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Cyclopure Properties;
  • b. Interfere with or damage Cyclopure Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  • c. Modify or cause to be modified any files that are a part of Cyclopure Properties;
  • d. Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Cyclopure Properties; or (ii) the enjoyment of Cyclopure Properties by any other person;
  • e. Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon Cyclopure Properties, or other attempts to disrupt Cyclopure Properties or any other person’s use or enjoyment of Cyclopure Properties;
  • f. Attempt to gain unauthorized access to Cyclopure Properties, accounts registered to others, or to the computers, servers or networks connected to Cyclopure Properties by any means other than the User interface provided by Cyclopure, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of Cyclopure Properties;
  • g. Access, tamper with or use non-public areas of Cyclopure Properties, Cyclopure’ computer systems, or the technical delivery systems of Cyclopure’ providers;
  • h. Attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures;
  • i. Disrupt or interfere with the security of, or otherwise cause harm to, Cyclopure Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Company Properties or any affiliated or linked sites;
  • j. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cyclopure or any of Cyclopure’ providers or any other third party (including another User) to protect Cyclopure Properties;
  • k. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
  • l. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise).

6.2. General.  In connection with your use of Cyclopure Properties, you shall not:

  • a. Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Website or Services;
  • b. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
  • c. Harm minors in any way;
  • d. Impersonate any person or entity, including, but not limited to, Cyclopure personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • e. Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • f. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
  • g. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  • h. Stalk or otherwise harass any other user of our Cyclopure Properties; or
  • i. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

7. Investigations.  Cyclopure may, but is not obligated to, monitor or review Cyclopure Properties and Content at any time.  Without limiting the foregoing, Cyclopure shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law.  Although Cyclopure does not generally monitor user activity occurring in connection with Cyclopure Properties or Content, if Cyclopure becomes aware of any possible violations by you of any provision of the Terms, Cyclopure reserves the right to investigate such violations, and Cyclopure may, at its sole discretion, immediately terminate your license to use Cyclopure Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

7.1. Content Provided by Other Users.  Cyclopure Properties may contain User Content provided by other Users.  Cyclopure is not responsible for and does not control User Content.  Cyclopure has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.

7.2. Third-Party Websites, Applications & Ads. Cyclopure Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Cyclopure Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Cyclopure.  Cyclopure is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  Cyclopure provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

8. Indemnification.  You agree to indemnify and hold Cyclopure, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Cyclopure Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Cyclopure Properties; or (c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services.  Cyclopure reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cyclopure in asserting any available defenses.  This provision does not require you to indemnify any of the Cyclopure Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Cyclopure Properties.

9. Disclaimer of Warranties and Conditions

9.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CYCLOPURE PROPERTIES IS AT YOUR SOLE RISK, AND CYCLOPURE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE COMMERCIAL ITEMS PURCAHSED OR SOLD THROUGH THE SERVICES.  CYCLOPURE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

  • a. CYCLOPURE MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CYCLOPURE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CYCLOPURE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CYCLOPURE PROPERTIES WILL BE ACCURATE OR RELIABLE.
  • b. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH CYCLOPURE PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CYCLOPURE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  • c. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYCLOPURE OR THROUGH CYCLOPURE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • e. FROM TIME TO TIME, CYCLOPURE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

9.2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT CYCLOPURE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CYCLOPURE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CYCLOPURE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  CYCLOPURE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH COMPANY PROPERTIES.

10. Release.  You hereby release Cyclopure and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Cyclopure Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Cyclopure Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11. Limitation of Liability

11.1 Disclaimer of Certain Damages.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CYCLOPURE BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING COSTS OF PROCUREMENT OF SUBSTITUTE COMMERCIAL ITEMS), OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT CYCLOPURE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE CYCLOPURE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CYCLOPURE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO CYCLOPURE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

11.2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL CYCLOPURE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; AND (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11.3. User Content.  EXCEPT FOR CYCLOPURE’ OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, CYCLOPURE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

11.4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.

12. Termination. 

12.1. Termination of Services.  This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing contact@cyclopure.com. Cyclopure may terminate your Account if (a) you are in breach of the Agreement; (b) if Cyclopure decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Cyclopure will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

12.2. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12.3. International Users.  Cyclopure Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Cyclopure intends to announce such Services or Content in your country.  Cyclopure Properties are controlled and offered by Cyclopure from its facilities in the United States of America. Cyclopure makes no representations that Cyclopure Properties are appropriate or available for use in other locations.  Those who access or use Cyclopure Properties from other countries do so at their own volition and are responsible for compliance with local law.

14. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Cyclopure and limits the manner in which you can seek relief from us.

14.1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Cyclopure, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Cyclopure may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. 

14.2. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Cyclopure, Inc.,  171 Saxony Road, Suite 208, Encinitas, CA 92024, Attention: Ruth Stoffel.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you.    Likewise, Cyclopure will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.3. Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Cyclopure. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

14.4. Waiver of Jury Trial.  YOU AND CYCLOPURE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Cyclopure are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14.5. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 14.6.

14.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Cyclopure, Inc., 171 Saxony Road, Suite 208, Encinitas, CA 92024, Attn: Ruth Stoffel, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your Cyclopure username (if any), the email address you used to set up your Cyclopure account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

14.7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

14.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Cyclopure.

14.9. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Cyclopure makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Cyclopure.

15. General Provisions.

15.1. Electronic Communications.  The communications between you and Cyclopure use electronic means, whether you visit Cyclopure Properties or send Cyclopure e-mails, or whether Cyclopure posts notices on Cyclopure Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Cyclopure in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cyclopure provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

15.2. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Cyclopure’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.3. Force Majeure.  Cyclopure shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15.4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to Cyclopure Properties, please contact us at: contact@cyclopure.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

15.5. Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Cyclopure agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.

15.6. Governing Law.  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

15.7. Notice.  Where Cyclopure requires that you provide an e-mail address, you are responsible for providing Cyclopure with your most current e-mail address.  In the event that the last e-mail address you provided to Cyclopure is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Cyclopure’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Cyclopure at the following address: 171 Saxony Road, Suite 208, Encinitas, CA 92024.  Such notice shall be deemed given when received by Cyclopure by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

15.8. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.9. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

15.10. Export Control.  You may not use, export, import, or transfer Cyclopure Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Cyclopure Properties, and any other applicable laws.  In particular, but without limitation, Cyclopure Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Cyclopure Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Cyclopure Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Cyclopure are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Cyclopure products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15.11. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

15.2. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Cancellation, Returns, Replacement & Expiration Procedures

Cyclopure is an online service. You need a computer with Internet access to use our service and to view your water test data. In our Know Your Water page and on our Water Test Kit order page, we provide information regarding the presence and health effects of PFAS compounds in drinking water and what you can expect from our service. Please review this information prior to purchasing. Your placement of an order from Cyclopure constitutes your acceptance of our Terms of Service and your agreement that the policies below apply to your order.

We are pleased to help you know the quality of your tap water with our home PFAS test kit. It is a first of kind service that we developed to put high-quality, lab standard water analysis in your hands. We designed our Kits with convenience, affordability and accuracy in mind. Using Cyclopure’s novel PFAS adsorbent DEXSORB+, we are able to provide a water test procedure that does not require the collection and return of actual water samples. This has allowed us streamline all aspects of the water test experience, i.e., ship/return, form factor and analytical methods, and share that value with you.

We hope that you are pleased with our water test Kit and service, and find the information provided about your water quality to be of value. If you have reservations or experience issues with the service, the following policies for returns and replacements are available. Our customer service team will be more than happy to assist you with your issue.

Please email wtksupport@Cyclopure.com for any request for the following (please ensure to include your unique product ID information when you contact us):

Cancel an Order

You can cancel your order up to 48 hours of placing the order via the order confirmation email, and you will receive a 100% refund. Please advise our customer support team at wtksupport@Cyclopure.com if you’d like to cancel your order.

After cancelling your order, you will receive confirmation via email that your order was cancelled.

Remember, you will not be able to cancel your order, once the order cancellation window has closed. Refer to the refund policy below for more details about receiving a refund if you have changed your mind about participating in our service.

Limited Refund Policy

If you request a refund, we will refund 50% of the total purchase price reflecting deductions for shipping and handling charges.

To receive a refund for an unused Kit, you must notify us within Fourteen (14) days of placing your order in the Cyclopure and confirm that you have not opened the shipping box.

If you want to request a refund on your order, please contact our customer support team at wtksupport@Cyclopure.com. You will be asked to verify the refund conditions noted below.

We will not issue a refund if (i) you request a refund more than Fourteen (14) days after your order was placed, (ii) you have broken the seal on the shipping box; or (iii) we do not receive the Test Kit Box back within Fourteen (14) days of your request for refund.

Refund Processing

Any refunds provided under this policy will be issued to the same payment method used for the purchase and will be processed within 21 business days of confirmation by our Customer Suport team that the conditions of the refund have been met. At the time we receive your unopened Test Kit Box back at our lab, we will invalidate your collection Kit.

Replacements

Cyclopure strives to ensure that you receive our products in excellent condition. We understand that our product may become damage in the delivery process and we will replace any damaged test kit free of charge. To receive a replacement product, we must be notified with 14 days of your receipt of the product by contacting our customer support team at wtksupport@Cyclopure.com.

Expiration

To ensure the accuracy of results the company will only process returned Kits that are received within 90 days of the ship date for the Kit. If you miss this return cut-off, we will invalidate your Kit and any sample sent to our laboratory using that Kit will not be processed. In all cases if you do not wish to continue with the testing process, we ask that you dispose of the Kit.

Tip: To ensure that your Kit return and refund is successfully processed, please remove the Test Kit Shipping Sleeve to expose the return USPS shipping label. Please do not refuse the package or return it to sender as this will not route your collection Kit to the laboratory and your refund may not be processed.

Quality Assurances & Quality Control

At Cyclopure, our mission is to develop novel adsorbents to help purify drinking water for the benefit of your health, your finances and the environment. We are collaborating with municipal and industrial partners in the water treatment market to make our solutions available to you. As we work through details of form factor and engineering design with our partners, we realized that we could provide an early service with our adsorbents in the form of a home water test kit.

Because of the super short contact time required for our adsorbent to remove contaminants, we were able to develop an affordable and easy to use home test kit for consumers to use to test for PFAS contamination of their tap water. The kit uses our DEXSORB+ adsorbent in an extraction disc to capture any PFAS contaminants that are present in your water sample. Our test method is by “passive sampling.” In this process, you will receive a small collection cup (250ml in size) into which you will pour tap water that will drain through the extraction disc. The flow through takes less than 20 minutes.

Once the pass through is complete, you will return the EMPTY collection cup back to us using the same shipping box, postage pre-paid. This is a first in home water test kit. All other kits on the market involve the collection and return of water samples back to a commercial laboratory for testing.

Back at the lab, adsorbed PFAS are then removed from the disk and quantified using isotope dilution LC-MS/MS using a Thermo Scientific Q-Exactive. Following analysis, we will publish your detection results for the 16 PFAS on our information dashboard and notify you by email. It will look something as shown in Fig. 1.

The result is the first sub-$100 home test kit to test for PFAS contamination. This gives you an affordable tool to screen your household water.

We designed our PFAS Water Test Kits with convenience, affordability and accuracy in mind. Using the rapid removal of PFAS properties of our DEXSORB+ adsorbent, we are able to provide a water test procedure that does not require the collection and return of actual water samples. Plus, we do all of PFAS measuring in our lab. This has allowed us to streamline all aspects of the water test experience and share that value with you.

Our intent is to bring high-quality, lab standard water analysis affordable and available to households. Consistency, reliability and accuracy is our highest priority in making this service available. We’ve validated our method for 16 perfluorinated compounds using the precision, accuracy, and minimum reporting level verifications described in EPA Method 537 down to 5 ppt. We have benchmarked results with EPA 537 tests, and undertake semiannual proficiency testing offered by Phenova to confirm ongoing quality standards.

Our instruments are maintained at the highest level of performance. We maintain separate sets of columns for use in test kit measurements only. All materials and chemicals used are tested to ensure acceptable PFAS removal performance and freedom from PFAS contamination prior to shipping and prior to use in the laboratory.

However, PFAS contamination can occur during use by touching the inside of the cup or where the water flows out, or if the cup is disassembled.  Please don’t do any of those things.

We’ve conducted internal studies to demonstrate that our kit performs well for all drinking water whether it be hard, soft, or from a well.

We’ve verified the performance and stability of our test kit after exposure to the extreme temperature conditions that could occur during transport in both winter and in summer (-4 degrees F to 140 degrees F).

If you have questions about our test method or your results, please contact us wtksupport@Cyclopure.com; we’d be happy to discuss. Our service is for informational purposes only. It is not meant to be a commentary on the quality of your water or a recommendation of further action. The EPA, Center for Disease Control and your State Environmental Agency have compiled and made available detailed information about the risks and health hazards associated with PFAS chemicals.