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LIMITED PRODUCT(S) WARRANTY
Product(s) (the “product” or the product(s))”: 1) Model OPD350 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 five (5) years 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.
a. This Warranty shall not apply and be deemed null and void if:
i. The product(s) has been improperly stored or installed;
ii. The product(s) has not been installed in accordance and in compliance with applicable plumbing and electrical codes;
iii. This Warranty has not been provided to the Customer by any installer, electrician, contractor, or otherwise;
iv. The product(s) has been modified, changed, altered, or improved;
v. 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;
vi. 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;
ix. 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);
x. Customer attempts to gain unauthorized access to the product(s);
xi. 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;
xv. Kevlyn is unable to reproduce the alleged defect; or
xvi. Notice of a defect is not provided to Kevlyn as required in this Warranty.
b. Notwithstanding the foregoing, the term of this Warranty shall be reduced to one (1) year if:
i. Customer refuses or otherwise fails to successfully test the product every six (6) months, through the use of the “Kevlyn Pumps” iPhoneÒ or AndroidÒ application, as applicable (the “Software”), as further described in the Documentation;
ii. Customer fails to comply with the maintenance requirements of any maintenance schedule recommended by the Documentation; or
iii. Customer refuses or otherwise fails to update the Software, through the Apple App StoreÒ or Google PlayÒ, as applicable, every thirty (30) days, as further described in the Documentation.
c. 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.
d. 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.
e. 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”.
f. 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.
2. 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.
3. 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, CONSEQUENTIAL, 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.
4. 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).
5. 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.
6. 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.
7. Product(s) Testing & Beta Product(s). Not Being Used
8. 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.
9. 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.
10. Survival. This Warranty will survive expiration, non-renewal or termination of the purchasing relationship between Customer and Kevlyn.
11. 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.
Kevlyn Pumps LLC
PO Box 338
Paoli, PA USA 19301
12. 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.
13. 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.
14. 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.
Created: May 6, 2019.
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.
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 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.
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.
- 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.
- 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
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, 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.
- 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.
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://kevlynpumps.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 kevlynpumps.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.
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.).
You can reach us at:
Kevlyn Pumps, LLC
PO Box 338
Paoli, Pennsylvania 19301
Effective: May 6, 2019.
Terms & Conditions of Use
Created: May 3, 2019
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.
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.
Please review our Privacy Notice, which also governs your use of Kevlyn Pumps Services, to understand our practices.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Kevlyn Pumps, LLC
PO Box 338
Paoli, Pennsylvania 19301
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.
- 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.