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Terms of Use, Disclaimer and Purchase
Privacy, Terms Of Use, Disclaimer and Purchase Policy

Please read the following terms of use, disclaimer and purchase ("terms") before using this Web Site ("Site"). By using this Site, you agree to these terms. Kinetico Incorporated ("Kinetico") reserves the right to modify, alter or update these terms. This Site is controlled by Kinetico from its location in Newbury, Ohio, USA. It may be accessed from any other state as well as other countries. Because each of these places have laws that may differ from those of Ohio's, by accessing this Site you agree that the laws of Ohio will apply to all matters arising out of the use of this Site. These terms represent the only agreement between us regarding the use of this Site for any purpose.

 
IMPORTANT INFORMATION
 
We want your visit to our site to be as informative and convenient as possible. In order to maximize your benefit, please review the following policies designed to enrich your experience.
 
SHOPPING AT KINETICO INCORPORATED
 
All credit card information submitted to Kinetico is highly protected using the most advanced security technology available. You can shop with confidence knowing that your credit card data cannot be used for unauthorized purchases or intercepted in transit.
In the extremely unlikely event that credit card fraud occurs, please contact Kinetico and your credit card company immediately to dispute the charges.
 
PRIVACY AND USE OF PERSONAL INFORMATION
 
Kinetico respects your privacy. We will not sell, rent, loan or otherwise provide any of your personal information to any third-party entity without your permission.
Kinetico does reserve the right to use any information submitted as a resource for the introduction of valuable offers, new product information, and water related releases or alerts. If you do not wish to receive this information, simply follow the instructions provided with the communication to remove your name from our distribution list.
Kinetico may also share non-personal summary data (such as website volume information, for example) with other parties.
Information submitted by minors should not be done without permission from their parents or guardians. Kinetico recommends using the parents' or guardians' e-mail address for any submissions.
 
Copyright
 
Unless otherwise noted in this Site, all content of the Site is the property of Kinetico, ©2007 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. 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
 
Trademarks
 
"Kinetico," the Kinetico logo and other trademarks, service marks and trade names (the "marks") used to identify Kinetico products and services are the exclusive property of Kinetico. Other marks may appear from owners who have given Kinetico the right and license to display such marks.
 
External Sites
 
This Site may contain links to other Sites on the Internet that are owned and operated by third parties. You acknowledge that Kinetico is not responsible for the availability, content and ramifications of your use of such third party Sites.
 
Your Communication to Kinetico
 
Excluding our obligations to you under our Privacy policy, any communication or material you submit to our Site by electronic mail or otherwise, may be made available to Kinetico employees, sales agents or strategic business partners. Any such communication or material may be reproduced, distributed, posted and publicized by Kinetico for internal business purposes. Kinetico is free to use any ideas, concepts, know-how or techniques contained in any such communication or material for any purpose, including but not limited to developing, manufacturing and marketing its products and services.

CONDITIONS OF USE

The right and privilege to access the Dealer Extranet is available only to current Dealers who are in full compliance with their respective Dealer Agreements with Kinetico. If Dealer’s Agreement with Kinetico expires, is cancelled for any of the reasons set forth therein, or is not renewed, Dealer’s access to the Dealer Extranet will be immediately cancelled, without notice.
Additionally, Kinetico reserves the right to cancel Dealer’s continued access to the Dealer Extranet when any of the following conditions have occurred: spamming, illegal, misleading, libelous, slanderous, pornographic, hateful, violent or otherwise deemed distasteful practices. If Kinetico determines that Dealer is not in full compliance with these terms or the terms of its Dealer Agreement, it reserves the right to temporarily prohibit Dealer’s access to the Dealer Extranet until Dealer is in full compliance with the terms or it may cancel Dealer’s access to the Dealer Extranet indefinitely.
 
Disclaimer
 
ALL CONTENT AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Your use of this Site is at your own risk. Kinetico will not be liable for any direct, indirect, incidental, special or consequential damages that result from your use, or inability to use this Site, including but not limited to those that result from interruptions, mistakes, deletions of files, viruses or any failure of performance whether or not caused by acts of God. Some states do not permit the exclusion of special or consequential damages and in those states Kinetico's liability is limited to the fullest extent permitted by law. 
 
Purchases
 
Kinetico sells certain products and replacement parts (collectively the "goods") through this Site. Your purchase of such goods is governed exclusively by these terms of purchase. Any communication by you to us of any kind to purchase goods will be treated as a request to us for your purchase. Our response, however communicated, will be to sell you the requested goods under these terms of purchase. Kinetico objects to any terms that are in addition to or different from these terms of purchase, unless agreed to in writing by Kinetico.

All prices are F.O.B. Newbury, Ohio or other specified shipping point. All prices are subject to any additions that may be necessary to cover any duties, taxes or charges.

The terms of payment will be that selected by you in executing the Kinetico order form.

Title and risk of loss passes to you upon our delivery of the goods to the shipper. The shipper will be that selected by you in executing the Kinetico order form.

Claims for shortages or for non-shipping damages must be made to Kinetico within 48 hours of your receipt of the goods.

You will be solely responsible for the proper application, installation or service of the goods. You must follow the instructions supplied to you by Kinetico.

Unless otherwise noted herein, all goods are warranted to be free from defects in material or workmanship for a period of thirty days from your receipt of the goods. Kinetico will, at its option, require the return of the goods and will either repair or replace the goods at no charge. THERE IS NO OTHER EXPRESS WARRANTY. IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS WARRANTY AND ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW. THERE ARE NO OTHER WARRANTIES. IN NO EVENT WILL KINETICO BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE GOODS. Some states do not permit the exclusion of special, punitive or consequential damages and in those states Kinetico's liability is limited to the fullest extent permitted by law.
Neither Kinetico or you will be considered to be in default with these terms of purchase due to acts of God or third parties outside of either party's control.

These terms of purchase represent the only agreement between us for the purchase of the selected goods, unless otherwise modified in a writing executed by both Kinetico and you. The purchase will be governed by the laws of the state of Ohio.

Terms of Use, Disclaimer and Purchase. © Kinetico Incorporated 2007. All rights reserved.