LEGAL

Terms and Conditions

These Terms govern access to and use of the Fusion44X website, related content and services, and purchases or installation transactions to which these Terms apply.

Effective Date

September 1, 2024

Legal Entity

Fusion 44X LLC

1. Legal Agreement

These Terms and Conditions ("Terms") govern your access to and use of Fusion44X.com, related website content and services, and any purchase, quote, order or installation transaction to which these Terms are expressly made applicable. The website is operated by Fusion 44X LLC ("Fusion44X," "Company," "we," "us," or "our").

By using the website or entering into a transaction governed by these Terms, you agree to be legally bound by them. If you do not agree, do not use the website or proceed with the applicable transaction.

You represent that you are at least 18 years old, legally capable of entering a binding contract, will comply with applicable laws, and will provide accurate and current information.

2. Website Use

You may use the website only for lawful purposes. You may not interfere with site operation, attempt unauthorized access, submit false or misleading information, scrape or reproduce protected content without permission, or use the website in a manner that violates applicable law or third-party rights.

3. Product Information and Use

Fusion44X is a patented chlorine-free pool water management system designed for compatible residential inground pools. It is designed to operate without routine chlorine use and does not use a salt chlorine generator to create chlorine.

Chlorine-free does not mean chemical-free or maintenance-free. Water testing, proper water balance, circulation, filtration, physical cleaning and appropriate corrective adjustments remain part of pool ownership.

Product descriptions, illustrations, comparisons and educational content are general in nature. They do not guarantee that Fusion44X is compatible with every pool or that every installation will have identical requirements or results.

4. No Professional Advice

Website content is provided for general informational purposes and is not medical, legal, engineering or other professional advice. Pool-specific decisions should be based on professional evaluation and approved Fusion44X technical documentation.

5. Purchase and Quote Terms

Unless otherwise stated, prices are in U.S. dollars. Payment is due in full at the time of purchase unless otherwise stated in a written quote or agreement. Fusion44X does not require a deposit for the product.

Quotes are valid for 30 days unless a different validity period is stated in writing.

Applicable sales taxes and similar charges will be collected where required by law. Standard retail shipping terms are described on the applicable product or checkout page.

Installation labor and related project charges are separate unless expressly included in a written quote or installation agreement.

Fusion44X may correct pricing or content errors, change product availability or specifications, and decline or cancel an order when permitted by law.

The Fusion44X Single Pool System is $4,890, the Fusion44X Large Pool System is $7,690, the Spa Fusion44X System is $2,890, and the replacement probe is $399. Final product selection depends on pool or spa volume and operating conditions.

6. Shipping, Returns and Refunds

Shipping, returns, refunds, exchanges and replacement rights are governed by the current Refund Policy and any applicable written order or installation agreement.

Eligible retail purchases may qualify for a 30-day money-back guarantee subject to the conditions in the Refund Policy.

Installation labor, plumbing work, travel, service calls, permits, site work and other completed project-related services are generally non-refundable once incurred or performed, subject to applicable law and any written agreement.

7. Warranty

Fusion44X offers a lifetime parts warranty for eligible systems when all qualification requirements are satisfied. The warranty applies to covered Fusion44X parts only and does not cover installation labor, removal labor, service calls or other third-party costs.

Lifetime parts warranty eligibility requires installation by an authorized Fusion44X dealer, contact with Fusion44X or an authorized dealer for technical support during installation, submission of photographs of the completed installation and pool after startup, and ongoing compliance with the Owner’s Quick Reference Guide. If the equipment pad is below the pool’s waterline, technical support must be contacted before installation.

Warranty eligibility, exclusions and claims are subject to the applicable written warranty terms. Contact Fusion44X regarding probe warranty coverage.

8. Professional Evaluation and Installation

Fusion44X requires professional evaluation and installation suited to applicable pool conditions and current Fusion44X installation requirements.

Fusion44X permits installation by a purchaser, but recommends installation by an experienced pool professional. Authorized Fusion44X dealer installation is required to qualify for the lifetime parts warranty.

Compatibility depends on the actual pool, circulation and filtration equipment, plumbing, controls, project stage and other site-specific conditions.

Before installation, check that a compatible 110V electrical connection is available. Contact Fusion44X technical support before installation if the equipment pad is located below the pool waterline.

Failure to comply with installation and operating requirements may affect warranty eligibility and performance.

9. Limitation of Liability

To the fullest extent permitted by law, Fusion44X will not be liable for indirect, incidental, special, punitive, exemplary or consequential damages arising out of or relating to the website, product, services, installation or these Terms.

To the fullest extent permitted by law, Fusion44X's total aggregate liability arising out of or relating to the applicable purchase will not exceed the amount actually paid to Fusion44X for the product giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

10. Indemnification

You agree to indemnify and hold Fusion44X harmless from third-party claims, losses, liabilities, damages and reasonable expenses arising out of your unlawful use of the website, misuse of the product, material breach of these Terms, or violation of applicable law or third-party rights.

11. Intellectual Property

Website content, including logos, videos, diagrams, brand names, product designs, marketing copy, photographs and technical descriptions, may be protected by U.S. and international intellectual property laws.

You may not copy, reproduce, distribute, reverse-engineer or commercially use protected Fusion44X content or intellectual property except with express permission or as otherwise permitted by law.

12. User Submissions

When you submit contact details, pool information, equipment photographs, messages or other materials, you represent that you have the right to provide them.

Fusion44X may use submitted information and equipment photos for project evaluation, customer support, troubleshooting, installation coordination, warranty administration and related business purposes.

Fusion44X will not use customer-submitted equipment photos for public marketing or advertising without separate permission or another lawful basis.

The handling of personal information is also subject to the Privacy Policy.

13. Third-Party Services

The website may use or link to third-party services, including forms, CRM tools, analytics providers, advertising platforms, communications providers, payment processors, shipping providers, scheduling tools or independent pool professionals.

Third-party services may maintain their own terms and privacy policies. Fusion44X is not responsible for the independent acts, omissions or policies of third parties except to the extent required by law or expressly agreed in writing.

14. Force Majeure

To the extent permitted by applicable law and contract, Fusion44X will not be responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including severe weather, natural disasters, supply chain disruptions, labor disputes, utility or communications failures, carrier delays, government actions, civil unrest or similar events.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Except where prohibited by law or where another written agreement provides otherwise, disputes arising out of or relating to these Terms, the website, the product or an applicable transaction will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable rules.

Arbitration will take place in Miami, Florida, unless the parties agree to another location or applicable law requires otherwise.

To the fullest extent permitted by law, you and Fusion44X waive the right to a jury trial for covered disputes and agree that covered disputes will be resolved only on an individual basis and not as part of a class, collective or representative action.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction where legally available, or from bringing a claim in small claims court where the claim qualifies.

16. Termination

Fusion44X may suspend or terminate website access where a user materially violates these Terms, misuses the website or engages in unlawful activity, subject to applicable law.

17. Severability

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

18. Entire Agreement

These Terms, together with the applicable Privacy Policy, Refund Policy, written warranty, quote, order document, installation agreement and any other contract expressly incorporated into the transaction, constitute the applicable agreement between you and Fusion44X concerning the matters they cover.

If a project-specific written agreement conflicts with these Terms, the project-specific agreement will control to the extent of the conflict for that transaction.

19. Changes to These Terms

Fusion44X may update these Terms from time to time.

When changes are made, the effective date on this page will be updated. If required by law, Fusion44X may provide additional notice of material changes by email, website notice or another reasonable method.

20. Contact Information

Questions about these Terms may be directed to:

Fusion 44X LLC

Email: [email protected]

Phone: (775) 600-5305

Fusion44X does not publish a physical mailing address on this page.

LEGAL QUESTIONS

Need Help Understanding These Terms?

Contact [email protected] or call (775) 600-5305 for questions about these Terms, an order, warranty support or the applicable policy for your transaction.

A different option for pool owners looking beyond the traditional chlorine routine.

Evidence & Claims Notice

Fusion44X distinguishes manufacturer information, patents, customer experiences, field observations, case studies, routine water-test results, independent laboratory testing and regulatory or certification information. A patent does not by itself establish product performance, and individual results should not be treated as universal.