Terms of Service
This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, www.hydroflow-usa.com (“Website”). It was last posted on 5 June 2018. The terms, “we” and “our” as used in this Agreement refer to HydroFLOW USA.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
We refer to this Agreement, our Privacy Policy accessible at www.hydroflow-usa.com, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
Limited License
HydroFLOW USA grants you a non-exclusive, non-transferable, revocable license to access and use our Website.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips, written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) are owned, controlled or licensed by HydroFLOW USA. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. HydroFLOW USA aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of HydroFLOW USA, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from HydroFLOW USA. HydroFLOW USA prohibits use of any logo of HydroFLOW USA or any of its affiliates as part of a link to or from any Website unless HydroFLOW USA approves such link in advance and in writing. Fair use of HydroFLOW USA’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to websites owned or operated by parties other than HydroFLOW USA. Such links are provided for your reference only. HydroFLOW USA Does not monitor or control outside websites and is not responsible for their content. HydroFLOW USA’s inclusion of links to an outside website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator or sponsor, nor does HydroFLOW USA inclusion of the links imply that HydroFLOW USA is authorized to use any trade name, trademark, logo, official seal, or copyrighted symbol that may be reflected in the linked Website.
Content Disclaimer
Postings on our Website are made at such times as HydroFLOW USA determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. HydroFLOW USA does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY HydroFLOW USA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HydroFLOW USA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. HydroFLOW USA SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER www.hydroflow-usa.com OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL HydroFLOW USA LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO HydroFLOW USA FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, HydroFLOW USA DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. HydroFLOW USA AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.
HydroFLOW USA MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
Indemnification
You agree to defend, indemnify and hold HydroFLOW USA harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any contracts, products or services you purchase through it.
Product Disclaimer
Reference to “the Company” shall be a reference to HydroFLOW USA, a private company incorporated under the laws of the State of Washington.
Reference to “Product” shall be a reference to any product sold or supplied by the Company.
Reference to “Consumer” shall be a reference to the individual, company or other body that purchases the Product from the Company and extends to third parties whom may become the ultimate user of the Product.
A Product sold or supplied is for use in residential and small commercial drinking water applications and should not be used for any other purpose.
While the Product helps reduce certain contaminates and pathogens, it is not a product that removes 100% of contaminates and pathogens.
A Product does not prevent disease of any kind.
The Consumer of any Product is continually responsible for the thorough verification of the potential risks associated with, and suitability for the use, of the Product.
It shall not be implied, whether through any Product description or otherwise, that any Product conforms to, or is suitable for any specific purpose.
The Company may recommend to a Consumer, a specific Product. These recommendations are based solely upon the information received by the Company, or on behalf of the Consumer. Therefore, any recommendations by the Company to a Consumer in relation to any Product shall be provided only as an opinion, and shall not be construed as an express or implied warranty as to any recommendation given.
The Company takes no responsibility for damage to any equipment, property or persons.
The Company takes no responsibility for evaluating the safety or risk levels of any Product, nor has any Product been evaluated for its safety by the US Food and Drug Administration, any government department, or any other agency.
Warranty
FIVE-YEAR LIMITED WARRANTY
Five-Year Limited Warranty: HydroFLOW U.S.A., LLC (“HydroFLOW”) offers its customers (“you”) a five-year limited warranty against failure or defects in materials or workmanship in any HydroFLOW product (the “Product”) or its component parts, subject to the terms and conditions set forth below. If the Product or any of its parts fails during the first five years of operation, HydroFLOW or its representative will repair or replace the Product, free of charge. For this warranty to apply, you will need to provide proof that the Product has been installed properly and before-and-after proof that such Product is not operating as warranted.
What Is Not Covered: This warranty does not cover damage to the Product caused by improper installation, a surge or disruption in power (however caused), a water leak resulting from limescale or biofilm removal, misuse, abuse, or force majeure (i.e., a flood or earthquake, etc.). Please be aware that water leaks from plumbing systems may result as a consequence of limescale and biofilm removal. You are therefore advised and have a duty to periodically inspect your plumbing systems to ensure that compression joints remain water-tight.
How To Make A Claim & Get Service: A claim under this warranty must be submitted by email to HydroFLOW or the authorized dealer or vendor from which you purchased the Product, and such email must include: (i) a copy of the original receipt or proof of purchase of the Product, (ii) proof that the Product has been installed properly, (iii) a written explanation of the issue(s) with the Product, and (iv) one or more pictures of the Product and surrounding area that displays such issue(s). A HydroFLOW representative will then review your claim and contact you within 10 business days to coordinate the repair or replacement of the Product or to request additional information.
Limitations: Warranty claims are strictly limited to the value of the original purchase price or the repair or replacement cost. HydroFLOW shall not be responsible for water leaks or damage caused by the removal of limescale or biofilm. This warranty is not valid unless the Product is properly used with an appropriate surge protection device of adequate quality to protect the Product and its electronic components. HydroFLOW will not be responsible for any consequential, incidental, indirect, special, punitive or other loss or damage that may result from a product defect. HydroFLOW reserves the right to determine the validity of any claim and remedy in its sole discretion.
Warning: Biofilm release from potable water systems is an important attribute of the HydroFLOW Product. As a precautionary measure, it is recommended to use an adequate filtration device to prevent the released biofilm from potentially reaching end-users. HydroFLOW is not liable for any biological matter that reaches an end-user because an adequate filtration device was not utilized.
EXCEPT AS PROVIDED HEREIN, HYDROFLOW MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (WHETHER WRITTEN, ORAL, STATUTORY, OR ARISING BY PREVIOUS COURSE OF DEALING OR USAGE OF TRADE), INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HYDROFLOW MAKES NO GUARANTEE OF PERFORMANCE OTHER THAN AS SET FORTH ABOVE. NO AGENT, REPRESENTATIVE, OR EMPLOYEE OF HYDROFLOW IS AUTHORIZED TO MAKE ANY WARRANTIES OR GUARANTEES WITH RESPECT TO ITS PRODUCTS.
How State Law Applies: This warranty is only valid in the United States of America. This warranty supersedes any applicable state laws to the full extent permitted by law. You may have other rights depending on your state of residence.
All Sales Are Final.