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Terms & Conditions | AQUALIVIA

AQUALIVIA Terms & Conditions

Effective date: August 3, 2026  |  Provider: AQUALIVIA LLC

Please read carefully

These Terms include Product Use Warnings (Section 12), an Assumption of Risk (Section 13), a Limitation of Liability (Section 15), a binding Arbitration Clause (Section 25), and a Class Action Waiver (Section 26) that affect your legal rights and how disputes are resolved. Section 25 explains how to opt out of arbitration within 30 days.

1.Agreement to Terms

These Terms and Conditions ("Terms") are a binding agreement between you and AQUALIVIA LLC ("AQUALIVIA," "we," "us," or "our") governing your access to and use of aqualivia.com (the "Site") and any purchase you make from us. By using the Site or placing an order, you agree to these Terms, our Limited Warranty, and our Returns, Refunds and RMA Policy, each of which is incorporated here by reference. If you do not agree, do not use the Site or purchase from us. You represent that you are at least 18 years old and able to enter into a binding contract. The Site and our products are offered for sale in the United States only.

2.Changes to These Terms

We may update these Terms at any time. Changes are effective when posted with a revised effective date. Your continued use of the Site or a purchase after changes are posted means you accept the updated Terms. The Terms in effect on the date of your order govern that order.

3.Eligibility and Accounts

You are responsible for the accuracy of the information you provide and, if you create an account, for keeping your login credentials secure and for all activity under your account. We may suspend or terminate access or an account, or refuse service, at our discretion, including for suspected fraud or violation of these Terms.

4.Products and Descriptions

We work to describe products accurately, but we do not warrant that descriptions, images, colors, specifications, or other content are complete, current, or error-free. Product images are representative and may differ from the item delivered. Availability is not guaranteed, and we may change, limit, or discontinue any product at any time.

5.Pricing, Payment, and Taxes

  • All prices are in U.S. dollars and may change at any time before your order is accepted.
  • Payment is due at the time of order. You authorize us to charge your payment method for the total, including applicable taxes and any shipping charges shown at checkout.
  • You are responsible for all applicable sales, use, and other taxes.
  • Prices shown do not include installation, which is not sold or provided by AQUALIVIA for residential equipment.
  • You agree not to initiate a chargeback, stop payment, or payment reversal for products delivered as ordered; contact us first so we can resolve the issue. Our chargeback terms are set out in the Returns, Refunds and RMA Policy.

6.Order Acceptance and Cancellation

  • Your order is an offer to buy. A confirmation email acknowledges receipt but is not acceptance. We accept your order only when we ship it.
  • We may decline, limit, or cancel any order before shipment, including for suspected fraud, ordering in excess of normal retail quantities, or unavailability.
  • Pricing and typographical errors happen. If a product is listed at an incorrect price or with incorrect information, we may cancel or correct the order even after it is placed, and we will refund any amount charged for a cancelled order.
  • We may use fraud-screening tools and require verification. We reserve the right to contest invalid or fraudulent chargebacks with supporting documentation.

7.Shipping, Returns, and Warranty

Your purchase is also governed by the following policies, which are incorporated into these Terms by reference. Where a conflict exists, the specific policy controls for its subject matter.

Shipping, title, and risk of loss. Delivery dates are estimates, not guarantees, and we are not liable for delays caused by carriers, weather, or events beyond our control. Title and risk of loss pass to you on delivery to the carrier, unless applicable law provides otherwise. You must inspect every shipment at delivery. Visible freight damage must be noted on the delivery receipt and reported within five (5) days. Concealed damage, shortages, and missing components must be reported within fifteen (15) days of delivery. After fifteen (15) days these claims are closed.

8.Installation Is Your Responsibility

AQUALIVIA sells equipment. AQUALIVIA does not install equipment, does not perform on-site residential service, and is not a plumbing contractor. You are responsible for the installation of any product you purchase, including permits, code compliance, water pressure regulation, drainage, electrical supply, and site suitability.

Who should install. We recommend a certified water treatment professional experienced with Clack control valves who is also licensed or permitted to perform the plumbing connection in your jurisdiction. A licensed plumber is acceptable for the plumbing connection, with programming and startup performed according to our published instructions; we provide programming and startup support at no charge. Self-installation is permitted at your own risk, in strict accordance with our published instructions and installation video and in compliance with all applicable codes and permit requirements.

Our instructions are the standard. The AQUALIVIA written installation instructions supplied with your system, and, where we publish one for that system, the AQUALIVIA installation video, together form the published standard for installing our systems. They are general guidance for a correctly configured, in-specification system and are provided for information only. They do not constitute professional plumbing or engineering advice and do not address your local code, permit requirements, or site-specific conditions, which remain your responsibility. Where our instructions and applicable code conflict, code governs.

Reverse osmosis systems require professional installation. AQUALIVIA under-sink reverse osmosis systems are specified for professional installation. Our published instructions require installation by a licensed plumber or a certified water treatment professional, and we do not currently publish an installation video for these systems; the written instructions are the sole published standard. We strongly recommend a leak sensor with automatic shutoff in the cabinet. By purchasing an under-sink RO system you acknowledge that you have read and accept the Reverse Osmosis Under-Sink Installation Requirements, which are incorporated into these Terms, and you accept the risk of any damage caused by an installation that does not conform to our published instructions.

We are not responsible for the installation. We are not responsible for any installation performed by you or by any plumber, contractor, handyman, installer, or other third party, or for any damage, leak, or loss arising from it. Installation errors are not covered, whether performed by you, your own installer, or a referred installer.

9.Installer Referrals

AQUALIVIA may provide the names of installers as a convenience. Any such installer is an independent business, not an employee, agent, partner, subcontractor, joint venturer, or representative of AQUALIVIA. We do not employ, supervise, direct, train, license, insure, bond, certify, or warrant any referred installer, and we receive no fee, commission, or other compensation for any referral. Any agreement for installation work is solely between you and that installer, on terms you negotiate. AQUALIVIA makes no representation or warranty as to any referred installer's licensing, insurance, competence, availability, pricing, or work, and is not responsible or liable for that installer's acts, omissions, workmanship, or any damage or loss arising from them. You are responsible for verifying licensing and insurance before you hire anyone.

10.Leak Risk and Site Protection

Water treatment equipment is connected to pressurized plumbing and carries an inherent risk of leaks. Install the equipment where a leak will not cause damage, and use a drain pan, leak sensor, or automatic shutoff device where appropriate. Water pressure must be regulated and should be evaluated by a licensed plumber. Inspect the equipment and connections periodically and shut off the water supply immediately if any leak or abnormal condition appears.

11.System Design and Water Testing Disclaimer

Reliance on provided data. AQUALIVIA water treatment systems are configured, specified, and built strictly according to the specific water quality metrics and technical numbers provided by the customer or dealer. AQUALIVIA is responsible solely for designing a system to treat the exact parameters submitted. AQUALIVIA assumes no liability or responsibility for system performance issues, failures, or damages resulting from inaccurate, incomplete, or unrepresentative water data.

Accuracy of water testing. AQUALIVIA does not perform or guarantee the primary field or laboratory water testing used to generate system requirements. The accuracy, validity, and method of collection for all water samples and test results are the sole responsibility of the customer, dealer, or independent laboratory. AQUALIVIA is not responsible for errors in testing, fluctuating water tables, seasonal water changes, or contaminants not explicitly reported in the provided numbers.

Mandatory high-contaminant limits and review. Standard automated sizing and direct purchases are restricted for water supplies exhibiting extreme contaminant levels. AQUALIVIA must be contacted directly for a mandatory design review prior to purchase if any water test meets or exceeds the following thresholds: hydrogen sulfide (sulfur) greater than 5 ppm; iron greater than 10 ppm; manganese greater than 5 ppm. For any water profile exceeding these limits, AQUALIVIA reserves the right to withhold system recommendations until a comprehensive, certified laboratory water analysis is provided for manual evaluation. Purchasing and installing a system on water that exceeds these thresholds without a completed AQUALIVIA design review places the system outside its rated specification, and any resulting underperformance or damage is not a defect and is not covered.

Recommendations are not professional advice. Any recommendation, sizing, quiz result, calculator output, or guidance we provide is informational, is based entirely on the information you supply, and is not professional engineering, plumbing, or medical advice. It is not a guarantee of results. You are responsible for the accuracy of the water data you provide and for verifying that the product you select is appropriate for your water and your site.

12.Product Use Warnings

Safety warning

Read and follow the product manual and all warning labels before installation and use. Failure to follow these warnings can cause serious injury, property damage, or equipment failure and is not covered under the Limited Warranty.

  • Water under pressure: systems operate under household water pressure. Install a pressure regulator within the rated limit and appropriate shutoff valves. Over-pressure can cause leaks or rupture.
  • Leak risk: any plumbing connection can leak. Install leak protection such as a drain pan, leak detector, or automatic shutoff, and inspect connections regularly.
  • Ozone systems (OZONEX): ozone is a powerful oxidant and a respiratory irritant. Ozone equipment must be installed, vented, and operated strictly per the manual and local code. Do not breathe ozone gas and ensure proper ventilation and off-gassing. Improper use can be hazardous to health.
  • UV systems (AquaVRay): UV-C light can injure eyes and skin. Never look at or operate an energized lamp outside its chamber. Lamps contain mercury; handle and dispose of them per instructions. Disconnect power before servicing.
  • Electrical safety: products with electrical components must be connected to a properly grounded, code-compliant supply and protected from moisture. Disconnect power before service.
  • Salt and chemicals: keep softener salt, potassium, sanitizers, and cleaning chemicals away from children and pets, and follow all handling and safety-data-sheet instructions.
  • Startup and sanitization: do not consume water during system startup or sanitization until the system has been flushed as directed in the manual.
  • Temperature and freezing: install indoors within the rated temperature range, protect from freezing, and do not exceed rated water temperature.
  • Not for unsafe water: unless a product is expressly certified for that use, do not rely on it to make microbiologically unsafe water safe. See Section 14.
  • No modification: do not alter or modify the product or use non-AQUALIVIA parts in a way not authorized by the manual.

13.Assumption of Risk

You acknowledge that selecting, installing, operating, and maintaining water-treatment equipment involves inherent risks, including water under pressure, potential leaks and resulting water or property damage, electrical components, and, for certain products, UV light and ozone.

  • You voluntarily assume these risks when you purchase and use AQUALIVIA products.
  • You are responsible for correct product selection based on accurate water data, professional installation to code, required pre-treatment and protective devices, and ongoing maintenance.
  • To the fullest extent permitted by law, you assume all risk arising from the installation, use, misuse, or failure to maintain the products, and from reliance on water data that you or your dealer provide.

14.Water Safety and Intended Use

  • AQUALIVIA products are water-treatment equipment. They are not medical devices and do not diagnose, treat, cure, or prevent any disease or health condition, and nothing on our Site is medical advice.
  • Unless a specific product is expressly certified for that purpose, our products are not intended to make water that is microbiologically unsafe safe to drink, and are not a substitute for adequate primary disinfection.
  • You are responsible for independently testing your water, confirming its suitability, and complying with guidance from your local water authority and applicable regulations.
  • Product performance depends on correct sizing, proper installation, required pre-treatment, and operation within published specifications. Complete removal of all contaminants, minerals, or impurities is not guaranteed, and certification of a component applies only to the specific claims stated by the certifying body.

15.Limitation of Liability

Implied warranties limited

To the fullest extent permitted by law, any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the applicable written warranty period. Some states do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.

  • To the fullest extent permitted by law, AQUALIVIA's total liability arising out of or related to the Site, any product, or these Terms shall not exceed the purchase price of the product giving rise to the claim.
  • Under no circumstances will AQUALIVIA be liable for incidental, indirect, special, punitive, consequential, or contingent damages, including property damage, water damage, mold, loss of use, loss of income, lost revenue, or business interruption, arising from the sale, installation, use, condition, or failure of any product.
  • Some states do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you.

16.Insurance

If you maintain homeowner's, renter's, flood, or umbrella insurance applicable to a claim or loss related to the equipment, you agree to first submit the claim to that insurance as the primary source of recovery. As between you and AQUALIVIA, our liability, if any, is secondary and limited as stated above. This provision governs only the relationship between you and AQUALIVIA and does not alter the obligations of any insurer.

17.Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless AQUALIVIA LLC and its officers, employees, and agents from any claims, damages, liabilities, and costs, including reasonable attorney's fees, arising out of your installation, misuse, modification, or maintenance of the equipment, your failure to follow instructions or specifications, your violation of law or these Terms, or your infringement of any third-party right, except to the extent caused by our gross negligence or willful misconduct.

18.Disclaimer of Warranties

The Site and its content are provided "as is" and "as available" without warranties of any kind. AQUALIVIA products are covered solely by the AQUALIVIA Limited Warranty. For under-sink reverse osmosis systems, the Reverse Osmosis Under-Sink Installation Requirements also apply. To the fullest extent permitted by law, and except as stated in the Limited Warranty, AQUALIVIA disclaims all other warranties, express or implied. To the extent implied warranties cannot be disclaimed, they are limited to the duration of the applicable Limited Warranty.

19.Intellectual Property

The Site and its content, including text, graphics, logos, images, and software, are owned by or licensed to AQUALIVIA LLC and are protected by intellectual property laws. AQUALIVIA, ScaleProTec, WellFusion, EVOSOFT, AquaProTec, DI-FUSION, AQUAREX, OZONEX, AquaVRay, HydroClear, and AquaRevive are trademarks of AQUALIVIA LLC. You may not copy, reproduce, scrape, or use our content or trademarks without our prior written permission.

20.User Content and Reviews

Reviews you submit must be truthful and based on your own experience. We do not condition, offer, or withhold anything of value in exchange for a positive review or the removal of a negative one, and we will not ask you to. If you submit reviews, photos, comments, or other content, you grant AQUALIVIA a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in connection with our business. You represent that the content is yours to share, is accurate, and does not violate any law or third-party right. We may remove content at our discretion.

21.Prohibited Uses

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms.
  • Resell AQUALIVIA products without written authorization, or purchase for fraudulent resale.
  • Use bots, scrapers, or automated means to access or copy the Site.
  • Interfere with the security or operation of the Site, or misuse promotions, coupons, or discounts.

22.Communications and Consent

By providing your contact information, you consent to receive communications from AQUALIVIA related to your orders, including by email, text message, and phone call.

  • Email: transactional and, where you opt in, marketing email. You can unsubscribe from marketing email at any time using the link in the message.
  • Text messages: where you opt in, we may send order updates and offers by SMS from 813 921 1244 or another program number. Message and data rates may apply. Message frequency varies. Consent to marketing texts is not a condition of purchase. Reply STOP to unsubscribe or HELP for help. Full terms are in our SMS / Text Messaging Terms.
  • Phone: we may call you about your order and service. Marketing calls are made only with your consent.

Your consent to marketing is not a condition of purchase. All communications are handled in accordance with our Privacy Policy.

23.Privacy and Third-Party Links

Your use of the Site is also governed by our Privacy Policy, which explains how we collect and use your information and is incorporated into these Terms by reference. The Site may link to third-party websites or services that we do not control. We are not responsible for their content, products, or practices, and links are provided for convenience only.

24.Force Majeure and Governing Law

AQUALIVIA is not liable for any delay or failure to perform caused by events beyond our reasonable control, including hurricanes, floods, storms, fire, acts of nature, carrier failure, labor disruption, supply or component shortages, utility or internet failure, or governmental action. These Terms and any dispute arising out of or relating to them, the Site, or any product are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

25.Arbitration Clause

Please read this section carefully. It requires most disputes to be resolved by binding arbitration on an individual basis rather than in court.

  • Binding arbitration: any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product shall be resolved by binding arbitration under the Federal Arbitration Act (FAA), administered by the American Arbitration Association (AAA) under its Consumer Rules, seated in Pasco County, Florida (New Port Richey), or conducted remotely at the consumer's election.
  • Small claims exception: either party may bring an individual claim in a small claims court with jurisdiction instead of arbitration.
  • 30-day opt-out: you may opt out of this Arbitration Clause by emailing info@aqualivia.com within 30 days of your first purchase or account creation, with your name and order information. If you opt out, disputes are resolved in the courts identified below.
  • Court venue: any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Pasco County, Florida, and you consent to their jurisdiction.
  • Attorney's fees: if AQUALIVIA prevails in any dispute, it is entitled to recover reasonable attorney's fees and costs, to the extent permitted by law.

26.Class Action Waiver

  • Individual basis only: claims must be brought in your individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.
  • No consolidation: the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
  • Jury trial waiver: to the extent any dispute is not subject to arbitration, both parties waive the right to a trial by jury.
  • Severability of waiver: if this Class Action Waiver is found unenforceable as to a particular claim, that claim shall proceed in court, but the rest of the Arbitration Clause remains in effect.

27.General Provisions

  • Entire agreement: these Terms, together with the Limited Warranty, the Returns, Refunds and RMA Policy, the Shipping Policy, and (for under-sink reverse osmosis systems) the Reverse Osmosis Under-Sink Installation Requirements, are the entire agreement between you and AQUALIVIA regarding the Site and your purchase, and supersede any prior statement, quiz result, or calculator output, which are not part of this agreement and do not modify it.
  • Severability: if any provision is found unenforceable, it applies to the maximum extent permitted and the rest remains in effect.
  • Waiver: our failure to enforce any provision is not a waiver of it.
  • Assignment: you may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
  • State law: nothing in these Terms limits any right that cannot be waived under applicable law, and each provision applies only to the extent enforceable in your state. California residents retain all non-waivable rights under California law.

28.Contact

Questions about these Terms can be sent to AQUALIVIA LLC at info@aqualivia.com or 813 921 1244.

Questions

Email: info@aqualivia.com
Phone: 813 921 1244
Web: aqualivia.com

AQUALIVIA LLC