Terms & Conditions

Welcome to kubewater.com and the online store (the “Store”) owned, operated and provided by Kinetico Incorporated and its affiliates (collectively, “Kinetico”).   Kinetico can always be reached at 10845 Kinsman Road, Newbury, OH 44065 and any inquiries concerning this Terms of Use and Purchase Policy or any of the Service Terms, described below, should be addressed to Kinetico c/o the office of WebMaster.  You may also call Kinetico at 1-800-544-4233.  By accessing, browsing and/or using this web site (“Site”), you acknowledge that you have read, understood and agree to be bound by this Terms of Use and Purchase Policy and all other disclaimers, statements, guidelines policies and terms and conditions appearing on this Site (collectively, the “Service Terms”) and to comply with all applicable laws, rules and regulations.  If you do not agree to these terms, please do not use this Site.  The Service Terms constitute the entire agreement between you and Kinetico with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Kinetico.  The Service Terms are subject to change at any time without prior notice by updating this posting.  By using this Site, you agree to be bound by any such revisions so please review the Service Terms, including this Terms of Use and Purchase Policy, each time you access this Site.    

As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under the Service Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in the Service Terms and, in particular, this Terms of Use and Purchase Policy will affect those other legal rights.

Although the Site is accessible worldwide, the KUBE system and its ancillary products (collectively, the “Products”) have only been designed and tested for use in the United States (excluding Puerto Rico, Guam, U.S. Virgin Islands and any other United States’ commonwealth or territory) and Canada and, therefore, will only be available in and shipped to these countries.  This Site is intended for use by residents of the United States and Canada, only, and Kinetico makes no representation that the content of this Site is applicable or appropriate for use in other countries.  Kinetico makes no representations that materials in the Site are appropriate or available for usein other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to access this Site from other locations do soon their own initiative and are responsible for compliance with applicable local laws.  This Site is controlled and operated by Kinetico from its offices within the United States. 

1. Purchasing Products from the Site

(a)    If you wish to purchase Products from the Store, please follow the instructions provided in the Store section of this Site.

 b)  Prior to using the Store to purchase Products, please review any and all information concerning the Products on the Site to ensure that your home’s water source and environment complies with the Products’ specifications and limitations.  If you have any questions concerning the Products, please do not hesitate to contact Kinetico.  Any connection, operation, maintenance or service of the Products that is not in strict compliance with the Products’specifications will void the Products’ Limited Warranty.     

(c)   Remember that your electronic order is an offer to buy from Kinetico.  Kinetico reserves the right not to accept an order at its sole discretion.

(d)  Once you have submitted an order, you will receive an Order Acknowledgement by email confirming the details of your order (name, address, Product ordered, price etc.).  This Order Acknowledgement is a confirmation that the order has been received but it does not constitute acceptance of your order.  Kinetico reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged.  If your order is declined or cancelled after your credit card has been charged for the purchase, Kinetico will promptly issue a credit to your credit card.

(e) Payment for the Products you order must be made by American Express, MasterCard or Visa credit card.  If your payment is rejected by the card issuer your order will not be dispatched.  Payment is made at your own risk.

(f) The prices and availability of the Products displayed on the Site are subject to change without notice.

(g) The ownership of the ordered Products will only pass following payment in full.

(h)   Sales tax will be charged where required by law.

(i)  Prices for the Products may not include shipping costs.  Please review the Shipping/Delivery Details section on the Site.

(j) Orders will only be accepted from and dispatched to addresses within the United States and Canada.

2. Returns

If, for any reason, you’re not completely satisfied with the KUBE system you purchased from the Store, you can return it within 30 days of purchase for a full refund. To initiate a refund, and to arrange for the return of the Product, you can contact Kinetico at 1-800-544-4233. For additional information on all returns, including warranty returns, please call the above toll free number or refer to the Kinetico Returns Policy section on the Site.

3. Disputes and Arbitration

(a)  If any dispute arises between you and Kinetico concerning your purchase of a Product on the Site, our objective is to resolve the issue directly with you on a timely basis. You agree that you will notify Kinetico about any dispute or claim you have with Kinetico, arising out of or relating to this Terms of Use and Purchase Policy, any of the other Service Terms, your purchase of the Products on the Site or your use of the Products (collectively, “Your  Claim”), as soon as it becomes apparent to you.

(b) Binding Arbitration. Excluding those claims related to sums owed to Kinetico or concerning the use of Kinetico’s trademarks, which in Kinetico’s sole discretion may be commenced in any court of law, you and Kinetico agree, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to Your Claim to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to Your Claim. You agree that Your Claim whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

(c) Arbitration Procedures. You must first present Your Claim to Kinetico by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if Your Claim cannot be resolved within 60 days after presenting Your Claim to Kinetico. Kinetico may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 7 (Notifications). The arbitration of Your Claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this Terms of Use and Purchase Policy. The place of any arbitration will be Cleveland, Ohio, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may NOT award relief in excess of or contrary to what this Terms of Use and Purchase Policy provides, order consolidation or arbitration on a class wide or representative basis, award punitive, consequential, incidental or indirect damages or any other damages aside from the prevailing party’s actual damages (to the extent permitted by law), or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Kinetico nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

(d) CLASS ACTION WAIVER. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS SUBJECT TO THIS ARBITRATION CLAUSE TO BE ARBITRATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (INCLUDING, BUT NOT LIMITED TO, AS A  PRIVATE ATTORNEY GENERAL).

(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Kinetico. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

(f) YOU MUST CONTACT KINETICO WITHIN 90 DAYS OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO YOUR CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE YOUR CLAIM.

(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Kinetico may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

This arbitration clause shall survive termination of this Terms of Use and Purchase Policy.

4. Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY KINETICO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  KINETICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS  OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KINETICO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  KINETICO DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, KINETICO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KINETICO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN NO EVENT WILL KINETICO BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, GENERAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, FOR SOLICITATIONS, ADVERTSING PURCHASES OR FOR THE USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT.  THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED ON CONTRACT, NEGLIGENCE, STATUTE OR TORT, EVEN IF KINETICO IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN  OF, THE POSSIBILITY OF SUCH DAMAGES.  YOU SHALL DEFEND, INDEMNIFY AND HOLD KINETICO HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU DISAGREE WITH THIS TERMS OF USE AND PURCHASE POLICY, AS MAY BE AMENDED FROM TIME TO TIME WITHOUT NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, NOT MAKE A PURCHASE OR RETURN YOUR PURCHASE WITHIN THIRTY (30) DAYS.  YOU AGREE BY YOUR USE OF THIS SITE/PUCHASE THAT YOUR USE OF THE SITE/PURCHASE IS AT YOUR SOLE RISK. 

Kinetico is not responsible for technical, hardware or software failure of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions.

Kinetico does not make any representations or warranties about any web site you may access through this Site.  Any such web site is independent from Kinetico and Kinetico has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site.  A link between this Site and another web site does not mean that Kinetico endorses that web site.

For information on a Product’s applicable limited warranty, please refer to the Warranty Details section on the Site. 

5. Electronic Communications

You are communicating with Kinetico electronically when you use the Store or send email to Kinetico. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Kinetico’s products and services unless you opt-out of such emails using the opt-out link in the emails.

6.  Trademarks

“Kube”, “Kinetico”, the Kinetico logo and other trademarks, service marks and trade names (the “Marks”) used to identify Kinetico products and services and/or the products and services of Kinetico’s affiliates are the exclusive property of Kinetico. Other Marks may appear from owners who have given Kinetico the right and license to display such Marks. 

7.  Copyright

Unless otherwise noted in this Site, all content of the Site is the property of Kinetico, ©2013 Kinetico Incorporated, All rights reserved.  Portions of the Site may be electronically copied and hard copied for the sole purpose of educating you about Kinetico, its products or services, or for placing an order with Kinetico and/or any of its affiliates.  Any other use or copying, including reproduction for purposes other than noted above, modification, distribution or republication, without the express written consent of Kinetico, is prohibited.

 8.  Compliance with all Laws and Site Security

You agree to use this Site only for lawful purposes.  You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authentication; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing, or crashing, or (d) sending or relaying unsolicited email,including promotions and/or advertising of products or services.  Youfurther agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.

9. Notifications

Kinetico may provide notifications to you as required by law or for marketing or other purposes by (at its option) email to the primary email address associated with your Kinetico account, by hard copy, or by posting such notice on the Kinetico website. Kinetico is not responsible for any automatic filtering you or your network provider may apply to email notifications. Kinetico recommends that you add @kubewater.com and @kinetico.com URLs to your email address book to help ensure you receive email notifications from Kinetico.

10. Severability

If any part of one or more of this Terms of Use and Purchase Policy becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extent be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of this Terms of Use and Purchase Policy will remain in full force and effect.

11. Waiver

Failure or delay by us to enforce any part of this Terms of Use and Purchase Policy will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

12. Governing Law and Jurisdiction

By using this Site, you agree that the laws of the State of Ohio, the rules of the American Arbitration Association and applicable federal law will govern the Service Terms, including, without limitation, this Terms of Use and Purchase Policy and any dispute or claim of any sort that might arise between you and Kinetico, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.