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LEGAL

Find our legal information in the tabs above.   If you have any questions or concerns please contact our team at kevin@waterheaterwatchdog.com

LIMITED PRODUCT(S) WARRANTY 

Product(s) (the “product” or the product(s))”: 

1) Model WATER HEATER WATCHDOG by Kevlyn Pumps LLC 

(Including but not limited to, all hardware, firmware, consumables,  replacements, parts, and documentation, associated therewith, as may be  updated, upgraded, replaced and/or revised from time to time, except as  specifically excluded herein). 

THE PRODUCT(S) OFFERED, SHIPPED, SOLD, PROVIDED, TRANSFERRED,  OR OTHERWISE FURNISHED BY KEVLYN PUMPS LLC, A PENNSYLVANIA  LIMITED LIABILITY COMPANY, (“KEVLYN”) TO CUSTOMER IS SUBJECT TO THE  EXPRESS LIMITED WARRANTY (THE “WARRANTY”) SET FORTH BELOW. THE  ORIGINAL END USER OF THE PRODUCT (THE “CUSTOMER”) ACKNOWLEDGES  CUSTOMER’S AGREEMENT WITH, AND ACCEPTANCE OF, THIS WARRANTY. THE  CUSTOMER ACKNOWLEDGES THAT HE/SHE/IT HAS READ AND UNDERSTOOD  THIS WARRANTY PRIOR TO USING OR INSTALLING THE PRODUCT(S) AND  CUSTOMER’S INSTALLATION OR USE OF THE PRODUCT(S) IS EXPRESSLY  SUBJECT TO CUSTOMER’S ASSENT TO THE WARRANTY AS SET FORTH  HEREIN. THE CUSTOMER EXPRESSLY WAIVES HIS/HER/ITS RIGHT TO ENFORCE  ITS OWN WARRANTY OR TERMS AND CONDITIONS OF PURCHASE AND THE  CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT KEVLYN AGREES TO  OFFER, SELL, SHIP, PROVIDE, AND OTHERWISE FURNISH THE PRODUCT(S)  ONLY UPON THE TERMS STATED HEREIN. 

  1. Limited Warranty. Kevlyn warrants that, for a period of one (1) year from the  date of purchase from Kevlyn or its authorized distributor(s), the product(s)  sold will be free from material defects in materials and workmanship under  normal use in accordance with all product instructions and Documentation  and will substantially conform to their published specifications. With the  exception of the foregoing, the product(s) offered, shipped, sold, provided,  transferred, or otherwise furnished by Kevlyn to Customer is provided “AS  IS” and this Warranty does not cover defects due to normal wear and tear.  Notwithstanding anything else in this Warranty to the foregoing, Kevlyn does  not warrant that the product(s) will be free from defects or that Customer will  be able to use the product(s) without problems or interruptions. Nothing herein  shall be deemed to extend the term of this Warranty. 
  2. This Warranty shall not apply and be deemed null and void if:  i. The product(s) has been improperly stored or installed; 
  3. The product(s) are alpha, beta, pre-release,  

 experimental, developmental, in development, or are   otherwise pre-production; 

 iii. The product(s) has not been installed in accordance   and in compliance with applicable plumbing and electrical   codes; 

  1. The product(s) has been modified, changed, altered, or   improved; 
  2. The product(s) has been sold, gifted, given, licensed,   rented, loaned, or otherwise transferred or made   available to any person or entity apart from the original   end user; 
  3. Customer sells, licenses, gives, rents, leases, transfers,   loans, provides, or otherwise makes the product(s) available to   any third party; 

vii. The product(s) has not been installed, operated, used,  

 repaired, and/or maintained in accordance with the written   instructions supplied by Kevlyn or as stated in its manuals,   service bulletins, or otherwise (the “Documentation”); 

viii. The product(s) has been subjected to abnormal physical or   electric stress, misuses, negligence, or accident; 

  1. Customer removes or destroys any proprietary marks or   legends including, but not limited to, patents, trademarks, and   copyright notices placed upon or contained within or on the   product(s); 

  1. Customer attempts to gain unauthorized access to the  

 product(s); 

  1. Customer reverse engineers, decompiles, disassembles,   removes the constituent parts, or attempt to derive proprietary   information from the product(s) or any portion thereof, or   otherwise attempt to circumvent any security, anti-tampering   and/or anti-piracy systems of the product(s); 

xii. The product(s) is not maintained in good and safe operating   condition and appearance, normal wear and tear excepted; xiii. The product(s) is used in violation or to violate any law,  

 statute, ordinance or regulation; 

xiv. The product(s) is used in any application that may involve   risks of death, bodily injury, property damage or  

 environmental damage, or in any life support applications,   devices or systems; 

  1. Kevlyn is unable to reproduce the alleged defect; or 

xvi. Notice of a defect is not provided to Kevlyn as required in this   Warranty. 

  

  1. In the event the Warranty is invalidated pursuant to Section 1(a), then   Customer agrees to indemnify and hold Kevlyn harmless from any and   all claims, costs, liabilities, damages and expenses, including attorney   fees and experts’ costs, asserted against or incurred by Kevlyn because   of injuries to persons or property in connection with Customer’s   installation, operation, use, repair, and/or maintenance of the product(s).   In the event the Warranty is invalidated pursuant to Section 1(a), any and   all limitations on damages, limitations on remedies, limitations on   warranties, and disclaimers set forth below shall remain in full force and   effect. 
  2. All claims under this Warranty must be made known to Kevlyn in a writing   by certified mail within thirty days (30) from the date of discovery of the   alleged defect and must be received by Kevlyn prior to the expiration   of the time period set forth in this Section 1 or be barred forever. Upon   notification of a timely claim, Kevlyn will investigate and/or examine the   product(s) claimed to be defective, and Kevlyn shall, at its sole option,   repair or replace the product(s), or refund the product(s) purchase price.   At Kevlyn’s sole option, inspection may be performed at Kevlyn’s plant   and, in such event, freight for returning defective items shall be paid by   Kevlyn.


  1. This Warranty is non-transferrable and is only applicable to the Customer   and not to any subsequent purchasers, customers, or users of the   product(s). Except as provided in Section 14, this Warranty does not and   is not intended to confer any rights or remedies upon any person other   than Kevlyn and Customer. The benefits and obligations of Kevlyn to   Customer contained in this Warranty are not enforceable by any   customers or users of Customer. Notwithstanding the foregoing, any and   all limitations on damages, limitations on remedies, limitations on   warranties, and disclaimers shall apply to any subsequent purchasers,   customers, or users of the product(s) and said product(s) shall be   considered “AS IS”. 
  2. Kevlyn may, but shall have no obligation to, furnish Customer with   recommendations, engineering, instructions, and technical information   and advice and other assistance. All such assistance is furnished “AS   IS” and solely as an accommodation to Customer and Kevlyn shall have   no liability for inaccurate, incomplete or faulty recommendations,   information, advice and assistance. 
  3. Limitation of Remedy. TO THE FULL EXTENT PERMISSIBLE BY LAW,   CUSTOMER ACKNOWLEDGES AND AGREES THAT THE WARRANTY FROM   KEVLYN SET FORTH IN SECTION 1 CONSTITUTES THE SOLE AND EXCLUSIVE   WARRANTY GRANTED TO HIM/HER/IT BY KEVLYN AND THAT CUSTOMER’S   SOLE AND EXCLUSIVE REMEDY AGAINST KEVLYN, SLICK DOG   PRODUCTIONS LLC, KEVIN MICHAEL MURPHY LLC, KEVIN M. MURPHY,   LLC, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATIES, SUPPLIERS,   SUBCONTRACTORS, LICENSORS, AGENTS, EMPLOYEES, PRINCIPALS,   REPRESENTATIVES, TECHNICIANS, AND OFFICERS (COLLECTIVELY THE   “KEVLYN GROUP”), IF THE PRODUCT(S) PROVIDED BY KEVLYN PROVES   TO BE DEFECTIVE IN ANY WAY SHALL BE LIMITED TO AN ACTION AGAINST   KEVLYN FOR BREACH OF THIS WARRANTY AND THAT THE KEVLYN GROUP’S   SOLE AND EXCLUSIVE OBLIGATION AND LIABILITY TO CUSTOMER FOR   BREACH OF THIS WARRANTY OR CONTRACT OR FOR ANY BREACH OF THE   IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR   PURPOSE, OR HABITABILITY, NEGLIGENCE, STRICT LIABILITY, COMMON LAW   OR CONTRACTUAL INDEMNITY, CONTRIBUTION, EQUITABLE SUBROGATION,   STATUTORY OR BUILDING CODE VIOLATIONS, OR ANY OTHER TORTIOUS   CONDUCT, CONTRACTUAL OR WARRANTY BREACHES, OR STATUTORY   VIOLATION OF ANY TYPE, SHALL BE LIMITED, AT THE SOLE OPTION   OF KEVLYN, TO THE REPAIR OR REPLACEMENT OF THE PRODUCT(S), OR   THE REFUND OF THE PRODUCT(S) PURCHASE PRICE. IN ADDITION TO THE   FOREGOING, CUSTOMER HEREBY RELEASES THE KEVLYN GROUP FROM,   AND IN RESPECT OF ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES,   LIABILITIES, COSTS AND EXPENSES RESULTING FROM, RELATING TO   OR ARISING OUT OF CUSTOMER’S PURCHASE, INSTALLATION, OR USE OF   THE PRODUCT(S) THAT IS COVERED BY CUSTOMER’S OWN INSURANCE,   OR THAT IS NOT COVERED BY KEVLYN’S INSURANCE COVERAGE, OR THAT   IS IN EXCESS OF KEVLYN’S AVAILABLE INSURANCE COVERAGE POLICY   LIMITS. NOTWITHSTANDING ANYTHING TO THE FOREGOING IN THIS   WARRANTY, THE LIABILITY OF THE KEVLYN GROUP SHALL NOT EXCEED THE   PRODUCT(S) PURCHASE PRICE; SUCH LIMITATION SHALL APPLY EVEN IF   THE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 
  4. Limitation of Damages. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE   KEVLYN GROUP SHALL NOT BE LIABLE TO CUSTOMER OR THE CUSTOMERS   OR USERS OF CUSTOMER FOR ANY OTHER DAMAGES NOT SPECIFIED   IN THIS AGREEMENT, WHETHER ARISING FROM BREACH OF CONTRACT,   BREACH OF WARRANTY, IN TORT (INCLUDING ANY DAMAGE ARISING FROM   THE NEGLIGENCE OF THE KEVLYN GROUP), OR OTHERWISE, EVEN IF THE   KEVLYN GROUP HAS BEEN ADVISED OF THE POSSIBILTIY OF SUCH   DAMAGES, INCLUDING, BUT NOT LIMITED TO: INCIDENTAL, ON   SEQUENTIAL, INDIRECT, ACTUAL, COMPENSATORY, SPECIAL, DELAY, OR   PUNITIVE DAMAGES; LOST PROFITS INCOME, WAGES OR REVENUES;   LABOR COSTS; LOSS OF USE; MATERIAL, REPAIR AND/OR REPLACEMENT   COSTS NOT SPECIFICALLY PROVIDED FOR HEREIN; WATER DAMAGE;   WATER REMEDIATION COSTS; FLOOD DAMAGE; FLOOD REMEDIATION   COSTS; MOLD DAMAGE; MOLD REMEDIATION COSTS; TRANSPORTATION;   INSTALLATION COSTS; DAMAGE TO PROPERTY; INJURY TO PERSONS,   INCLUDING PAIN AND SUFFERING, LOST INCOME, MENTAL DISTRESS,   MEDICAL OR FUNERAL EXPENSES, LOSS OF CONSORTIUM; OR FOR ANY   OTHER LOSSES, INCLUDING ATTORNEY FEES AND COSTS, INCURRED 

 BY CUSTOMER OR ITS CUSTOMERS OR USERS IN CONNECTION WITH   THE PURCHASE, INSTALLATION, OR USE OF THE PRODUCT(S). THE KEVLYN   GROUP SHALL NOT BE LIABLE FOR ANY DELAYS OR ISSUES CAUSED BY   CIRCUMSTANCES BEYOND KEVLYN’S CONTROL, INCLUDING, BUT NOT   LIMITED TO, ACTS OF GOD, FIRE, FLOOD, WAR, GOVERNMENTAL   PRIORITIES, RULES, OR ACTION, ACCIDENT, LABOR TROUBLE OR SHORTAGE,   AND/OR INABILITY TO OBTAIN MATERIAL, EQUIPMENT OR  

 TRANSPORTATION. 

  1. Disclaimer of Additional Representations, Warranties, and Liabilities. TO   THE FULL EXTENT PERMISSIBLE BY LAW, THIS WARRANTY IS EXCLUSIVE   AND IS OFFERED IN LIEU OF ALL IMPLIED OR STATUTORY WARRANTIES   (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY   OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING   FROM COURSE OF DEALING, USAGE, OR PRACTICE OF TRADE) OR   ANY OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR   REPRESENTATIONS. THIS WARRANTY DOES NOT COVER EXPENDABLE   ITEMS SUCH AS BATTERIES OR CABLES, WHICH ARE SOLD WITHOUT   WARRANTY AND “AS IS”. CUSTOMER HEREBY EXPRESSLY RELEASES   THE KEVLYN GROUP FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES   OF ACTION, OR LIABILITY FOR BREACH OF THE IMPLIED WARRANTIES OF   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND   HABITABILITY, NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL AND   COMMON LAW INDEMNITY, CONTRIBUTION, EQUITABLE SUBROGATION,   VIOLATIONS OF APPLICABLE STATUTES, ORDINANCES, BUILDING   CODES, OR REGULATIONS, THE VALIDITY, ACCURACY, PRECISION, LEGALITY,   OR CORRECTNESS OF ANY AND ALL DATA, INFORMATION, VALIDATION,   NUMBERS, FIGURES, OR LEVELS DERIVED FROM, OBTAINED FROM,   OR ANYWAY ASSOCIATED WITH THE USE OF THE PRODUCT(S); ABSENCE   OF DISCOVERABLE OR NONDISCOVERABLE DEFECTS, DESIGN DEFECTS,   MANUFACTURING DEFECTS, MARKETING DEFECTS, FAILURE TO WARN,   THE INHERENTLY DANGEROUS OR UNSAFE NATURE OF THE PRODUCT(S),   OR DEFECTS IN THE INSTALLATION OR REPAIR OF THE PRODUCT(S); THE   DELIVERY, OPERATION, INSTALLATION, MAINTENANCE, REPAIR,   IMPROVEMENT, OR REPLACEMENT OF THE PRODUCT(S); PRODUCTS   LIABILITY; MATERIAL, REPAIR AND/OR REPLACEMENT COSTS NOT   SPECIFICALLY PROVIDED FOR HEREIN; INSTALLATION COSTS; OR FOR   ANY OTHER LOSSES, INCLUDING ATTORNEY FEES AND COSTS,   INCURRED BY CUSTOMER OR ITS CUSTOMERS OR USERS OR ANY THIRD   PARTY IN CONNECTION WITH THE PURCHASE, INSTALLATION OR USE OF   THE PRODUCT(S), AND FROM ANY AND ALL OTHER TORTIOUS CONDUCT,   CONTRACTUAL OR WARRANTY BREACHES, OR STATUTORY VIOLATIONS   OF ANY TYPE THAT THE KEVLYN GROUP MAY COMMIT IN CONNECTION WITH   THE SALE AND/OR CUSTOMER’S PURCHASE OR USE OF THE PRODUCT(S).   CUSTOMER HEREBY EXPRESSLY RELEASES THE KEVLYN GROUP FROM ANY   AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LIABILITY RESULTING   FROM THE IMPROPER INSTALLATION OF THE PRODUCT(S). 
  2. Waiver of Certain Risk. TO THE FULL EXTENT PERMISSIBLE BY LAW,   CUSTOMER UNDERSTANDS AND AGREES THAT NO INTERNET, ONLINE,   WI-FI, WIRELESS, MOBILE, OR CELLULAR SERVICE IS COMPLETELY   SECURE AGAINST UNAUTHORIZED ACCESS, AND THAT, WHEN USING THE   PRODUCT(S) AND/OR SOFTWARE, IT WILL BE TRANSMITTING DATA OVER   PUBLIC NETWORKS THAT ARE INHERENTLY INSECURE. CUSTOMER   ASSUMES ALL RISK ASSOCIATED WITH UNAUTHORIZED INTERCEPTION,   USE AND ACCESS TO DATA SENT BY AND TO CUSTOMER WHEN USING   THE PRODUCT(S) AND/OR SOFTWARE. CUSTOMER UNDERSTANDS THAT   THE KEVLYN GROUP CANNOT GUARANTEE THE SECURITY OF WIRELESS   TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY   RELATING TO THE USE OF THE PRODUCT(S) AND/OR SOFTWARE. TO   THE EXTENT PERMITTED BY LAW, THE KEVLYN GROUP WILL NOT BE   LIABLE FOR ANY UNAUTHORIZED ACCESS TO THE PRODUCT(S) AND/OR   SOFTWARE. THE PRODUCT(S) HAVE NOT BEEN ENDORSED, APPROVED,   OR OTHERWISE ACCEPTED BY UL LLC, UNDERWRITERS LABORATORIES,   ASTM INTERNATIONAL, OR THE UNITED STATES GOVERNMENT OR   ANY STATE GOVERNMENT OR ANY LOCAL GOVERNMENT OR ANY OF   THEIR RESPECTIVE CONSTITUENT AGENCIES, INCLUDING THE FEDERAL   COMMUNICATIONS COMMISSION OR THE ENVIRONMENTAL PROTECTION   AGENCY.


© Kevlyn™ Pumps, LLC. All Rights Reserved.  

  1. Waiver of Software Disruption and Incompatibility. TO THE FULL EXTENT   PERMISSIBLE BY LAW, THE KEVLYN GROUP WILL NOT BE RESPONSIBLE   FOR DISRUPTION OF THE PRODUCT(S) AND/OR SOFTWARE, WI-FI,   WIRELESS, CELLULAR SERVICE, OR LOSS OF DATA, OR ANY OTHER   DAMAGE, LOSS OR LIABILITY RESULTING FROM THE PRODUCT(S) AND/  OR SOFTWARE. FURTHER, THE PRODUCT(S) AND/OR SOFTWARE MAY   BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT   IN THE USE OF THE INTERNET, WI-FI, WIRELESS, CELLULAR, MOBILE AND   ELECTRONIC COMMUNICATIONS. THE KEVLYN GROUP IS NOT RESPONSIBLE   FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING   FROM SUCH PROBLEMS. CUSTOMER FURTHER ACKNOWLEDGES   AND AGREES THAT THE PRODUCT(S) AND/OR SOFTWARE MAY BE   TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR LIMITED BECAUSE   OF ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS   AND MAY BE TEMPORARILY INTERRUPTED OR CURTAILED DUE TO USAGE   CONCENTRATIONS, MODIFICATIONS, UPGRADES, RELOCATION AND REPAIRS   OF TRANSMISSION SYSTEMS. CUSTOMER AGREES THAT THE KEVLYN   GROUP SHALL NOT BE RESPONSIBLE FOR SUCH INTERRUPTIONS OF THE   PRODUCT(S) AND/OR SOFTWARE OR THE INABILITY TO USE THE   PRODUCT(S) AND/OR SOFTWARE OUTSIDE THE WIRELESS, CELLULAR,   OR WI-FI COVERAGE AREA, AS THE CASE MAY BE. IN NO EVENT SHALL   THE KEVLYN GROUP BE LIABLE FOR THE FAILURE OR INCOMPATIBILITY   OF ANY EQUIPMENT UTILIZED BY CUSTOMER IN CONNECTION WITH THE   PRODUCT(S) AND/OR SOFTWARE EXCLUDING THE ACTUAL PRODUCT(S)   AND/OR SOFTWARE. 
  2. NOT USED 
  3. Non-Waiver. No failure of Kevlyn to insist upon strict compliance of   Customer to any of the terms of this Warranty shall impair Kevlyn’s rights.   This Warranty may only be amended if the modifications are made in writing   and executed by Kevlyn and the Customer. No course of dealing between   the parties shall be effective to amend or waive any provision of the   Warranty. 
  4. Severability. In the event that any provisions of this Warranty is declared to   be unenforceable by a court of competent jurisdiction, the other provisions   shall continue in full force and effect. 
  5. Survival. This Warranty will survive expiration, non-renewal or termination   of the purchasing relationship between Customer and Kevlyn. 
  6. Notices. Any notice, warranty claim, or other communication to Kevlyn   shall be in writing, at the address below. Notices must be sent via USPS   certified or registered mail, return receipt requested. Email, oral, or   facsimile machine transmission of notices are not deemed adequate   notice or service. Notice shall effective upon actual delivery at the below   address of Kevlyn. 

 To Kevlyn: Kevlyn Pumps LLC 

 PO Box 338 

 Paoli, PA USA 19301 

  1. Governing Law. To the fullest extent permitted by law, this Warranty   is governed by the internal substantive laws of the Commonwealth of   Pennsylvania, excluding (i) said state’s conflicts of laws principles; (ii)   the United Nations Convention on Contracts for the International Sale of   Goods; (iii) the 1974 Convention on the Limitation Period in the   International Sale of Goods; and (iv) the Protocol amending the 1974   Convention, done at Vienna April 11, 1980. To the fullest extent permitted   by law, the controlling language for this Warranty is English. Any   translation has been provided solely for convenience. The parties agree   to the jurisdiction and venue of the Court of Common Pleas of   Pennsylvania, Chester County, for any and all disputes under this Warranty. 
  2. Waiver of Jury Trial. Kevlyn and the Customer knowingly voluntarily,   expressly, and intentionally waives any right to trial by jury in any action or   other legal proceeding arising out of or relating to the terms of this   Warranty, or the sale, installation, furnishing, or use of the product(s) and   Software. 

  1. Third-Party Beneficiaries. Kevlyn’s licensors, including but not limited to   Slick Dog Productions LLC, Kevin M. Murphy, LLC, and Kevin Michael   Murphy LLC, shall have the full benefit of Kevlyn’s rights and protections   set forth hereunder. There are no other third-party beneficiaries under this   Warranty. Notwithstanding the foregoing, but in no way increasing the   rights of Customer or the duties or responsibilities of Kevlyn, Customer   shall ensure that any and all other persons and entities which install,   use, operate, other otherwise receive, rely on, or otherwise interact with   the product(s) or the results, data, information, validation, numbers,   figures, or levels derived from, obtained from, or anyway associated with   the use of the product(s) shall agree to and be subject to the disclaimers   and limitations of Kevlyn found in this Warranty.

PRIVACY NOTICE 

Rev. 2021 

Kevlyn Pumps, LLC (“Kevlyn Pumps” or “Us”) knows that you care how  information about you is used and shared, and we appreciate your trust that  we will do so carefully and sensibly. This notice describes our privacy policy.  By visiting KevlynPumps.com (our “Website”) you are accepting the  practices described in this Privacy Notice. 

YOUR ACCOUNT AND PROFILE 

You have the option of creating an account with KevlynPumps.com (“Your  Account”). This entails selecting a user name and password to log into Your  Account. Without an account, you can read information about Kevlyn Pumps  and our products. Creating Your Account gives you access to advanced features  of KevlynPumps.com, such as purchasing our products, posting comments  and reviews on product pages, or participating in user forums regarding Us or  our products. As part of Your Account, you will create Your Profile, which stores  information about you. 

PERSONAL INFORMATION 

The information we learn from customers helps us personalize and continually  improve your Kevlyn Pumps experience. Here are the types of information we  gather. 

INFORMATION YOU GIVE US 

We receive and store any information you enter on our Website or give us in  any other way. You can choose not to provide certain information, but then  you might not be able to take advantage of many of our features. We use the  information that you provide for such purposes as responding to your requests,  customizing future shopping for you, improving our stores, and communicating  with you. 

AUTOMATIC INFORMATION 

We receive and store certain types of information whenever you interact with  us. For example, like many websites, we use “cookies,” and we obtain certain  types of information when your web browser accesses KevlynPumps.com or  advertisements and other content served by or on behalf of KevlynPumps.com  on other websites. 

E-MAIL COMMUNICATIONS 

To help us make e-mails more useful and interesting, we often receive a  confirmation when you open e-mail from Kevlyn Pumps if your computer  supports such capabilities. If you do not want to receive e-mail or other mail  from us, please unsubscribe or otherwise notify us. 

Information from Other Sources: We might receive information about you from  other sources and add it to our account information. 

COOKIES 

Cookies are unique identifiers that we transfer to your device to enable our  systems to recognize your device and to provide features such as personalized  advertisements on other websites (e.g., Kevlyn Pumps Associates with content  served by KevlynPumps.com and websites using Checkout by Kevlyn Pumps  payment service) and storage of items in your Shopping Cart between visits. 

The Help feature on most browsers will tell you how to prevent your browser  from accepting new cookies, how to have the browser notify you when you  receive a new cookie, or how to disable cookies altogether. Additionally, you can  disable or delete similar data used by browser add-ons, such as Flash cookies,  by changing the add-on’s settings or visiting the website of its manufacturer.  Because cookies allow you to take advantage of some of KevlynPumps.com’s  essential features, we recommend that you leave them turned on. 

HOW KEVLYNPUMPS.COM SHARES THE INFORMATION IT RECEIVES Information about our customers is an important part of our business, and we  are not in the business of selling it to others. We share customer information  only as described below and with subsidiaries of Kevlyn Pumps with controls  that either are subject to this Privacy Notice or follow practices at least as  protective as those described in this Privacy Notice. 

12 

THIRD-PARTY SERVICE PROVIDERS 

We may employ other companies and individuals to perform functions on  our behalf. Examples include fulfilling orders, delivering packages, sending  postal mail and e-mail, removing repetitive information from customer lists,  analyzing data, providing marketing assistance, providing search results and  links (including paid listings and links), processing credit card payments,  and providing customer service. We require any company with which we  may share personal information to protect that data in a manner consistent  with this policy and to limit the use of such personal information to the  performance of services for Kevlyn Pumps. 

PROMOTIONAL OFFERS 

Sometimes we send offers to selected groups of KevlynPumps.com customers  on behalf of other businesses. When we do this, we do not give that business  your name and address. If you do not want to receive such offers, you can  choose to opt out Your Account configuration page. 

PROTECTION OF KEVLYN PUMPS AND OTHERS  

We release account and other personal information when we believe release  is appropriate to enforce or apply our Conditions of Use and other agreements;  or protect the rights, property, or safety of Kevlyn Pumps, our users, or others.  This includes exchanging information with other companies and organizations  for fraud protection and credit risk reduction. This does not include selling,  renting, sharing, or otherwise disclosing personally identifiable information  from customers for commercial purposes in violation of the commitments set  forth in this Privacy Notice. 

WHEN REQUIRED BY LAW 

We may disclose personal information under special circumstances, such as  to comply with court orders requiring us to do so or when your actions violate  our Conditions for Use. 

WITH YOUR CONSENT 

Other than as set out above, you will receive notice when information about  you might go to third parties, and you will have an opportunity to choose not to  share the information. 

INFORMATION SECURITY 

We work to protect the security of your information during transmission by  using Secure Sockets Layer (SSL) software, which encrypts information you  input. 

We reveal only the last four digits of your credit card numbers when  confirming an order. Of course, we transmit the entire credit card number  to the appropriate credit card company during order processing, but this  information is protected by SSL encryption. 

It is important for you to protect against unauthorized access to your password  and to your computer. Be sure to sign off when finished using a shared  computer. 

THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEBSITES Our site may include third-party advertising and links to other websites that  are outside our control and are not covered by this Privacy Policy (“Third-Party  Websites”). If you access Third-Party Websites using the links provided, the  operators of such sites may collect information from you which will be used  by them in accordance with their own privacy policies, which may differ from  ours. We encourage you to review the privacy policies of those Third-Party  Websites so that you understand if/how they collect and/or use information  from you or your computer. For more information about third-party advertising  at KevlynPumps.com, including personalized or interest-based ads, please  contact us. 

ACCESSIBLE INFORMATION 

You can help ensure that your contact information and preferences are  accurate, complete, and up to date by logging into Your Account. For other  personal information we hold, we will provide you with access for any  purpose, including to request that we correct the data or delete the data if  Kevlyn Pumps is not required to retain it by law or for legitimate business  purposes. We may decline to process requests that are frivolous/vexatious, 

© Kevlyn™ Pumps, LLC. All Rights Reserved.  

jeopardize the privacy of others, are extremely impractical, or for which access  is not otherwise required by local law. Access, correction, or deletion requests  can be made by contacting us at the email below. 

USER OPTIONS 

As discussed above, you can always choose not to provide information, even  though it might be needed to make a purchase or to take advantage of such  KevlynPumps.com features as Your Profile and your shopping cart. For example,  purchases may be made by telephone in lieu of KevlynPumps.com. 

You can add or update certain information on pages on KevlynPumps.com.  When you update information, we may keep a copy of the prior version for our  records. 

If you do not want to receive e-mail or other mail from us, please unsubscribe  from Your Account configuration page or otherwise notify us. If you do not  want to receive updates to the Conditions of Use and other legal notices from  us, such as this Privacy Notice, those notices will still govern your use of  KevlynPumps.com, and it is your responsibility to review them for changes. 

If you do not want us to use personal information that we gather to allow third  parties to personalize advertisements we display to you, you can opt out from  Your Profile or notify us. 

You also have the capability to enable or disable the use of cookies from your  browser. See the “Cookies” section above for more information. Because  cookies allow you to take advantage of some of KevlynPumps.com’s essential  features, we recommend that you leave them turned on. For instance, if you  block or otherwise reject our cookies, you may not be able to add items to your  Shopping Cart, proceed to Checkout, or use any KevlynPumps.com services  that require you to sign in. 

CHILDREN 

KevlynPumps.com does not sell children’s products or products for purchase  by children. If you are under 18, you may use KevlynPumps.com only with the  involvement of a parent or guardian. We do not knowingly collect personal  information from children under the age of 13 without the consent of the child’s  parent or guardian. 

CONDITIONS OF USE, NOTICES, AND REVISIONS 

If you choose to visit KevlynPumps.com, your visit and any dispute over privacy  is subject to this Notice and our Conditions of Use, including limitations on  damages, resolution of disputes, and application of the law of the state of  Pennsylvania. If you have any concern about privacy at KevlynPumps.com,  please contact us with a thorough description, and we will try to resolve it.  Our business changes constantly, and our Privacy Notice and the Conditions  of Use will change also. We may e-mail periodic reminders of our notices and  conditions, but you should check our Website frequently to see recent changes.  Unless stated otherwise, our current Privacy Notice applies to all information  that we have about you and your account. 

We may revise this Privacy Notice from time to time. The most current version  of the policy will govern our use of your information and will always be found  at https://waterheaterwatchdog.com/privacy. If we make a change to this policy that, in  our sole discretion, is material, we will notify you via email to the email address  associated with your account. By continuing to access or use the services at  waterheaterwatchdog.com after those changes become effective, you agree to be bound  by the revised Policy Notice. 

Examples of Information Collected 

INFORMATION YOU GIVE US 

You provide information when you perform actions such as searching, buying,  posting, participating in a contest or questionnaire, or communicating with  customer service. For example, you provide information when you perform the  following actions: search for a product; place an order through KevlynPumps. com or one of our third-party sellers; provide information in Your Account (and  you might have more than one account if you have used more than one e-mail  address when shopping with us) or Your Profile; communicate with us by phone,  e-mail, or otherwise; complete a questionnaire or a contest entry form; use our  services; and participate in discussion boards or other community features. As  

a result of those actions, you might supply us with information including,  but not limited to, your name, address, and phone numbers; credit card  information; people to whom purchases have been shipped, including  addresses and phone number; people (with addresses and phone numbers)  listed in Your Profile settings; e-mail addresses of your friends and other  people; content of reviews and e-mails to us; personal description and  photograph in Your Profile; and financial information, including Social Security  and driver’s license numbers. 

AUTOMATIC INFORMATION 

Examples of the information we might collect and analyze include the Internet  protocol (IP) address used to connect your computer to the Internet; login;  e-mail address; password; computer and connection information such as  browser type, version, and time zone setting, browser plug-in types and  versions, operating system, and platform; purchase history, which we may  sometimes aggregate with similar information from other customers; the full  Uniform Resource Locator (URL) clickstream to, through, and from our Website,  including date and time; cookie number; products you viewed or searched for;  and any phone numbers you use to contact us. We may also use browser data  such as cookies, Flash cookies (also known as Flash Local Shared Objects),  or similar data on certain parts of our Website for fraud prevention and other  purposes. During some visits we may use software tools such as JavaScript  to measure and collect session information, including page response times,  download errors, length of visits to certain pages, page interaction information  (such as scrolling, clicks, and mouse-overs), and methods used to browse  away from the page. 

INFORMATION FROM OTHER SOURCES 

Examples of information we receive from other sources include updated  delivery and address information from our carriers or other third parties,  which we use to correct our records and deliver your next purchase or  communication more easily; account information, and purchase or redemption  information; search results and links; and credit history information from  credit bureaus, which we use to help prevent and detect fraud and to offer  certain credit or financial services to some customers. 

INFORMATION YOU CAN ACCESS 

Examples of information you can access easily at KevlynPumps.com include  up-to-date information regarding recent orders; personally identifiable  information (including name, e-mail, password, communications and  personalized advertising preferences, and address book); payment settings  (including credit card information and promotional certificate and gift card  balances); e-mail notification settings; recommendations; and Your Profile  (including your product reviews, personal profile, etc.). 

Contact 

You can reach us at: 

Kevlyn Pumps, LLC 

PO Box 338 

Paoli, Pennsylvania 19301 

https://www.KevlynPumps.com 

email: Privacy@KevlynPumps.com 

Effective: May 6, 2019.

TERMS AND CONDITIONS FOR WEBSITE Terms & Conditions of Use – Rev. 2021 

Welcome to Kevlyn Pumps.com. Kevlyn Pumps, LLC and/or its affiliates  (“Kevlyn Pumps”) provide website features and other products and services to  you when you visit or shop at KevlynPumps.com or any other website owned  or operated by Kevlyn Pumps, use Kevlyn Pumps products or services, use  Kevlyn Pumps applications for mobile, or use software provided by Kevlyn  Pumps in connection with any of the foregoing (collectively, “Kevlyn Pumps  Services”). Kevlyn Pumps provides the Kevlyn Pumps Services subject to the  following conditions. 

By using Kevlyn Pumps Services, you agree to these conditions. Please  read them carefully. 

We offer a wide range of Kevlyn Pumps Services, and sometimes additional  terms may apply. When you use a Kevlyn Pumps Service (for example, Your  Profile, Kevlyn Pumps devices, or Kevlyn Pumps applications) you may also  be subject to the guidelines, terms and agreements applicable to that Kevlyn  

Pumps Service (“Service Terms”). If these Conditions of Use are inconsistent  with the Service Terms, those Service Terms will control. 

BETA TESTER 

If you participate in the Kevlyn Pumps Beta Tester Program, you will be subject  to a separate Beta Tester and Confidentiality Agreement. If these Conditions of  Use are inconsistent with the Beta Tester and Confidentiality Agreement, the  Beta Tester and Confidentiality Agreement will control. 

PRIVACY 

Please review our Privacy Notice, which also governs your use of Kevlyn  Pumps Services, to understand our practices. 

ELECTRONIC COMMUNICATIONS 

When you use Kevlyn Pumps Services, or send e-mails, text messages, and  other communications from your desktop or mobile device to us, you may be  communicating with us electronically. You consent to receive communications  from us electronically, such as e-mails, texts, mobile push notices, or notices  and messages on this site or through the other Kevlyn Pumps Services,  and you can retain copies of these communications for your records. 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. 

COPYRIGHTS 

All content included in or made available through any Kevlyn Pumps Service,  such as text, graphics, logos, button icons, images, audio clips, digital  downloads, data compilations, source code, and software is the property  of Kevlyn Pumps or its content suppliers (“Kevlyn Pumps Content”) and is  protected by United States and international copyright laws. The compilation  of all content included in or made available through any Kevlyn Pumps Service  is the exclusive property of Kevlyn Pumps and/or applicable third parties,  and it is protected by U.S. and international copyright laws. The copying,  redistribution, use or publication by the user of any Kevlyn Pumps Content is  strictly prohibited except as expressly allowed by other sections of this Terms  & Conditions of Use or the Service Terms. 

TRADEMARKS 

Kevlyn Pumps owns the following trademarks: U.S. Trademark Application  for “Kevlyn” with Serial No. 87684023 and U.S. Trademark Application for  the Kevlyn Pumps Logo with Serial No. 87709737. In addition, brand names,  images, videos, graphics, logos, page headers, button icons, scripts, and  service names included in or made available through any Kevlyn Pumps  Service are trademarks or trade dress of Kevlyn Pumps in the U.S. and other  countries. Kevlyn Pumps’ trademarks and trade dress may not be used  in connection with any product or service that is not owned or licensed  by Kevlyn Pumps in any manner that is likely to cause confusion among  customers, or in any manner that disparages or discredits Kevlyn Pumps.  All other trademarks not owned by Kevlyn Pumps that appear in any Kevlyn  Pumps Service, if any, are the property of their respective owners, who may or  may not be affiliated with, connected to, or sponsored by Kevlyn Pumps. 

PATENTS 

One or more patents or patent applications owned or licensed by Kevlyn  Pumps apply to the Kevlyn Pumps Services and to the features and services  accessible via the Kevlyn Pumps Services. Kevlyn Pumps’ inventions may not  be used in connection with any product or service that is not Kevlyn Pumps’  without the written permission of the invention/patent owner, or in any manner  that infringes any current or future patents and/or patent applications owned  or licensed by Kevlyn Pumps. 

LICENSE AND ACCESS 

Subject to your compliance with these Terms & Conditions of Use and any  Service Terms, and your payment of any applicable fees, Kevlyn Pumps or  its content providers grant you a limited, non-exclusive, non-transferable,  non-sublicensable license to access and make personal and non-commercial  

use of the Kevlyn Pumps Services. This license does not include any resale or  commercial use of any Kevlyn Pumps Service, or its contents; any collection  and use of any product listings, descriptions, or prices; any derivative use of  any Kevlyn Pumps Service or its contents; any downloading, copying, or other  use of account information for the benefit of any third party; or any use of data  mining, robots, or similar data gathering and extraction tools. All rights not  expressly granted to you in these Terms & Conditions of Use or any Service  Terms are reserved and retained by Kevlyn Pumps or its licensors, suppliers,  publishers, rights holders, or other content providers. No Kevlyn Pumps  Service, nor any part of any Kevlyn Pumps Service, may be reproduced,  duplicated, copied, sold, resold, visited, or otherwise exploited for any  commercial purpose without express written consent of Kevlyn Pumps. You  may not frame or utilize framing techniques to enclose any trademark, logo,  or other proprietary information (including images, text, page layout, or form)  of Kevlyn Pumps without express written consent. You may not use any Meta  tags or any other “hidden text” utilizing Kevlyn Pumps’ name or trademarks  without the express written consent of Kevlyn Pumps. You may not misuse  the Kevlyn Pumps Services. You may use the Kevlyn Pumps Services only as  permitted by law. The licenses granted by Kevlyn Pumps terminate if you do  not comply with these Terms & Conditions of Use or any Service Terms. 

YOUR ACCOUNT 

You may need your own Kevlyn Pumps account to use certain Kevlyn Pumps  Services, and you may be required to be logged in to the account and have  a valid payment method associated with it. If there is a problem charging  your selected payment method, we may charge any other valid payment  method associated with your account. You are responsible for maintaining  the confidentiality of your account and password and for restricting access  to your account, and you agree to accept responsibility for all activities that  occur under your account or password. Kevlyn Pumps does not sell products  for children, but it sells them to adults, who can purchase with a credit card or  other permitted payment method. If you are under 18, you may use the Kevlyn  Pumps Services only with involvement of a parent or guardian. Kevlyn Pumps  reserves the right to refuse service, terminate accounts, terminate your rights  to use Kevlyn Pumps Services, remove or edit content, or cancel orders in its  sole discretion. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content and  submit suggestions, ideas, comments, questions, or other information, if  KevlynPumps.com allows such postings now or at a future date, so long as  the content is not illegal, obscene, threatening, defamatory, invasive of privacy,  infringing of intellectual property rights (including publicity rights), or otherwise  injurious to third parties or objectionable, and does not consist of or contain  software viruses, political campaigning, commercial solicitation, chain letters,  mass mailings, or any form of “spam” or unsolicited commercial electronic  messages. You may not use a false e-mail address, impersonate any person or  entity, or otherwise mislead as to the origin of a credit card or other content.  Kevlyn Pumps reserves the right (but not the obligation) to remove or edit such  content but may not regularly review posted content. 

If you do post content or submit material, and unless we indicate otherwise,  you grant Kevlyn Pumps a nonexclusive, royalty-free, perpetual, irrevocable,  and fully sublicensable right to use, reproduce, modify, adapt, publish,  perform, translate, create derivative works from, distribute, and display such 


© Kevlyn™ Pumps, LLC. All Rights Reserved.  

content throughout the world in any media. You grant Kevlyn Pumps and  sublicensees the right to use the name that you submit in connection with  such content, if they choose. You represent and warrant that you own or  otherwise control all of the rights to the content that you post; that the content  is accurate; that use of the content you supply does not violate this policy  and will not cause injury to any person or entity; and that you will indemnify  Kevlyn Pumps for all claims resulting from content you supply. Kevlyn Pumps  has the right but not the obligation to monitor and edit or remove any activity  or content. Kevlyn Pumps takes no responsibility and assumes no liability for,  nor does it control, verify, support or endorse, any content posted by you or  any third party. 

INTELLECTUAL PROPERTY COMPLAINTS 

Kevlyn Pumps respects the intellectual property of others. If you believe that  your intellectual property rights are being infringed, please contact us at the  address below. 

RISK OF LOSS 

All purchases of physical items from Kevlyn Pumps are made pursuant to a  shipment contract. This means that the risk of loss and title for such items  pass to you upon our delivery to the carrier. 

SHIPPING 

Once an order has been placed via KevlynPumps.com, an email confirming  the purchase shall be sent to you within 24 hours. Kevlyn Pumps typically  ships the order within a week. If the item is out of stock, Kevlyn Pumps will  notify you, and you may choose to cancel the order or wait for stock to be  replenished. If the item has been discontinued, the order will be cancelled.  You may select the shipping timeframe upon purchase. If you wish to cancel  an order prior to shipment, you should contact Kevlyn Pumps immediately and  Kevlyn Pumps will make all best efforts to prevent shipment of the product.  However, once a product has shipped, Kevlyn Pumps shall not provide a  refund of the purchase price. See Returns, Refunds, and Title. Sales tax  shall not be charged for any customers with shipping addresses outside of  Pennsylvania. All customers with shipping addresses in Pennsylvania will  be charged Pennsylvania sales tax. You acknowledge that shipping services  might be handled by a third party. 

RETURNS, REFUNDS AND TITLE 

No refunds shall be provided to a customer for any product sold. If a product  is defective, it may be returned to Kevlyn Pumps, and Kevlyn Pumps will either  repair it or replace it with a new fully functioning product at its discretion.  The customer bears the cost of shipping a return to Kevlyn Pumps. Kevlyn  Pumps does not take title to returned items until the item arrives at our place  of business. At our discretion, a replacement product may be issued without  requiring a return. In this situation, Kevlyn Pumps does not take title to the  replaced item. 

PRODUCT DESCRIPTIONS 

Kevlyn Pumps attempts to be as accurate as possible. However, Kevlyn Pumps  does not warrant that product descriptions or other content of any Kevlyn  Pumps Service is accurate, complete, reliable, current, or error-free. If a  product offered by Kevlyn Pumps itself is not as described, your sole remedy  is to return it in unused condition. 

PRICING 

“List Price” means the suggested retail price of a product as provided by a  manufacturer, supplier, or seller. 

With respect to items sold by Kevlyn Pumps, we cannot confirm the price of  an item until you order. Despite our best efforts, a small number of the items  in our catalog may be mispriced. If the correct price of an item sold by Kevlyn  Pumps is higher than our stated price, we will, at our discretion, either contact  you for instructions before shipping or cancel your order and notify you of  such cancellation. 

We generally do not charge your credit card until after your order has entered  the shipping process or, for digital products, until we make the digital product  available to you. 

SANCTIONS AND EXPORT POLICY 

You may not use any Kevlyn Pumps Service if you are the subject of

U.S. sanctions or of sanctions consistent with U.S. law imposed by the  governments of the country where you are using Kevlyn Pumps Services. You  must comply with all U.S. or other export and re-export restrictions that may  apply to goods, software (including Kevlyn Pumps Services), technology, and  services. 

OTHER BUSINESSES 

Parties other than Kevlyn Pumps may operate stores, provide services or  software, or sell product lines through the Kevlyn Pumps Services. In addition,  we may provide links to the sites of affiliated companies and certain other  businesses. If you purchase any of the products or services offered by these  businesses or individuals, you are purchasing directly from those third parties,  not from Kevlyn Pumps. We are not responsible for examining or evaluating,  and we do not warrant, the offerings of any of these businesses or individuals  (including the content of their Web sites). Kevlyn Pumps does not assume any  responsibility or liability for the actions, product, and content of all these and  any other third parties. You should carefully review their privacy statements  and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE KEVLYN PUMPS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER  SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH  THE KEVLYN PUMPS SERVICES ARE PROVIDED BY KEVLYN PUMPS ON A GOOD  FAITH AND AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE  SPECIFIED IN WRITING, AND SUCH INFORMATION MAY BE INCORRECT, OUT OF  DATE, OR INACCURATE TO SOME EXTENT. KEVLYN PUMPS AND ALL ENTITIES  ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS,  DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES MAKES NO GUARANTEES,  CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR  IMPLIED, AS TO THE OPERATION OF THE KEVLYN PUMPS SERVICES, OR THE  INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE  AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE  MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES, UNLESS  OTHERWISE SPECIFIED IN WRITING INCLUDING, WITHOUT LIMITATION,  ERROR FREE ACCESSIBIITY TO KEVLYNPUMPS.COM AND OTHER USE OF THE  KEVLYNPUMPS.COM WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF  THE KEVLYN PUMPS SERVICES IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS AND ALL  ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS  OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES DISCLAIM  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE. KEVLYN PUMPS DOES NOT WARRANT THAT THE  KEVLYN PUMPS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS  (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED  ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS  SERVICES, KEVLYN PUMPS’S SERVERS OR ELECTRONIC COMMUNICATIONS  SENT FROM KEVLYN PUMPS ARE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS  AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION,  ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT  BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY  KEVLYN PUMPS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES  INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY  KEVLYN PUMPS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,  INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE  SPECIFIED IN WRITING. 

DISPUTES 

Any dispute or claim relating in any way to your use of any Kevlyn  Pumps Service, or to any products or services sold or distributed by  Kevlyn Pumps or through KevlynPumps.com or any other Web site owned  or operated by Kevlyn Pumps will be resolved by binding arbitration,  rather than in court, except that you may assert claims in small claims court  if your claims qualify. The Federal Arbitration Act and federal arbitration law  apply to this agreement.

© Kevlyn™ Pumps, LLC. All Rights Reserved.  

There is no judge or jury in arbitration, and court review of an arbitration  award is limited. However, an arbitrator can award on an individual  basis the same damages and relief as a court (including injunctive and  declaratory relief or statutory damages) and must follow the terms of  these Terms & Conditions of Use as a court would. 

To begin an arbitration proceeding, you must send a letter requesting  arbitration and describing your claim to Kevlyn Pumps, LLC at the address  below. The arbitration shall be conducted by the American Arbitration  Association (AAA) under its rules, including the AAA’s Supplementary  Procedures for Consumer-Related Disputes. The AAA’s rules are available  at www.adr.org or by calling 1-800-778-7879. Payment of all filing,  administration and arbitrator fees will be governed by the AAA’s rules. You  may choose to have the arbitration conducted by telephone, based on written  submissions, or in at another a mutually agreed upon location within five (5)  miles of Paoli, Pennsylvania. 

We each agree that any dispute resolution proceedings will be  conducted only on an individual basis and not in a class, consolidated or  representative action. If for any reason a claim proceeds in court rather than  in arbitration we each waive any right to a jury trial. We also both agree  that you or Kevlyn Pumps may bring suit in court to enjoin infringement or  other misuse of intellectual property rights. 

APPLICABLE LAW 

By using any Kevlyn Pumps Service, you agree that the Federal Arbitration  Act, applicable federal law, and the laws of the state of Pennsylvania, without  regard to principles of conflict of laws, will govern these Terms & Conditions  of Use and any dispute of any sort that might arise between you and Kevlyn  Pumps. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY 

We reserve the right to make changes to our site, policies, Service Terms, and  these Terms & Conditions of Use at any time. If any of these conditions shall  be deemed invalid, void, or for any reason unenforceable, that condition shall  be deemed severable and shall not affect the validity and enforceability of any  remaining condition. 

OUR ADDRESS 

Kevlyn Pumps, LLC 

PO Box 338 

Paoli, Pennsylvania 19301 

https://www.KevlynPumps.com 

FORCE MAJEURE 

Kevlyn Pumps will exercise every commercially reasonable effort to meet  any quoted or agreed upon shipment or delivery date or dates. Kevlyn Pumps  shall not, however, be liable for any loss or damage, including consequential  damages, due to delays or failure to ship resulting from any cause beyond  its reasonable control, such as, but not limited to, acts of God, acts of civil or  military authority, judicial action, defaults of subcontractors or vendors, labor  disputes, failure or delays in transportation, embargoes, wars or riots, or the  inability of carriers to make scheduled deliveries. 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS Kevlyn Pumps accepts service of subpoenas or other legal process only  through Chipperson Law Group, 163 Madison Ave., Suite 220-40,  Morristown, NJ 07960. 

For any complaints sent to the above address, please note that providing  detailed and accurate information at the outset will facilitate efficient  processing of your request. That information will include, for example, e-mail  and/or credit card number used to make purchases for retail purchase  information; the name, e-mail, and physical address of a seller for seller  information; device serial number for Kevlyn Pumps devices; and IP address  and complete time stamps. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL  PROPERTY INFRINGEMENT 

If you believe that your intellectual property rights have been infringed, please  submit your complaint to Chipperson Law Group, 163 Madison Ave., Suite  220-40, Morristown, NJ 07960. 

TERMS AND CONDITIONS OF USE FOR  DEVICE SITE Rev. 2021 

Welcome to Devices.KevlynPumps.com. Kevlyn Pumps, LLC and/or its  affiliates (“Kevlyn Pumps”) provide website features and other products and  services to you when you visit Devices.KevlynPumps.com or any other website  owned or operated by Kevlyn Pumps, use Kevlyn Pumps products or services,  use Kevlyn Pumps applications for mobile, or use software provided by Kevlyn  Pumps in connection with any of the foregoing (collectively, “Kevlyn Pumps  Services”). Kevlyn Pumps provides the Kevlyn Pumps Services subject to the  following conditions. 

By using Kevlyn Pumps Services, you agree to these conditions. Please  read them carefully. 

We offer a wide range of Kevlyn Pumps Services, and sometimes additional  terms may apply. When you use a Kevlyn Pumps Service (for example, Your  Profile, Kevlyn Pumps devices, or Kevlyn Pumps applications) you may also  be subject to the guidelines, terms and agreements applicable to that Kevlyn  

Pumps Service (“Service Terms”). If these Conditions of Use are inconsistent  with the Service Terms, those Service Terms will control. 

BETA TESTER 

If you participate in the Kevlyn Pumps Beta Tester Program, you will be subject  to a separate Beta Tester and Confidentiality Agreement. If these Conditions of  Use are inconsistent with the Beta Tester and Confidentiality Agreement, the  Beta Tester and Confidentiality Agreement will control. 

PRIVACY 

Please review our Privacy Notice, which also governs your use of Kevlyn  Pumps Services, to understand our practices. 

ELECTRONIC COMMUNICATIONS 

When you use Kevlyn Pumps Services, or send e-mails, text messages, and  other communications from your desktop or mobile device to us, you may be  communicating with us electronically. You consent to receive communications  from us electronically, such as e-mails, texts, mobile push notices, or notices  and messages on this site or through the other Kevlyn Pumps Services,  and you can retain copies of these communications for your records. 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. 

COPYRIGHTS 

All content included in or made available through any Kevlyn Pumps Service,  such as text, graphics, logos, button icons, images, audio clips, digital  downloads, data compilations, source code, and software is the property  of Kevlyn Pumps or its content suppliers (“Kevlyn Pumps Content”) and is  protected by United States and international copyright laws. The compilation  of all content included in or made available through any Kevlyn Pumps Service  is the exclusive property of Kevlyn Pumps and/or applicable third parties,  and it is protected by U.S. and international copyright laws. The copying,  redistribution, use or publication by the user of any Kevlyn Pumps Content is  strictly prohibited except as expressly allowed by other sections of this Terms  & Conditions of Use or the Service Terms. 

TRADEMARKS 

Kevlyn Pumps owns the following trademarks: U.S. Trademark Application  for “Kevlyn” with Serial No. 87684023 and U.S. Trademark Application for  the Kevlyn Pumps Logo with Serial No. 87709737. In addition, brand names,  images, videos, graphics, logos, page headers, button icons, scripts, and  service names included in or made available through any Kevlyn Pumps  Service are trademarks or trade dress of Kevlyn Pumps in the U.S. and other  countries. Kevlyn Pumps’ trademarks and trade dress may not be used in  connection with any product or service that is not owned or licensed by Kevlyn  Pumps in any manner that is likely to cause confusion among customers, or in  any manner that disparages or discredits Kevlyn Pumps. All other trademarks  not owned by Kevlyn Pumps that appear in any Kevlyn Pumps Service, if any,  are the property of their respective owners, who may or may not be affiliated  with, connected to, or sponsored by Kevlyn Pumps.


© Kevlyn™ Pumps, LLC. All Rights Reserved.  

PATENTS 

One or more patents or patent applications owned or licensed by Kevlyn  Pumps apply to the Kevlyn Pumps Services and to the features and services  accessible via the Kevlyn Pumps Services. Kevlyn Pumps’ inventions may not  be used in connection with any product or service that is not Kevlyn Pumps’  without the written permission of the invention/patent owner, or in any  manner that infringes any current or future patents and/or patent applications  owned or licensed by Kevlyn Pumps. 

LICENSE AND ACCESS 

Subject to your compliance with these Terms & Conditions of Use and any  Service Terms, and your payment of any applicable fees, Kevlyn Pumps or  its content providers grant you a limited, non-exclusive, non-transferable,  non-sublicensable license to access and make personal and non-commercial  

use of the Kevlyn Pumps Services. This license does not include any resale or  commercial use of any Kevlyn Pumps Service, or its contents; any collection  and use of any product listings, descriptions, or prices; any derivative use of  any Kevlyn Pumps Service or its contents; any downloading, copying, or other  use of account information for the benefit of any third party; or any use of data  mining, robots, or similar data gathering and extraction tools. All rights not  expressly granted to you in these Terms & Conditions of Use or any Service  Terms are reserved and retained by Kevlyn Pumps or its licensors, suppliers,  publishers, rights holders, or other content providers. No Kevlyn Pumps  Service, nor any part of any Kevlyn Pumps Service, may be reproduced,  duplicated, copied, sold, resold, visited, or otherwise exploited for any  commercial purpose without express written consent of Kevlyn Pumps. You  may not frame or utilize framing techniques to enclose any trademark, logo,  or other proprietary information (including images, text, page layout, or form)  of Kevlyn Pumps without express written consent. You may not use any Meta  tags or any other “hidden text” utilizing Kevlyn Pumps’ name or trademarks  without the express written consent of Kevlyn Pumps. You may not misuse  the Kevlyn Pumps Services. You may use the Kevlyn Pumps Services only as  permitted by law. The licenses granted by Kevlyn Pumps terminate if you do  not comply with these Terms & Conditions of Use or any Service Terms. 

YOUR ACCOUNT 

You may need your own account on Devices.KevlynPumps.com to use certain  Kevlyn Pumps Services, and you may be required to be logged in to the  account and have a valid payment method associated with it. If there is a  problem charging your selected payment method, we may charge any other  valid payment method associated with your account. You are responsible  for maintaining the confidentiality of your account and password and for  restricting access to your account, and you agree to accept responsibility for  all activities that occur under your account or password. Kevlyn Pumps does  not sell products for children, but it sells them to adults, who can purchase  with a credit card or other permitted payment method. If you are under 18,  you may use the Kevlyn Pumps Services only with involvement of a parent  or guardian. Kevlyn Pumps reserves the right to refuse service, terminate  accounts, terminate your rights to use Kevlyn Pumps Services, remove or edit  content, or cancel orders in its sole discretion. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content and  submit suggestions, ideas, comments, questions, or other information, if  Devices.KevlynPumps.com allows such postings now or at a future date, so  long as the content is not illegal, obscene, threatening, defamatory, invasive  of privacy, infringing of intellectual property rights (including publicity rights),  or otherwise injurious to third parties or objectionable, and does not consist  of or contain software viruses, political campaigning, commercial solicitation,  chain letters, mass mailings, or any form of “spam” or unsolicited commercial  electronic messages. You may not use a false e-mail address, impersonate  any person or entity, or otherwise mislead as to the origin of a credit card  or other content. Kevlyn Pumps reserves the right (but not the obligation) to  remove or edit such content but may not regularly review posted content. 

If you do post content or submit material, and unless we indicate otherwise,  you grant Kevlyn Pumps a nonexclusive, royalty-free, perpetual, irrevocable,  and fully sublicensable right to use, reproduce, modify, adapt, publish,  perform, translate, create derivative works from, distribute, and display such  content throughout the world in any media. You grant Kevlyn Pumps and 

10 

sublicensees the right to use the name that you submit in connection with  such content, if they choose. You represent and warrant that you own or  otherwise control all of the rights to the content that you post; that the content  is accurate; that use of the content you supply does not violate this policy and  will not cause injury to any person or entity; and that you will indemnify Kevlyn  Pumps for all claims resulting from content you supply. Kevlyn Pumps has  the right but not the obligation to monitor and edit or remove any activity or  content. Kevlyn Pumps takes no responsibility and assumes no liability for, nor  does it control, verify, support or endorse, any content posted by you or any  third party. 

INTELLECTUAL PROPERTY COMPLAINTS 

Kevlyn Pumps respects the intellectual property of others. If you believe that  your intellectual property rights are being infringed, please contact us at the  address below. 

APP ALERTS 

You may grant certain permissions to the Kevlyn Pumps Water Heater App for  your device to provide you with alerts. Most mobile devices provide you with  information about enabling and disabling these permissions. 

SANCTIONS AND EXPORT POLICY 

You may not use any Kevlyn Pumps Service if you are the subject of  U.S. sanctions or of sanctions consistent with U.S. law imposed by the  governments of the country where you are using Kevlyn Pumps Services. You  must comply with all U.S. or other export and re-export restrictions that may  apply to goods, software (including Kevlyn Pumps Services), technology, and  services. 

OTHER BUSINESSES 

Parties other than Kevlyn Pumps may operate stores, provide services or  software, or sell product lines through the Kevlyn Pumps Services. In addition,  we may provide links to the sites of affiliated companies and certain other  businesses. If you purchase any of the products or services offered by these  businesses or individuals, you are purchasing directly from those third parties,  not from Kevlyn Pumps. We are not responsible for examining or evaluating,  and we do not warrant, the offerings of any of these businesses or individuals  (including the content of their Web sites). Kevlyn Pumps does not assume any  responsibility or liability for the actions, product, and content of all these and  any other third parties. You should carefully review their privacy statements  and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE KEVLYN PUMPS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER  SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH  THE KEVLYN PUMPS SERVICES ARE PROVIDED BY KEVLYN PUMPS ON A GOOD  FAITH AND AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE  SPECIFIED IN WRITING, AND SUCH INFORMATION MAY BE INCORRECT, OUT OF  DATE, OR INACCURATE TO SOME EXTENT. KEVLYN PUMPS AND ALL ENTITIES  ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS,  DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES MAKES NO GUARANTEES,  CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR  IMPLIED, AS TO THE OPERATION OF THE KEVLYN PUMPS SERVICES, OR THE  INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE  AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE  MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES, UNLESS  OTHERWISE SPECIFIED IN WRITING INCLUDING, WITHOUT LIMITATION, ERROR  FREE ACCESSIBILITY TO DEVICESKEVLYNPUMPS.COM AND OTHER USE OF THE  DEVICES.KEVLYNPUMPS.COM WEBSITE. YOU EXPRESSLY AGREE THAT YOUR  USE OF THE KEVLYN PUMPS SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS AND ALL  ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS  OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES DISCLAIM  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE. KEVLYN PUMPS DOES NOT WARRANT THAT THE  KEVLYN PUMPS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS  (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED  ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS  SERVICES, KEVLYN PUMPS’S SERVERS OR ELECTRONIC COMMUNICATIONS

© Kevlyn™ Pumps, LLC. All Rights Reserved.  

SENT FROM KEVLYN PUMPS ARE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS  AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION,  ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT  BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY  KEVLYN PUMPS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES  INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY  KEVLYN PUMPS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,  INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE  SPECIFIED IN WRITING. 

DISPUTES 

Any dispute or claim relating in any way to your use of any Kevlyn Pumps  Service, or to any products or services sold or distributed by Kevlyn  Pumps or through Devices.KevlynPumps.com or any other Web site owned  or operated by Kevlyn Pumps will be resolved by binding arbitration,  rather than in court, except that you may assert claims in small claims court if  your claims qualify. The Federal Arbitration Act and federal arbitration law apply  to this agreement. 

There is no judge or jury in arbitration, and court review of an arbitration  award is limited. However, an arbitrator can award on an individual  basis the same damages and relief as a court (including injunctive and  declaratory relief or statutory damages) and must follow the terms of  these Terms & Conditions of Use as a court would. 

To begin an arbitration proceeding, you must send a letter requesting arbitration  and describing your claim to Kevlyn Pumps, LLC at the address below. The  arbitration shall be conducted by the American Arbitration Association (AAA)  under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org or by calling  1-800-778-7879. Payment of all filing, administration and arbitrator fees will be  governed by the AAA’s rules. You may choose to have the arbitration conducted  by telephone, based on written submissions, or in at another a mutually agreed  upon location within five (5) miles of Paoli, Pennsylvania. 

We each agree that any dispute resolution proceedings will be  conducted only on an individual basis and not in a class, consolidated or  representative action. If for any reason a claim proceeds in court rather than  in arbitration we each waive any right to a jury trial. We also both agree that  you or Kevlyn Pumps may bring suit in court to enjoin infringement or other  misuse of intellectual property rights. 

APPLICABLE LAW 

By using any Kevlyn Pumps Service, you agree that the Federal Arbitration Act,  applicable federal law, and the laws of the state of Pennsylvania, without regard  to principles of conflict of laws, will govern these Terms & Conditions of Use and  any dispute of any sort that might arise between you and Kevlyn Pumps. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY 

We reserve the right to make changes to our site, policies, Service Terms, and  these Terms & Conditions of Use at any time. If any of these conditions shall  be deemed invalid, void, or for any reason unenforceable, that condition shall  be deemed severable and shall not affect the validity and enforceability of any  remaining condition. 

OUR ADDRESS 

Kevlyn Pumps, LLC 

PO Box 338 

Paoli, Pennsylvania 19301 

https://www.KevlynPumps.com 

FORCE MAJEURE 

Kevlyn Pumps will exercise every commercially reasonable effort to meet  any quoted or agreed upon shipment or delivery date or dates. Kevlyn Pumps  shall not, however, be liable for any loss or damage, including consequential  damages, due to delays or failure to ship resulting from any cause beyond  its reasonable control, such as, but not limited to, acts of God, acts of civil or  military authority, judicial action, defaults of subcontractors or vendors, labor  disputes, failure or delays in transportation, embargoes, wars or riots, or the  inability of carriers to make scheduled deliveries. 

ADDITIONAL SOFTWARE TERMS 

The following terms (“Software Terms”) apply to any software (including  any applications and updates or upgrades to the software) and any related  documentation we make available to you in connection with Kevlyn Pumps  Services (the “Services Software”). 

USE OF SERVICES SOFTWARE 

You may use Services Software solely for purposes of enabling you to use  the Kevlyn Pumps Services as provided by Kevlyn Pumps, and as permitted  by these Terms & Conditions of Use and any Service Terms. You may not  incorporate any portion of the Services Software into other programs or  compile any portion of it in combination with other programs, or otherwise  copy (except to exercise rights granted in this section), modify, create  derivative works of, distribute, assign any rights to, or license the Services  Software in whole or in part. All software used in the Services Software is the  property of Kevlyn Pumps or its software suppliers and is protected by United  States and international copyright laws. 

USE OF THIRD-PARTY SERVICES 

When you use the Services Software, you may also be using the services  of one or more third parties, such as a wireless carrier or a mobile software  provider. Your use of these third-party services may be subject to the separate  policies, terms of use, and fees of these third parties. 

NO REVERSE ENGINEERING 

You may not reverse engineer, decompile or disassemble, tamper with, or  bypass any security associated with the Services Software, whether in whole  or in part. 

UPDATES 

We may offer automatic or manual updates to the Services Software at any  time and without notice to you. 

GOVERNMENT END USERS 

If you are a U.S. Government end user, we are licensing the Services Software  to you as a “Commercial Item” as that term is defined in the U.S. Code of  Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to  the Services Software are the same as the rights we grant to all others under  these Terms & Conditions of Use. 

CONFLICTS 

In the event of any conflict between these Terms & Conditions of Use and  any other Kevlyn Pumps or third-party terms applicable to any portion of the  Services Software, such as open-source license terms, such other terms will  control as to that portion of the Services Software and to the extent of the  conflict. 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS 

Kevlyn Pumps accepts service of subpoenas or other legal process only  through Chipperson Law Group, 163 Madison Ave., Suite 220-40, Morristown,  NJ 07960. 

For any complaints sent to the above address, please note that providing  detailed and accurate information at the outset will facilitate efficient  processing of your request. That information will include, for example, e-mail  and/or credit card number used to make purchases for retail purchase  information; the name, e-mail, and physical address of a seller for seller  information; device serial number for Kevlyn Pumps devices; and IP address  and complete time stamps. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL  PROPERTY INFRINGEMENT 

If you believe that your intellectual property rights have been infringed, please  submit your complaint to Chipperson Law Group, 163 Madison Ave., Suite  220-40, Morristown, NJ 07960.

TERMS AND CONDITIONS OF USE FOR  DEVICE SITE Rev. 2021 

Welcome to Devices.KevlynPumps.com. Kevlyn Pumps, LLC and/or its  affiliates (“Kevlyn Pumps”) provide website features and other products and  services to you when you visit Devices.KevlynPumps.com or any other website  owned or operated by Kevlyn Pumps, use Kevlyn Pumps products or services,  use Kevlyn Pumps applications for mobile, or use software provided by Kevlyn  Pumps in connection with any of the foregoing (collectively, “Kevlyn Pumps  Services”). Kevlyn Pumps provides the Kevlyn Pumps Services subject to the  following conditions. 

By using Kevlyn Pumps Services, you agree to these conditions. Please  read them carefully. 

We offer a wide range of Kevlyn Pumps Services, and sometimes additional  terms may apply. When you use a Kevlyn Pumps Service (for example, Your  Profile, Kevlyn Pumps devices, or Kevlyn Pumps applications) you may also  be subject to the guidelines, terms and agreements applicable to that Kevlyn  

Pumps Service (“Service Terms”). If these Conditions of Use are inconsistent  with the Service Terms, those Service Terms will control. 

BETA TESTER 

If you participate in the Kevlyn Pumps Beta Tester Program, you will be subject  to a separate Beta Tester and Confidentiality Agreement. If these Conditions of  Use are inconsistent with the Beta Tester and Confidentiality Agreement, the  Beta Tester and Confidentiality Agreement will control. 

PRIVACY 

Please review our Privacy Notice, which also governs your use of Kevlyn  Pumps Services, to understand our practices. 

ELECTRONIC COMMUNICATIONS 

When you use Kevlyn Pumps Services, or send e-mails, text messages, and  other communications from your desktop or mobile device to us, you may be  communicating with us electronically. You consent to receive communications  from us electronically, such as e-mails, texts, mobile push notices, or notices  and messages on this site or through the other Kevlyn Pumps Services,  and you can retain copies of these communications for your records. 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. 

COPYRIGHTS 

All content included in or made available through any Kevlyn Pumps Service,  such as text, graphics, logos, button icons, images, audio clips, digital  downloads, data compilations, source code, and software is the property  of Kevlyn Pumps or its content suppliers (“Kevlyn Pumps Content”) and is  protected by United States and international copyright laws. The compilation  of all content included in or made available through any Kevlyn Pumps Service  is the exclusive property of Kevlyn Pumps and/or applicable third parties,  and it is protected by U.S. and international copyright laws. The copying,  redistribution, use or publication by the user of any Kevlyn Pumps Content is  strictly prohibited except as expressly allowed by other sections of this Terms  & Conditions of Use or the Service Terms. 

TRADEMARKS 

Kevlyn Pumps owns the following trademarks: U.S. Trademark Application  for “Kevlyn” with Serial No. 87684023 and U.S. Trademark Application for  the Kevlyn Pumps Logo with Serial No. 87709737. In addition, brand names,  images, videos, graphics, logos, page headers, button icons, scripts, and  service names included in or made available through any Kevlyn Pumps  Service are trademarks or trade dress of Kevlyn Pumps in the U.S. and other  countries. Kevlyn Pumps’ trademarks and trade dress may not be used in  connection with any product or service that is not owned or licensed by Kevlyn  Pumps in any manner that is likely to cause confusion among customers, or in  any manner that disparages or discredits Kevlyn Pumps. All other trademarks  not owned by Kevlyn Pumps that appear in any Kevlyn Pumps Service, if any,  are the property of their respective owners, who may or may not be affiliated  with, connected to, or sponsored by Kevlyn Pumps.


© Kevlyn™ Pumps, LLC. All Rights Reserved.  

PATENTS 

One or more patents or patent applications owned or licensed by Kevlyn  Pumps apply to the Kevlyn Pumps Services and to the features and services  accessible via the Kevlyn Pumps Services. Kevlyn Pumps’ inventions may not  be used in connection with any product or service that is not Kevlyn Pumps’  without the written permission of the invention/patent owner, or in any  manner that infringes any current or future patents and/or patent applications  owned or licensed by Kevlyn Pumps. 

LICENSE AND ACCESS 

Subject to your compliance with these Terms & Conditions of Use and any  Service Terms, and your payment of any applicable fees, Kevlyn Pumps or  its content providers grant you a limited, non-exclusive, non-transferable,  non-sublicensable license to access and make personal and non-commercial  

use of the Kevlyn Pumps Services. This license does not include any resale or  commercial use of any Kevlyn Pumps Service, or its contents; any collection  and use of any product listings, descriptions, or prices; any derivative use of  any Kevlyn Pumps Service or its contents; any downloading, copying, or other  use of account information for the benefit of any third party; or any use of data  mining, robots, or similar data gathering and extraction tools. All rights not  expressly granted to you in these Terms & Conditions of Use or any Service  Terms are reserved and retained by Kevlyn Pumps or its licensors, suppliers,  publishers, rights holders, or other content providers. No Kevlyn Pumps  Service, nor any part of any Kevlyn Pumps Service, may be reproduced,  duplicated, copied, sold, resold, visited, or otherwise exploited for any  commercial purpose without express written consent of Kevlyn Pumps. You  may not frame or utilize framing techniques to enclose any trademark, logo,  or other proprietary information (including images, text, page layout, or form)  of Kevlyn Pumps without express written consent. You may not use any Meta  tags or any other “hidden text” utilizing Kevlyn Pumps’ name or trademarks  without the express written consent of Kevlyn Pumps. You may not misuse  the Kevlyn Pumps Services. You may use the Kevlyn Pumps Services only as  permitted by law. The licenses granted by Kevlyn Pumps terminate if you do  not comply with these Terms & Conditions of Use or any Service Terms. 

YOUR ACCOUNT 

You may need your own account on Devices.KevlynPumps.com to use certain  Kevlyn Pumps Services, and you may be required to be logged in to the  account and have a valid payment method associated with it. If there is a  problem charging your selected payment method, we may charge any other  valid payment method associated with your account. You are responsible  for maintaining the confidentiality of your account and password and for  restricting access to your account, and you agree to accept responsibility for  all activities that occur under your account or password. Kevlyn Pumps does  not sell products for children, but it sells them to adults, who can purchase  with a credit card or other permitted payment method. If you are under 18,  you may use the Kevlyn Pumps Services only with involvement of a parent  or guardian. Kevlyn Pumps reserves the right to refuse service, terminate  accounts, terminate your rights to use Kevlyn Pumps Services, remove or edit  content, or cancel orders in its sole discretion. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content and  submit suggestions, ideas, comments, questions, or other information, if  Devices.KevlynPumps.com allows such postings now or at a future date, so  long as the content is not illegal, obscene, threatening, defamatory, invasive  of privacy, infringing of intellectual property rights (including publicity rights),  or otherwise injurious to third parties or objectionable, and does not consist  of or contain software viruses, political campaigning, commercial solicitation,  chain letters, mass mailings, or any form of “spam” or unsolicited commercial  electronic messages. You may not use a false e-mail address, impersonate  any person or entity, or otherwise mislead as to the origin of a credit card  or other content. Kevlyn Pumps reserves the right (but not the obligation) to  remove or edit such content but may not regularly review posted content. 

If you do post content or submit material, and unless we indicate otherwise,  you grant Kevlyn Pumps a nonexclusive, royalty-free, perpetual, irrevocable,  and fully sublicensable right to use, reproduce, modify, adapt, publish,  perform, translate, create derivative works from, distribute, and display such  content throughout the world in any media. You grant Kevlyn Pumps and 

10 

sublicensees the right to use the name that you submit in connection with  such content, if they choose. You represent and warrant that you own or  otherwise control all of the rights to the content that you post; that the content  is accurate; that use of the content you supply does not violate this policy and  will not cause injury to any person or entity; and that you will indemnify Kevlyn  Pumps for all claims resulting from content you supply. Kevlyn Pumps has  the right but not the obligation to monitor and edit or remove any activity or  content. Kevlyn Pumps takes no responsibility and assumes no liability for, nor  does it control, verify, support or endorse, any content posted by you or any  third party. 

INTELLECTUAL PROPERTY COMPLAINTS 

Kevlyn Pumps respects the intellectual property of others. If you believe that  your intellectual property rights are being infringed, please contact us at the  address below. 

APP ALERTS 

You may grant certain permissions to the Kevlyn Pumps Water Heater App for  your device to provide you with alerts. Most mobile devices provide you with  information about enabling and disabling these permissions. 

SANCTIONS AND EXPORT POLICY 

You may not use any Kevlyn Pumps Service if you are the subject of  U.S. sanctions or of sanctions consistent with U.S. law imposed by the  governments of the country where you are using Kevlyn Pumps Services. You  must comply with all U.S. or other export and re-export restrictions that may  apply to goods, software (including Kevlyn Pumps Services), technology, and  services. 

OTHER BUSINESSES 

Parties other than Kevlyn Pumps may operate stores, provide services or  software, or sell product lines through the Kevlyn Pumps Services. In addition,  we may provide links to the sites of affiliated companies and certain other  businesses. If you purchase any of the products or services offered by these  businesses or individuals, you are purchasing directly from those third parties,  not from Kevlyn Pumps. We are not responsible for examining or evaluating,  and we do not warrant, the offerings of any of these businesses or individuals  (including the content of their Web sites). Kevlyn Pumps does not assume any  responsibility or liability for the actions, product, and content of all these and  any other third parties. You should carefully review their privacy statements  and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE KEVLYN PUMPS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER  SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH  THE KEVLYN PUMPS SERVICES ARE PROVIDED BY KEVLYN PUMPS ON A GOOD  FAITH AND AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE  SPECIFIED IN WRITING, AND SUCH INFORMATION MAY BE INCORRECT, OUT OF  DATE, OR INACCURATE TO SOME EXTENT. KEVLYN PUMPS AND ALL ENTITIES  ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS,  DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES MAKES NO GUARANTEES,  CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR  IMPLIED, AS TO THE OPERATION OF THE KEVLYN PUMPS SERVICES, OR THE  INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE  AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE  MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES, UNLESS  OTHERWISE SPECIFIED IN WRITING INCLUDING, WITHOUT LIMITATION, ERROR  FREE ACCESSIBILITY TO DEVICESKEVLYNPUMPS.COM AND OTHER USE OF THE  DEVICES.KEVLYNPUMPS.COM WEBSITE. YOU EXPRESSLY AGREE THAT YOUR  USE OF THE KEVLYN PUMPS SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS AND ALL  ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS  OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES DISCLAIM  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE. KEVLYN PUMPS DOES NOT WARRANT THAT THE  KEVLYN PUMPS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS  (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED  ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS  SERVICES, KEVLYN PUMPS’S SERVERS OR ELECTRONIC COMMUNICATIONS

© Kevlyn™ Pumps, LLC. All Rights Reserved.  

SENT FROM KEVLYN PUMPS ARE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS  AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION,  ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT  BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY  KEVLYN PUMPS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,  PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES  INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY  KEVLYN PUMPS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,  INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE  SPECIFIED IN WRITING. 

DISPUTES 

Any dispute or claim relating in any way to your use of any Kevlyn Pumps  Service, or to any products or services sold or distributed by Kevlyn  Pumps or through Devices.KevlynPumps.com or any other Web site owned  or operated by Kevlyn Pumps will be resolved by binding arbitration,  rather than in court, except that you may assert claims in small claims court if  your claims qualify. The Federal Arbitration Act and federal arbitration law apply  to this agreement. 

There is no judge or jury in arbitration, and court review of an arbitration  award is limited. However, an arbitrator can award on an individual  basis the same damages and relief as a court (including injunctive and  declaratory relief or statutory damages) and must follow the terms of  these Terms & Conditions of Use as a court would. 

To begin an arbitration proceeding, you must send a letter requesting arbitration  and describing your claim to Kevlyn Pumps, LLC at the address below. The  arbitration shall be conducted by the American Arbitration Association (AAA)  under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org or by calling  1-800-778-7879. Payment of all filing, administration and arbitrator fees will be  governed by the AAA’s rules. You may choose to have the arbitration conducted  by telephone, based on written submissions, or in at another a mutually agreed  upon location within five (5) miles of Paoli, Pennsylvania. 

We each agree that any dispute resolution proceedings will be  conducted only on an individual basis and not in a class, consolidated or  representative action. If for any reason a claim proceeds in court rather than  in arbitration we each waive any right to a jury trial. We also both agree that  you or Kevlyn Pumps may bring suit in court to enjoin infringement or other  misuse of intellectual property rights. 

APPLICABLE LAW 

By using any Kevlyn Pumps Service, you agree that the Federal Arbitration Act,  applicable federal law, and the laws of the state of Pennsylvania, without regard  to principles of conflict of laws, will govern these Terms & Conditions of Use and  any dispute of any sort that might arise between you and Kevlyn Pumps. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY 

We reserve the right to make changes to our site, policies, Service Terms, and  these Terms & Conditions of Use at any time. If any of these conditions shall  be deemed invalid, void, or for any reason unenforceable, that condition shall  be deemed severable and shall not affect the validity and enforceability of any  remaining condition. 

OUR ADDRESS 

Kevlyn Pumps, LLC 

PO Box 338 

Paoli, Pennsylvania 19301 

https://www.KevlynPumps.com 

FORCE MAJEURE 

Kevlyn Pumps will exercise every commercially reasonable effort to meet  any quoted or agreed upon shipment or delivery date or dates. Kevlyn Pumps  shall not, however, be liable for any loss or damage, including consequential  damages, due to delays or failure to ship resulting from any cause beyond  its reasonable control, such as, but not limited to, acts of God, acts of civil or  military authority, judicial action, defaults of subcontractors or vendors, labor  disputes, failure or delays in transportation, embargoes, wars or riots, or the  inability of carriers to make scheduled deliveries. 

ADDITIONAL SOFTWARE TERMS 

The following terms (“Software Terms”) apply to any software (including  any applications and updates or upgrades to the software) and any related  documentation we make available to you in connection with Kevlyn Pumps  Services (the “Services Software”). 

USE OF SERVICES SOFTWARE 

You may use Services Software solely for purposes of enabling you to use  the Kevlyn Pumps Services as provided by Kevlyn Pumps, and as permitted  by these Terms & Conditions of Use and any Service Terms. You may not  incorporate any portion of the Services Software into other programs or  compile any portion of it in combination with other programs, or otherwise  copy (except to exercise rights granted in this section), modify, create  derivative works of, distribute, assign any rights to, or license the Services  Software in whole or in part. All software used in the Services Software is the  property of Kevlyn Pumps or its software suppliers and is protected by United  States and international copyright laws. 

USE OF THIRD-PARTY SERVICES 

When you use the Services Software, you may also be using the services  of one or more third parties, such as a wireless carrier or a mobile software  provider. Your use of these third-party services may be subject to the separate  policies, terms of use, and fees of these third parties. 

NO REVERSE ENGINEERING 

You may not reverse engineer, decompile or disassemble, tamper with, or  bypass any security associated with the Services Software, whether in whole  or in part. 

UPDATES 

We may offer automatic or manual updates to the Services Software at any  time and without notice to you. 

GOVERNMENT END USERS 

If you are a U.S. Government end user, we are licensing the Services Software  to you as a “Commercial Item” as that term is defined in the U.S. Code of  Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to  the Services Software are the same as the rights we grant to all others under  these Terms & Conditions of Use. 

CONFLICTS 

In the event of any conflict between these Terms & Conditions of Use and  any other Kevlyn Pumps or third-party terms applicable to any portion of the  Services Software, such as open-source license terms, such other terms will  control as to that portion of the Services Software and to the extent of the  conflict. 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS 

Kevlyn Pumps accepts service of subpoenas or other legal process only  through Chipperson Law Group, 163 Madison Ave., Suite 220-40, Morristown,  NJ 07960. 

For any complaints sent to the above address, please note that providing  detailed and accurate information at the outset will facilitate efficient  processing of your request. That information will include, for example, e-mail  and/or credit card number used to make purchases for retail purchase  information; the name, e-mail, and physical address of a seller for seller  information; device serial number for Kevlyn Pumps devices; and IP address  and complete time stamps. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL  PROPERTY INFRINGEMENT 

If you believe that your intellectual property rights have been infringed, please  submit your complaint to Chipperson Law Group, 163 Madison Ave., Suite  220-40, Morristown, NJ 07960.

By using Kevlyn Pumps Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Kevlyn Pumps Services, and sometimes additional terms may apply. When you use a Kevlyn Pumps Service (for example, Your Profile, Kevlyn Pumps devices, or Kevlyn Pumps applications) you may also be subject to the guidelines, terms and agreements applicable to that Kevlyn Pumps Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

BETA TESTER

If you participate in the Kevlyn Pumps Beta Tester Program, you will be subject to a separate Beta Tester and Confidentiality Agreement. If these Conditions of Use are inconsistent with the Beta Tester and Confidentiality Agreement, the Beta Tester and Confidentiality Agreement will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Kevlyn Pumps Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Kevlyn Pumps Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Kevlyn Pumps Services, and you can retain copies of these communications for your records. 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.

COPYRIGHTS

All content included in or made available through any Kevlyn Pumps Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, source code, and software is the property of Kevlyn Pumps or its content suppliers (“Kevlyn Pumps Content”) and is protected by United States and international copyright laws. The compilation of all content included in or made available through any Kevlyn Pumps Service is the exclusive property of Kevlyn Pumps and/or applicable third parties, and it is protected by U.S. and international copyright laws.  The copying, redistribution, use or publication by the user of any Kevlyn Pumps Content is strictly prohibited except as expressly allowed by other sections of this Terms & Conditions of Use or the Service Terms.

TRADEMARKS

Kevlyn Pumps owns the following trademarks:  U.S. Trademark Application for “Kevlyn” with Serial No. 87684023 and U.S. Trademark Application for the Kevlyn Pumps Logo with Serial No. 87709737.  In addition, brand names, images, videos, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kevlyn Pumps Service are trademarks or trade dress of Kevlyn Pumps in the U.S. and other countries. Kevlyn Pumps’s trademarks and trade dress may not be used in connection with any product or service that is not owned or licensed by Kevlyn Pumps in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kevlyn Pumps. All other trademarks not owned by Kevlyn Pumps that appear in any Kevlyn Pumps Service, if any, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kevlyn Pumps.

PATENTS

One or more patents or patent applications owned or licensed by Kevlyn Pumps apply to the Kevlyn Pumps Services and to the features and services accessible via the Kevlyn Pumps Services. Kevlyn Pumps’s inventions may not be used in connection with any product or service that is not Kevlyn Pumps’s without the written permission of the invention/patent owner, or in any manner that infringes any current or future patents and/or patent applications owned or licensed by Kevlyn Pumps.

LICENSE AND ACCESS

Subject to your compliance with these Terms & Conditions of Use and any Service Terms, and your payment of any applicable fees, Kevlyn Pumps or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kevlyn Pumps Services. This license does not include any resale or commercial use of any Kevlyn Pumps Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kevlyn Pumps Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions of Use or any Service Terms are reserved and retained by Kevlyn Pumps or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kevlyn Pumps Service, nor any part of any Kevlyn Pumps Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kevlyn Pumps. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kevlyn Pumps without express written consent. You may not use any meta tags or any other “hidden text” utilizing Kevlyn Pumps’s name or trademarks without the express written consent of Kevlyn Pumps. You may not misuse the Kevlyn Pumps Services. You may use the Kevlyn Pumps Services only as permitted by law. The licenses granted by Kevlyn Pumps terminate if you do not comply with these Terms & Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own account on Devices.KevlynPumps.com to use certain Kevlyn Pumps Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Kevlyn Pumps does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Kevlyn Pumps Services only with involvement of a parent or guardian. Kevlyn Pumps reserves the right to refuse service, terminate accounts, terminate your rights to use Kevlyn Pumps Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

You may post reviews, comments, photos, videos, and other content and submit suggestions, ideas, comments, questions, or other information, if Devices.KevlynPumps.com allows such postings now or at a future date, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Kevlyn Pumps reserves the right (but not the obligation) to remove or edit such content but may not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Kevlyn Pumps a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kevlyn Pumps and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kevlyn Pumps for all claims resulting from content you supply. Kevlyn Pumps has the right but not the obligation to monitor and edit or remove any activity or content. Kevlyn Pumps takes no responsibility and assumes no liability for, nor does it control, verify, support or endorse, any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Kevlyn Pumps respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at the address below.

APP ALERTS

You may grant certain permissions to the Kevlyn Pumps Water Heater App for your device to provide you with alerts. Most mobile devices provide you with information about enabling and disabling these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Kevlyn Pumps Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Kevlyn Pumps Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Kevlyn Pumps Services), technology, and services.

OTHER BUSINESSES

Parties other than Kevlyn Pumps may operate stores, provide services or software, or sell product lines through the Kevlyn Pumps Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Kevlyn Pumps. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Kevlyn Pumps does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE KEVLYN PUMPS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES ARE PROVIDED BY KEVLYN PUMPS ON A GOOD FAITH AND AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, AND SUCH INFORMATION MAY BE INCORRECT, OUT OF DATE, OR INACCURATE TO SOME EXTENT. KEVLYN PUMPS AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES MAKES NO GUARANTEES, CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KEVLYN PUMPS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING INCLUDING, WITHOUT LIMITATION, ERROR FREE ACCESSIBILITY TO DEVICESKEVLYNPUMPS.COM AND OTHER USE OF THE DEVICES.KEVLYNPUMPS.COM WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KEVLYN PUMPS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEVLYN PUMPS DOES NOT WARRANT THAT THE KEVLYN PUMPS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEVLYN PUMPS SERVICES, KEVLYN PUMPS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KEVLYN PUMPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEVLYN PUMPS AND ALL ENTITIES ASSOCIATED THEREWITH INCLUDING, WITHOUT LIMITATION, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KEVLYN PUMPS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KEVLYN PUMPS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Kevlyn Pumps Service, or to any products or services sold or distributed by Kevlyn Pumps or through Devices.KevlynPumps.com or any other Web site owned or operated by Kevlyn Pumps will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms & Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kevlyn Pumps, LLC at the address below. The arbitration shall be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in at another a mutually agreed upon location within five (5) miles of Paoli, Pennsylvania.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or Kevlyn Pumps may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Kevlyn Pumps Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between you and Kevlyn Pumps.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Terms & Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Kevlyn Pumps, LLC

PO Box 338

Paoli, Pennsylvania 19301

https://www.KevlynPumps.com

 

FORCE MAJEURE

Kevlyn Pumps will exercise every commercially reasonable effort to meet any quoted or agreed upon shipment or delivery date or dates. Kevlyn Pumps shall not, however, be liable for any loss or damage, including consequential damages, due to delays or failure to ship resulting from any cause beyond its reasonable control, such as, but not limited to, acts of God, acts of civil or military authority, judicial action, defaults of subcontractors or vendors, labor disputes, failure or delays in transportation, embargoes, wars or riots, or the inability of carriers to make scheduled deliveries. 

 

ADDITIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any applications and updates or upgrades to the software) and any related documentation we make available to you in connection with Kevlyn Pumps Services (the “Services Software”). 

  1. Use of Services Software. You may use Services Software solely for purposes of enabling you to use the Kevlyn Pumps Services as provided by Kevlyn Pumps, and as permitted by these Terms & Conditions of Use and any Service Terms. You may not incorporate any portion of the Services Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Services Software in whole or in part. All software used in the Services Software is the property of Kevlyn Pumps or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third-Party Services. When you use the Services Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Services Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Services Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the Services Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Services Software are the same as the rights we grant to all others under these Terms & Conditions of Use.
  6. Conflicts. In the event of any conflict between these Terms & Conditions of Use and any other Kevlyn Pumps or third-party terms applicable to any portion of the Services Software, such as open-source license terms, such other terms will control as to that portion of the Services Software and to the extent of the conflict.

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Kevlyn Pumps accepts service of subpoenas or other legal process only through Chipperson Law Group, 163 Madison Ave., Suite 220-40, Morristown, NJ 07960. 

For any complaints sent to the above address, please note that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Kevlyn Pumps devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint to Chipperson Law Group, 163 Madison Ave., Suite 220-40, Morristown, NJ 07960.