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TERMS OF USE

Aqua-Wise Solutions LLC

www.aqua-wise.com

Effective Date: June 1, 2025

1. Acceptance of Terms

By accessing or using the website located at www.aqua-wise.com (the "Site"), you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Site.

 

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Aqua-Wise Solutions LLC, a Florida limited liability company doing business as "Aqua-Wise" ("Company," "we," "us," or "our").

2. About Aqua-Wise

Aqua-Wise Solutions LLC is a licensed water treatment solutions provider headquartered in New Port Richey, Florida. We provide residential and commercial water treatment consultations, custom system design, installation, maintenance, subscription filter replacement services, and related products throughout the State of Florida.

 

The Site is a lead generation, quote request, and informational platform. No product purchases or financial transactions are completed directly through the Site. All service engagements are initiated through quote requests, phone calls, or in-person consultations.

3. Scope of Services & Geographic Coverage

Through the Site, Aqua-Wise offers the following:

  • Quote and consultation requests for water treatment systems

  • Custom-built water treatment system design and installation

  • Residential and commercial maintenance and service plans

  • Subscription-based filter replacement programs

  • Dealer and referral partner applications

  • Educational blog content and water quality resources

 

Field services are available throughout the State of Florida. Aqua-Wise does not guarantee service availability in all areas. Specific service territory coverage will be confirmed at the time of your consultation.

4. Informational Purpose of Site Content

All content published on the Site, including but not limited to water quality guides, product descriptions, comparison charts, installation recommendations, and blog articles, is provided for general informational purposes only.

 

  • Website content does not constitute professional engineering, medical, or regulatory advice.

  • Water treatment recommendations are not a substitute for certified laboratory water analysis.

  • Information about contaminant reduction is based on general product capabilities and does not guarantee removal of any specific contaminant from your water supply unless expressly stated in a written service agreement.

  • Water quality test results and system performance may vary based on source water conditions, usage, maintenance, and local utility changes.

  • Some content on the Site may be generated or assisted by artificial intelligence tools. All AI-assisted content is reviewed for accuracy but may contain errors or omissions.

  • Aqua-Wise reserves the right to update, correct, or remove any Site content at any time without prior notice.

 

Nothing on this Site constitutes a medical claim. If you have health concerns related to your water supply, consult a licensed healthcare professional and contact your local health authority.

5. Quote Requests and Contact Forms

The Site allows users to submit quote requests and contact inquiries. By submitting a request, you represent that all information you provide is accurate and complete. Submission of a quote request does not create a binding contract and does not obligate either party to proceed with any transaction.

 

Aqua-Wise will make reasonable efforts to respond to inquiries within two business days. Response times are not guaranteed and may vary based on service volume, location, and availability.

6. Payments, Deposits, and Fees

6.1 Accepted Payment Methods

Aqua-Wise currently accepts the following forms of payment for services and products:

  • Credit and debit cards

  • ACH bank transfer

  • Zelle

  • Cash

  • Personal or business checks

  • Third-party financing (arranged offline - see Section 6.3)

6.2 Deposits

A non-refundable deposit may be required to secure a scheduled installation appointment, confirm a custom system order, or initiate a service contract. The deposit amount will be disclosed at the time of quote or agreement. Deposits are non-refundable unless Aqua-Wise cancels the engagement without cause.

6.3 Third-Party Financing

Aqua-Wise may refer customers to third-party financing partners for equipment financing. All financing arrangements are discussed and arranged offline during in-person or phone consultations and are not processed through the Site.

 

AQUA-WISE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY LENDER APPROVAL, INTEREST RATES, TERMS, OR CONDITIONS. FINANCING APPROVAL IS SOLELY AT THE DISCRETION OF THE THIRD-PARTY LENDER. Aqua-Wise Solutions LLC IS NOT A LENDER AND IS NOT RESPONSIBLE FOR THE TERMS OF ANY FINANCING AGREEMENT ENTERED INTO BETWEEN YOU AND A THIRD-PARTY FINANCIAL INSTITUTION.

6.4 Late Payments

Any outstanding balance not paid within thirty (30) days of the invoice date may be subject to a late payment fee of 1.5% per month (18% annually) or the maximum amount permitted under Florida law, whichever is less. Aqua-Wise reserves the right to suspend service until all outstanding balances are paid in full.

6.5 Chargebacks

You agree not to initiate a chargeback or payment reversal for any service legitimately rendered by Aqua-Wise. If you believe a charge is in error, you must contact Aqua-Wise directly at 727-301-2832 or info@aqua-wise.com before initiating any chargeback. Unauthorized chargebacks may result in suspension of services, recovery of costs, and referral to collections.

7. Installation Services and Liability Limitations

7.1 Independent Contractors

Installation and field services may be performed by Aqua-Wise employees or by licensed independent contractors (1099 subcontractors). Aqua-Wise coordinates and supervises all work performed under its name but is not the employer of record for independent contractors.

7.2 Pre-Existing Conditions

Aqua-Wise is not responsible for damage, failure, or adverse outcomes resulting from pre-existing conditions at your property, including but not limited to:

  • Pre-existing plumbing defects, corrosion, leaks, or non-standard configurations

  • Pre-existing electrical deficiencies, undersized circuits, or non-code-compliant wiring

  • Pre-existing water contamination, pipe scale, or sediment buildup

  • Pressure fluctuations or low/high water pressure conditions not caused by installed equipment

  • Changes in well water quality, aquifer conditions, or water table levels

  • Changes in municipal water supply composition, treatment processes, or distribution infrastructure

 

You are responsible for disclosing any known plumbing, electrical, or water quality issues prior to installation. Failure to disclose known issues may void applicable warranties.

7.3 Permits and Code Compliance

Aqua-Wise will obtain required permits where applicable and will perform work in compliance with applicable Florida building and plumbing codes. You are responsible for ensuring site access and for notifying Aqua-Wise of any HOA restrictions, deed covenants, or local ordinances that may affect installation.

8. Warranties

8.1 Manufacturer Warranties

Water treatment equipment installed by Aqua-Wise may be covered by manufacturer or equipment warranties. These warranties are provided directly by the manufacturer and are passed through to the customer. Aqua-Wise will assist in facilitating warranty claims but is not the warrantor and is not responsible for manufacturer warranty decisions.

8.2 Satisfaction

Aqua-Wise stands behind its work and will make reasonable efforts to address customer satisfaction concerns. Any satisfaction-related claim must be reported to Aqua-Wise within thirty (30) days of service completion. Aqua-Wise reserves the sole discretion to determine the appropriate remedy, which may include re-service, adjustment, or credit.

8.3 No Water Quality Guarantee

AQUA-WISE DOES NOT GUARANTEE THE REMOVAL OF ANY SPECIFIC CONTAMINANT FROM YOUR WATER SUPPLY UNLESS SUCH A GUARANTEE IS EXPLICITLY PROVIDED IN A SIGNED WRITTEN SERVICE AGREEMENT. WATER QUALITY RESULTS MAY VARY BASED ON SOURCE WATER CONDITIONS, SYSTEM MAINTENANCE, USAGE PATTERNS, AND FACTORS OUTSIDE AQUA-WISE'S CONTROL.

8.4 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT, THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Returns, Cancellations, and Refunds

9.1 Installed and Opened Equipment

No returns will be accepted for water treatment equipment that has been installed, connected to plumbing, powered on, or otherwise put into use. By proceeding with installation, you acknowledge that the equipment is customized to your water conditions and property.

9.2 Custom Orders

Custom-built water treatment systems are configured specifically for your property and water conditions. Custom orders may not be cancelled once system assembly or procurement has commenced. The deposit paid on custom orders is non-refundable under all circumstances.

9.3 Shipping

Aqua-Wise is not liable for delays caused by carriers, weather, supply chain disruptions, or circumstances outside our direct control. Risk of loss passes to the customer upon carrier pickup. If a shipment is lost or damaged in transit, Aqua-Wise will assist in filing a claim with the carrier but does not guarantee replacement timelines.

10. SMS and Email Communications

10.1 Consent to Communicate

By submitting a quote request, contact form, or dealer application on the Site, you consent to receive communications from Aqua-Wise via email and SMS/text message, including:

  • Appointment confirmations and reminders

  • Service updates and follow-ups

  • Promotional offers, specials, and product announcements

  • Company news and educational content

10.2 SMS Terms

Message frequency varies. Standard message and data rates may apply. You may opt out of SMS communications at any time by replying STOP to any text message. For help, reply HELP or contact us at 727-301-2832. Opting out of marketing SMS will not affect transactional messages related to active service appointments.

10.3 Email Opt-Out

You may unsubscribe from marketing emails at any time using the unsubscribe link included in each email. Transactional emails related to active service agreements may continue regardless of marketing opt-out.

11. Data Collection and Privacy

Aqua-Wise collects the following categories of information through the Site and in connection with services:

  • Name, phone number, and email address

  • Home or service address

  • Water test results and water quality data

  • Payment information (processed through secure third-party payment processors)

  • Device information, IP address, cookies, and analytics data

 

Your information is used to deliver services, process requests, send communications, and improve the Site. We do not sell your personal information to third parties.

 

For complete details on how we collect, use, store, and protect your information, please review our Privacy Policy, available at www.aqua-wise.com/privacy. The Privacy Policy is incorporated into these Terms by reference.

12. Intellectual Property

12.1 Ownership

All content on the Site, including but not limited to text, product descriptions, photographs, graphics, logos, video, audio, and the overall design and compilation of the Site, is the property of Aqua-Wise Solutions LLC or its content licensors and is protected by United States and international copyright, trademark, and intellectual property laws.

12.2 Trademarks

The following names, marks, and brand identifiers are trademarks or pending trademarks of Aqua-Wise Solutions LLC or its affiliated entities (the "Marks"):

  • Aqua-Wise(TM)

  • AQUALIVIA(TM)

  • EVOSOFT(TM)

  • AquaProTec(TM)

  • ScaleProTec(TM)

 

Trademark registration applications are pending with the United States Patent and Trademark Office. All rights in the Marks are reserved. Unauthorized use of the Marks in connection with any product, service, or commercial activity is strictly prohibited.

12.3 Prohibited Conduct

Without prior written authorization from Aqua-Wise, you may not:

  • Copy, reproduce, or republish any product descriptions, articles, or marketing content from the Site

  • Use automated tools, bots, or scripts to scrape or harvest data from the Site

  • Download, copy, or redistribute any images, graphics, or photographs from the Site

  • Use any of the Marks in meta tags, advertising, or as a domain name

  • Frame or mirror the Site or any portion thereof on any other website or platform

 

Violations of these intellectual property provisions may result in civil and/or criminal liability under applicable law. Aqua-Wise actively monitors for unauthorized use of its content and brands.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Aqua-Wise Solutions LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, PROPERTY DAMAGE, OR PERSONAL INJURY.

 

AQUA-WISE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO AQUA-WISE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

 

AQUA-WISE IS NOT LIABLE FOR WATER DAMAGE, PROPERTY DAMAGE, OR CONSEQUENTIAL LOSSES RESULTING FROM: (A) EQUIPMENT FAILURE DUE TO IMPROPER MAINTENANCE BY THE CUSTOMER; (B) PRE-EXISTING PLUMBING OR STRUCTURAL DEFECTS; (C) UNAUTHORIZED MODIFICATIONS TO INSTALLED SYSTEMS; OR (D) ACTS OF NATURE OR CIRCUMSTANCES BEYOND AQUA-WISE'S REASONABLE CONTROL.

14. Force Majeure

Aqua-Wise shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, severe weather, floods, hurricanes, fire, pandemics, government actions, supply chain disruptions, labor shortages, utility outages, acts of war or terrorism, or any other event constituting force majeure.

 

In the event of a force majeure occurrence, Aqua-Wise will make reasonable efforts to notify affected customers and reschedule any delayed services as soon as practicable.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution First

Before initiating any formal dispute process, you agree to contact Aqua-Wise directly at info@aqua-wise.com or 727-301-2832 and provide a written description of your claim. Aqua-Wise will make a good-faith effort to resolve the dispute within thirty (30) days.

15.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR AQUA-WISE SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. ARBITRATION SHALL TAKE PLACE IN PASCO COUNTY, FLORIDA. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

15.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND.

15.4 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Pasco County, Florida.

16. Dealer and Partner Applications

The Site may allow prospective dealers or referral partners to submit applications. Submission of a dealer application does not create a partnership, agency, franchise, or joint venture relationship. Aqua-Wise reserves the right to accept or reject any application at its sole discretion.

17. Changes to These Terms

Aqua-Wise reserves the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised effective date. Your continued use of the Site after any modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

18. Entire Agreement and Severability

These Terms, together with the Privacy Policy and any written service agreement executed between you and Aqua-Wise, constitute the entire agreement between the parties with respect to the Site and services described herein and supersede all prior agreements, representations, and understandings.

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Contact Information

For questions, concerns, or legal notices, please contact:

 

Aqua-Wise Solutions LLC

New Port Richey, Florida

Phone: 727-236-7161

Email: info@aqua-wise.com

Website: www.aqua-wise.com

 

These Terms of Use were last reviewed and updated: June 1, 2025. This document is not a substitute for legal counsel. Aqua-Wise recommends periodic review with a licensed Florida attorney.

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