ALWAYS READY WATER - TERMS OF SERVICE

www.alwaysreadywater.com

Effective Date: 18^th March 2026

These Terms of Service ("Terms") constitute a legally binding agreement between Always Ready Water, LLC ("Always Ready Water," "we," "us," or "our"), a company operating in the State of Utah, United States, and the individual or entity accessing this Website or purchasing products or services ("you," "your," or "Customer"). These Terms govern all access to and use of the website located at www.alwaysreadywater.com (the "Website"), as well as all purchases, transactions, inquiries, and interactions with Always Ready Water, whether conducted online, by telephone, by email, or in person.

Always Ready Water sells in-home potable water storage tank systems for emergency preparedness, related accessories, preparedness education resources, and product support services (collectively, "Products" and "Services"). These Terms apply in full to every such transaction and interaction. These Terms are in addition to, and do not supersede, any written agreements separately executed between you and Always Ready Water.

We reserve the right to modify these Terms at any time. Modifications become effective upon posting to the Website. Your continued use of the Website or submission of any order following the posting of modified Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

As used throughout these Terms, the following defined terms have the meanings set forth below:

 

·       "Company"  means Always Ready Water, LLC, its owners, officers, employees, agents, contractors, successors, and assigns.

·       "Customer"  means any individual, household, contractor, installer, reseller, or other legal entity that accesses the Website, places an Order, or receives Products or Services from the Company.

·       "Website"  means www.alwaysreadywater.com and all subdomains, pages, and digital content associated therewith.

·       "Products"  means all in-home potable water storage tank systems, tanks, fittings, valves, accessories, replacement parts, and related physical goods sold or offered for sale by the Company.

·       "Services"  means preparedness education, product support, consultation, installation referrals, and any non-physical offerings provided by the Company.

·       "Order"  means any purchase order, request, transaction, or confirmed purchase of Products or Services submitted by a Customer to the Company.

·       "Manufacturer Warranty"  means the five-year limited warranty issued directly by Flexcon Industries, Inc. with respect to certain tank Products, as further described in Section 12 of these Terms.

·       "Qualified Professional"  means a licensed plumber, contractor, or other appropriately credentialed tradesperson authorized under applicable federal, state, and local law to perform plumbing installation work in the jurisdiction where the Product is to be installed.

·       "Hazardous Condition"  means any physical state or circumstance involving corrosion, leakage, freezing, structural damage, excessive pressure, unauthorized alteration, or any other condition that may impair the safe operation of a water storage tank system.

 

Use of this Website and the ability to place Orders is available only to individuals who are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under applicable law. By using the Website or placing an Order, you represent and warrant that you meet this eligibility requirement.

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Always Ready Water immediately of any unauthorized use of your account. Always Ready Water is not liable for any loss or damage arising from your failure to maintain the security of your account information.

Always Ready Water reserves the right, in its sole discretion, to refuse service, cancel Orders, or terminate accounts, including accounts of Customers who the Company believes have provided false information, violated these Terms, or engaged in conduct harmful to the Company, other Customers, or third parties.

Always Ready Water sells in-home potable water storage tank systems designed for emergency preparedness use in residential settings within the United States, with primary operations serving Utah and surrounding regional markets. All Products are intended solely for use with potable (drinking) water systems in residential applications, in accordance with the applicable manufacturer installation and operation manual.

Product descriptions, photographs, specifications, and compatibility information provided on the Website are for general informational purposes only and are subject to change without notice. Always Ready Water makes reasonable efforts to present accurate product information but does not warrant that product descriptions are complete, current, error-free, or fit for any particular purpose.

Certain Products — including tanks manufactured by Flexcon Industries — are subject to specific installation, operation, and maintenance requirements that are critical to safe use. You acknowledge and agree that:

•     All Products must be installed by a Qualified Professional in compliance with all applicable federal, state, and local plumbing and electrical codes.

•     Products are designed exclusively for potable water systems and must not be used for any other purpose.

•     Tank Products must be installed in a vertical position, in a location that is not subject to freezing, and in a location where water leakage will not cause property damage, with adequate drainage available.

•     A properly sized pressure relief valve set at a maximum of one hundred (100) pounds per square inch (psi) must be installed in the system in which any tank Product is used.

•     The maximum allowable pre-charge pressure for applicable expansion tanks is eighty (80) psi. Pre-charge adjustments must be made prior to installation and only at ambient temperature, with zero (0) psi on the system.

•     Depending on the tank model, the manufacturer recommends or requires periodic inspection by a Qualified Professional for signs of corrosion, leakage, or diminished integrity. Any tank showing such signs must be replaced immediately. Please refer to the applicable Manufacturer Manual for inspection requirements specific to your Product.

•     Always Ready Water does not guarantee uninterrupted water access in any emergency scenario. Emergency preparedness products are designed to improve readiness but are subject to factors beyond the Company's control.

 

Prior to placing an Order, it is your sole responsibility to assess whether a Product is suitable for your specific application. This includes, without limitation:

•     Evaluating available space and physical dimensions at the intended installation location.

•     Confirming compatibility with existing plumbing configuration, pipe diameter, connection type, and system pressure.

•     Verifying compliance with all applicable local and municipal codes, ordinances, building permits, and inspection requirements.

•     Conducting or commissioning a water quality test to identify corrosive water conditions, acids, or other contaminants that may affect tank performance or lifespan, and treating such conditions appropriately prior to installation.

•     Ensuring proper grounding of system piping to earth, and determining whether a dielectric union is required in your system (applicable to certain tank models, including In-Well tanks, depending on pipe material and local code requirements).

•     Consulting with a Qualified Professional before purchasing, if you have any doubt as to the suitability of a Product for your application.

Always Ready Water may, at its option, offer pre-purchase consultation as a courtesy. Any such consultation is informational only and does not constitute a professional assessment, engineering opinion, or warranty of suitability. The Company assumes no liability for purchases made based on Customer self-assessment or informal pre-sale communications.

All prices displayed on the Website are in United States Dollars and are subject to change at any time without prior notice. The price applicable to your Order is the price displayed at the time your Order is confirmed and payment is authorized. Always Ready Water reserves the right to correct pricing errors at any time, including after Order confirmation.

Payment in full is due at the time of purchase unless otherwise expressly agreed in writing by an authorized representative of Always Ready Water. Orders will not be processed, fulfilled, or shipped until payment authorization has been successfully received. Always Ready Water accepts payment methods as displayed at checkout, and reserves the right to modify accepted payment methods at any time.

Applicable sales taxes, use taxes, or other governmental charges will be calculated and added to your Order total where required by law. You are responsible for any taxes applicable to your purchase that Always Ready Water is not required to collect. In the event of a pricing error, Always Ready Water will notify you as promptly as practicable and provide you with the option to confirm your Order at the corrected price or cancel your Order and receive a full refund of any amount paid.

Always Ready Water reserves the right to refuse or cancel any Order at any time for any reason, including but not limited to suspicion of fraud, inability to verify payment, product unavailability, or pricing error. If an Order is canceled by the Company after payment has been received, you will receive a full refund to your original payment method within a commercially reasonable time.

Always Ready Water ships Products exclusively within the continental United States. Delivery is not available to P.O. boxes, freight forwarding addresses, or locations outside the United States. Primary service is available in Utah and surrounding regional markets; deliveries to other states are subject to inventory availability, freight scheduling, and service area limitations as determined by the Company.

Shipping and freight charges are calculated based on Order size, weight, destination, and applicable freight rates, and are quoted at or before checkout. All shipping and freight charges are the responsibility of the Customer and will be itemized on your Order confirmation. Always Ready Water does not offer free shipping or freight.

Delivery timelines provided at the time of purchase are estimates only and are not guaranteed. Delays may occur due to carrier issues, weather, inventory constraints, or other factors beyond the Company's control. Always Ready Water is not liable for any delay in delivery or for any loss or damage arising from delivery delays.

Risk of loss and title to Products pass to you upon tender of delivery to the common carrier or freight provider at the Company's shipping facility. Once Products have been tendered to the carrier, Always Ready Water has no responsibility for loss, damage, theft, or delay in transit. You are encouraged to inspect all deliveries at the time of receipt and to note any visible damage on the carrier's delivery documentation before signing.

If a delivery is refused or returned due to Customer unavailability, incorrect address information, or Customer refusal (other than in accordance with the return procedure set forth in Section 9), outbound and return shipping costs will be deducted from any applicable refund.

Orders may be canceled at no charge provided that the cancellation request is received by Always Ready Water before shipment, freight booking, or fulfillment has commenced. To request a cancellation, you must contact Always Ready Water directly via the contact information provided on the Website, clearly identifying your Order number and the reason for cancellation.

Once a shipment has been booked with a freight carrier, a special order has been initiated, or fulfillment has otherwise commenced, cancellation may no longer be available or may be subject to cancellation fees sufficient to recover freight booking charges, restocking costs, and other costs already incurred by the Company. The Company will advise you of any applicable fees before confirming a cancellation in such circumstances.

Custom-configured Products, special-order items, and Products that have already been installed, assembled, or modified at your request are non-cancelable and non-returnable after Order confirmation, except as expressly required by applicable law.

Always Ready Water reserves the right to cancel any Order at its discretion, as further described in Section 6.

All returns are subject to Always Ready Water's written Return and Refund Policy, which is incorporated herein by reference and available on the Website. In the event of any conflict between these Terms and the Return and Refund Policy, the Return and Refund Policy shall govern with respect to the specific subject matter of returns and refunds.

To initiate a return, you must contact Always Ready Water within the return window specified in the Return and Refund Policy to obtain a Return Merchandise Authorization ("RMA") number. Products returned without a valid RMA number will not be accepted and will not be eligible for a refund.

Eligible returns must be in new, unused, uninstalled condition, in original packaging, with all components, documentation, and accessories included. Products that have been installed, used, exposed to water, altered, or damaged after delivery will not be accepted for return. The cost of return shipping is the Customer's responsibility unless the return is due to a confirmed error by Always Ready Water.

Restocking fees may apply to eligible returns as specified in the Return and Refund Policy. Refunds, where approved, will be issued to the original payment method within a commercially reasonable time following inspection and acceptance of the returned Product. Always Ready Water will not issue refunds for labor, installation, ancillary costs, or consequential losses associated with a returned Product.

Nothing in this Section limits any right you may have under applicable law that cannot be waived by contract.

Proper installation is critical to the safe and effective operation of water storage tank Products. You expressly acknowledge and agree to the following installation obligations:

•     All tank Products must be installed by a Qualified Professional in accordance with the manufacturer's installation, warnings, and operation instructions manual ("Manufacturer Manual"), all applicable federal, state, and local plumbing and electrical codes, and any applicable building permit requirements.

•     Always Ready Water does not perform installation services. Any referral to or recommendation of a third-party installer is provided as a convenience only and does not constitute an endorsement, guarantee, or warranty of that installer's work. Always Ready Water is not a party to any agreement between you and a third-party installer and bears no liability for the work performed by any such installer.

•     Installation in a manner inconsistent with the Manufacturer Manual, applicable codes, or these Terms will void any applicable Manufacturer Warranty and may void any protections otherwise available to you under these Terms.

•     Always Ready Water assumes no liability for personal injury, property damage, or any other loss resulting from improper installation, use of an unqualified installer, or failure to comply with applicable codes.

California Proposition 65 Notice: Certain Products sold by Always Ready Water contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. California customers should refer to the Manufacturer Manual and the Company's website for further information.

Emergency preparedness products require ongoing care to remain safe and effective. You acknowledge and agree that:

•     Each tank Product and the entire water system in which it is installed should be inspected periodically by a Qualified Professional. Both the Flexcon In-Well and Composite Well Tank manuals recommend annual inspection as a best practice. Customers should refer to the applicable Manufacturer Manual for the specific inspection schedule and requirements for their Product.

•     Inspection should include a visual examination of the tank exterior and all connections to the system piping for any signs of water leakage, corrosion, rust, or structural deterioration.

•     If any sign of leakage, corrosion, rusting, or diminished structural integrity is observed, the tank must be replaced immediately. Under no circumstances should tank air pressure be adjusted on a tank that shows any visible sign of corrosion.

•     Tanks must not be subjected to pressures exceeding the maximum allowable pre-charge pressure specified in the Manufacturer Manual. Any pre-charge adjustment must be performed as prescribed in the Manufacturer Manual, with the system fully depressurized before adjustment is made.

•     Tanks must be kept free from freezing conditions at all times. Exposure to freezing temperatures may cause catastrophic failure and will void the Manufacturer Warranty.

•     Always Ready Water's instructions and the Manufacturer Manual may be updated periodically. It is your responsibility to review the most current instructions available at www.flexconind.com and on the Company's Website.

•     Tanks must be protected from vacuum exposure at all times. If the possibility of vacuum exists in the system, a properly sized vacuum breaker valve must be installed. Failure to install a vacuum breaker where required will void the Manufacturer Warranty.

Failure to adhere to required maintenance and inspection protocols may result in serious injury, death, property damage, and voiding of any applicable warranty. Always Ready Water bears no liability for injury or damage resulting from a Customer's failure to maintain, inspect, or properly operate Products in accordance with the Manufacturer Manual and these Terms.

Certain tank Products sold by Always Ready Water are manufactured by Flexcon Industries, Inc. ("Flexcon") and may include a five-year limited manufacturer warranty issued directly by Flexcon ("Manufacturer Warranty"). The Manufacturer Warranty is extended by Flexcon to the original purchaser and is non-transferable.

The Manufacturer Warranty is provided by Flexcon, not by Always Ready Water. Always Ready Water makes no representations and assumes no obligations with respect to the Manufacturer Warranty. Coverage, exclusions, claim procedures, and limitations are governed entirely by Flexcon's published warranty terms, which are available on the Manufacturer Manual and at www.flexconind.com.

By way of summary only (and not as a substitute for reviewing the full Flexcon warranty document), the Manufacturer Warranty generally:

•     Covers defects in materials and workmanship for five (5) years from the date of manufacture, subject to timely notification.

•     Does not cover improper installation, misuse, abuse, negligent handling, unauthorized alteration or repair, damage caused by lightning, flood, fire, or freezing.

•     Does not cover labor costs, shipping charges, service charges, or any incidental, indirect, or consequential damages.

•     Requires notification to the authorized Flexcon distributor or dealer within thirty (30) days of the event giving rise to the claim, and submission of the formal warranty claim within sixty (60) days.

•     Does not apply to Products used outside the United States, its territories or possessions, or Canada.

•     Does not cover stripped or damaged threads.

•     Does not cover vacuum failures. A properly sized vacuum breaker valve must be installed wherever the possibility of vacuum exists in the system; failure to do so will void the Manufacturer Warranty.

To make a Manufacturer Warranty claim, contact the authorized Flexcon distributor or dealer from whom you purchased, or contact Flexcon Industries directly at 1-781-986-2424 or at Flexcon Industries, Warranty Claim Dept., P.O. Box 782, Randolph, MA 02368. Always Ready Water may, at its option, assist you in facilitating a warranty claim but is not obligated to do so and assumes no liability for Flexcon's response or determination.

ALWAYS READY WATER EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS MANUFACTURED BY THIRD PARTIES, INCLUDING FLEXCON. ALWAYS READY WATER'S ROLE IS SOLELY THAT OF A RESELLER.

The Manufacturer Warranty does not expressly condition coverage on installation by a licensed professional; however, installation in violation of applicable codes or the Manufacturer Manual may independently void coverage. Always Ready Water's requirement for Qualified Professional installation under Sections 4 and 10 of these Terms is an independent contractual obligation of the Customer

With respect to Products that Always Ready Water itself manufactures or assembles (if any), Always Ready Water provides a limited warranty against defects in materials and workmanship for a period expressly stated at the time of sale. This warranty is non-transferable, applies only to the original purchaser, and is subject to the exclusions, limitations, and claim procedures described herein.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR IN A SEPARATE WRITTEN WARRANTY DOCUMENT, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ALWAYS READY WATER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Always Ready Water does not warrant that Products will meet your specific preparedness needs, that water storage will be maintained in every emergency scenario, or that Products will be free from all defects after installation. The performance and lifespan of Products may be significantly affected by water quality, installation quality, maintenance practices, and environmental conditions that are outside the Company's control.

Water quality can significantly affect the performance, integrity, and longevity of tank Products. Before installing any Product, you are strongly advised to conduct a professional water quality test specifically designed to identify corrosive water conditions, acids, elevated mineral content, hydrogen sulfide, and other contaminants that may accelerate corrosion or otherwise impair tank function.

If your water supply exhibits corrosive characteristics, acidic pH, or any other aggressive conditions, appropriate water treatment must be implemented before the Product is placed into service. Always Ready Water is not responsible for tank failure, reduced product lifespan, or property damage resulting from aggressive water conditions that were present at the time of installation or that develop during the Product's service life.

System piping must be properly grounded to earth in accordance with applicable codes. For certain tank models (including In-Well tanks), a dielectric union may be required depending on pipe material and local code requirements. Failure to address these requirements may void applicable warranties and create safety risks for which Always Ready Water bears no liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALWAYS READY WATER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, ANY PRODUCT, OR ANY SERVICE — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY — SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ALWAYS READY WATER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL ALWAYS READY WATER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, MOLD, WATER DAMAGE TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY, DEATH, OR BUSINESS INTERRUPTION, EVEN IF ALWAYS READY WATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

The limitations set forth in this Section shall apply regardless of whether damages are sought for breach of warranty, breach of contract, negligence, strict liability, products liability, or any other cause of action. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in such jurisdictions, the above limitations shall apply to the maximum extent permitted by applicable law.

Always Ready Water shall not be liable for any loss or damage arising from your reliance on Product information, preparedness guidance, or installation referrals provided on the Website or in any pre-sale communication, to the extent that such reliance was not reasonable under the circumstances.

You agree to defend, indemnify, and hold harmless Always Ready Water, its members, managers, officers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, demands, damages, judgments, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

•     Your breach of any provision of these Terms;

•     Your use or misuse of any Product or Service;

•     Improper installation, maintenance, inspection, or operation of any Product by you or any person acting on your behalf, including any third-party installer;

•     Your failure to comply with applicable federal, state, or local laws, codes, regulations, or ordinances in connection with the purchase, installation, or use of any Product;

•     Any claim by a third party arising from your use of a Product, including claims for personal injury, death, or property damage;

•     Your violation of any third party's rights, including intellectual property rights;

•     Any negligent or intentional act or omission by you or any party acting on your behalf.

Always Ready Water reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with the Company in asserting any available defenses.

All content on the Website, including but not limited to text, graphics, logos, product images, descriptions, educational materials, data, software, trademarks, trade names, and service marks (collectively, "Intellectual Property"), is owned by or licensed to Always Ready Water and is protected by applicable United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for the purpose of reviewing product information and placing Orders in accordance with these Terms. This license does not permit you to: reproduce, distribute, publicly display, create derivative works from, or commercially exploit any Intellectual Property without prior written authorization from Always Ready Water.

Product-related content, installation guides, and preparedness materials provided by third-party manufacturers, including Flexcon Industries, remain the intellectual property of those respective manufacturers. Always Ready Water provides such materials solely for the benefit of its Customers and does not claim ownership thereof.

Always Ready Water collects, uses, and stores personal information in accordance with its Privacy Policy, which is incorporated herein by reference and available on the Website. By using the Website or placing an Order, you consent to the collection and use of your information as described in the Privacy Policy.

Always Ready Water collects personal information including but not limited to your name, address, telephone number, email address, payment information, and transaction history for purposes of processing Orders, managing your account, providing customer support, and complying with legal obligations. Always Ready Water does not sell your personal information to third parties for their independent marketing purposes.

The Website may use cookies and similar tracking technologies. You may configure your browser to refuse cookies, but doing so may limit your ability to use certain features of the Website. By continuing to use the Website with cookies enabled, you consent to their use as described in the Privacy Policy.

If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to the Privacy Policy for further details.

The purchase, delivery, and installation of water storage and plumbing products is subject to a range of federal, state, and local regulatory requirements that vary by jurisdiction. Always Ready Water operates in compliance with applicable federal regulations, including those promulgated by the U.S. Environmental Protection Agency (EPA) with respect to potable water systems, and complies with applicable standards of the Water Systems Council and other recognized industry bodies.

It is your sole responsibility to determine and comply with all applicable local plumbing codes, building codes, inspection requirements, and permit requirements in your jurisdiction before installing or operating any Product. Always Ready Water makes no representation that any Product is approved for use in every jurisdiction and strongly encourages Customers to verify local code compliance before purchasing.

Products containing lead or other regulated substances may be subject to additional disclosure or compliance requirements under federal or state law, including the Safe Drinking Water Act. Always Ready Water represents that Products offered for sale on the Website meet applicable federal lead content standards for potable water contact at the time of sale, but makes no warranty as to compliance with state-specific standards that may be more stringent.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, any Order, or any Product or Service ("Dispute"), you agree to first contact Always Ready Water at the contact information provided on the Website and provide a written description of the Dispute, the relief sought, and your contact information. The parties agree to make good-faith efforts to resolve the Dispute informally within thirty (30) days of the notice of Dispute.

Binding Arbitration. If the Dispute is not resolved informally within thirty (30) days, either party may submit the Dispute to binding arbitration administered by a mutually agreed-upon arbitration provider in Salt Lake City, Utah, or by remote hearing, under the provider's then-current consumer arbitration rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST ALWAYS READY WATER. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a Dispute through arbitration. Nothing in this Section prevents Always Ready Water from seeking collection of amounts owed by you.

Opt-Out. You may opt out of the binding arbitration provision by sending written notice to Always Ready Water within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your name, address, and Order number (if applicable). If you opt out, disputes will be resolved in accordance with Section 21.

These Terms and any Disputes not subject to arbitration under Section 20 shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

For any Dispute not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Salt Lake County, Utah, and you waive any objection to the exercise of personal jurisdiction by such courts or to the venue of any such proceeding in such courts.

Nothing in this Section limits any non-waivable consumer protection rights available to you under applicable federal or state law.

Always Ready Water shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, fires, epidemics or pandemics, acts of government or regulatory authorities, war, terrorism, civil unrest, labor disputes, supply chain disruptions, freight carrier failures, power outages, cyber-attacks, or any other event that could not have been prevented by the exercise of reasonable diligence (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, Always Ready Water will use commercially reasonable efforts to notify you as promptly as practicable and to resume performance as soon as circumstances permit. If a Force Majeure Event continues for more than sixty (60) days and materially impairs Always Ready Water's ability to fulfill your Order, either party may cancel the affected Order upon written notice, and Always Ready Water will refund any amounts paid for unshipped Products within a commercially reasonable time.

Always Ready Water's Products are emergency preparedness tools designed to increase household water storage capacity and improve readiness in the event of disruption to municipal or well water supplies. However, no water storage system can guarantee uninterrupted water access in every conceivable emergency scenario. Always Ready Water expressly disclaims any representation or warranty that use of its Products will ensure access to safe drinking water during any specific emergency event.

Emergency preparedness is a shared responsibility. Customers are encouraged to complement water storage systems with comprehensive preparedness planning, including regular system testing, water quality monitoring, and adherence to guidance from federal, state, and local emergency management agencies. Always Ready Water's educational materials and preparedness resources are provided for general informational purposes only and do not constitute professional emergency management advice.

Always Ready Water is not liable for any personal injury, illness, property damage, or other loss arising from reliance on a Product as the sole means of emergency water access, or from the failure of any Product due to circumstances not covered by these Terms or the applicable Manufacturer Warranty.

Always Ready Water may from time to time publish educational or informational content , including videos, guides, or blog posts, that depicts or discusses the installation of tank Products. Such content is provided for general informational purposes only. It does not constitute professional installation advice, and does not modify, waive, or supersede the installation requirements set forth in these Terms or in the applicable Manufacturer Manual. Installation by anyone other than a Qualified Professional will void the Manufacturer Warranty issued by Flexcon Industries and may expose you to risks of personal injury or property damage for which Always Ready Water bears no liability. Always Ready Water expressly disclaims any responsibility for outcomes resulting from self-installation or installation by an unqualified individual, regardless of whether such installation was undertaken with reference to any content published by the Company.

Entire Agreement. These Terms, together with the Return and Refund Policy, the Privacy Policy, and any written Order confirmation or separately executed agreement, constitute the entire agreement between you and Always Ready Water with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

Waiver. No waiver by Always Ready Water of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision, nor shall any failure by Always Ready Water to assert a right or provision under these Terms constitute a waiver thereof.

Assignment. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Always Ready Water. Always Ready Water may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent and without notice.

Notices. Notices to Always Ready Water must be submitted in writing to the contact information provided on the Website. Always Ready Water may provide notices to you by email to the address associated with your account, by posting on the Website, or by any other reasonable means. Notices to you via email are deemed received upon transmission.

No Third-Party Beneficiaries. These Terms are entered into solely between you and Always Ready Water. No third party shall have any rights to enforce any provision of these Terms.

Electronic Communications. You consent to receive communications from Always Ready Water electronically. Always Ready Water may communicate with you by email or by posting notices on the Website. You agree that all communications, disclosures, and agreements provided to you electronically satisfy any requirement that such communications be in writing.

Headings. Section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

If you have any questions, concerns, or complaints regarding these Terms, any Order, any Product, or any Service, or if you wish to submit a formal notice under these Terms, please contact Always Ready Water using the following information:

 

Always Ready Water

Website:  www.alwaysreadywater.com

Email: support@alwaysreadywater.com

Mail: 58 W 1290 S, Midway, UT 84049

Operating State:  Utah, United States

 

For Manufacturer Warranty claims relating to Flexcon Products, please contact:

Flexcon Industries, Inc.

Warranty Claim Dept., P.O. Box 782, Randolph, MA 02368

Telephone:  1-781-986-2424

Website:  www.flexconind.com

 

© 2026 Always Ready Water. All rights reserved.