1. Acceptance of Terms

By accessing our website, purchasing products, or engaging our Services, you confirm that you are at least 18 years old (or have parental consent if under 18) and have the legal capacity to enter into these Terms. You agree to comply with these Terms and all applicable laws and regulations.

2. Changes to Terms

We may modify these Terms at any time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by posting the updated Terms on our website with a new “Last Updated” date. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

3. Use of the Services

a. Permitted Use

You may use our Services for personal or commercial purposes (e.g., requesting water testing or purchasing water filtration systems) in accordance with these Terms. You agree to:

Provide accurate and complete information when requesting services or entering into agreements.

Use the Services only for lawful purposes and in compliance with these Terms.

Maintain the security of any account credentials and notify us immediately of any unauthorized access.

b. Prohibited Use

You may not:

Use the Services to engage in illegal, fraudulent, or harmful activities.

Copy, modify, distribute, or reverse-engineer any part of our website or Services without permission.

Use automated tools (e.g., bots, scrapers) to access or collect data from our website.

Interfere with the functionality of our Services, including introducing viruses or malicious code.

Impersonate another person or entity or misrepresent your affiliation with NCWC.

4. Products and Services

a. Service Overview

NCWC provides free water testing and in-home consultations to recommend and install water filtration solutions, including reverse osmosis (RO) systems and water conditioners (water softener and carbon tank). Installations may be scheduled as early as the next day, subject to availability. All sales are conducted in-person, and our website does not facilitate online purchases.

b. Service Agreements

Services such as water testing, consultations, system installations, or maintenance are subject to separate agreements or contracts signed during the in-person sales process. These agreements will outline pricing, scope of work, installation details, and any warranties. You agree to provide accurate information about your water needs and property to ensure proper service delivery.

c. Right of Rescission

For in-person sales, you have a right to cancel your purchase within three (3) business days from the date of the signed agreement, as required by North Carolina law. To exercise this right, you must notify us in writing by emailing [email protected] or mailing a signed cancellation notice to 3631 Bastion Ln, Raleigh, NC 27604. If you cancel within this period, any payments made will be refunded to the original payment method, and any installed equipment will be removed at no cost to you. Water testing and consultations are provided free of charge and are not subject to refunds.

Products cannot be returned after the 3-business-day rescission period unless defective and covered by a warranty.

5. Payment Terms

You agree to pay all fees associated with your Services as outlined in the in-person sales agreement. Payments are processed through secure third-party payment processors or other methods agreed upon during the sale. We are not responsible for errors or delays caused by payment processors. Late payments for Services may incur additional fees or suspension of Services.

6. Intellectual Property

All content on our website, including text, images, logos, and software, is owned by NCWC or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute our content without prior written permission, except for personal, non-commercial use (e.g., viewing the website).

7. User-Generated Content

If you submit content to our website (e.g., reviews, testimonials, or feedback), you grant NCWC a non-exclusive, royalty-free, worldwide license to use, modify, and display that content for business purposes (e.g., marketing). You represent that your content is accurate, lawful, and does not infringe on third-party rights.

8. Third-Party Links and Services

Our website may contain links to third-party websites or services (e.g., payment processors or partners). We are not responsible for their content, practices, or availability. Your use of third-party services is subject to their terms and conditions.

9. Warranties and Disclaimers

Service Warranties: Services, including water testing, consultations, and installations, are warranted to be performed in a professional manner, subject to the terms of the service agreement.

Disclaimer: Except as expressly provided, our Services are provided “as is” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses. NCWC is not liable for determining the proper equipment to meet your water quality needs, as water characteristics vary.

10. Limitation of Liability

To the maximum extent permitted by law, NCWC and its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services, including loss of profits, data, or property damage. Our total liability for any claim will not exceed the amount you paid for the specific service giving rise to the claim.

11. Indemnification

You agree to indemnify and hold NCWC harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, misuse of the Services, or infringement of third-party rights.

12. Termination

We may suspend or terminate your access to the Services at our discretion, with or without notice, for reasons including violation of these Terms, fraudulent activity, or failure to pay fees. You may discontinue using the Services at any time, subject to any ongoing obligations (e.g., payment for Services rendered).

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any disputes arising from these Terms or the Services will be resolved in the state or federal courts located in North Carolina. You agree to submit to the jurisdiction of these courts.

We encourage you to contact us to resolve any issues informally before pursuing legal action. Please email [email protected].

14. Force Majeure

NCWC will not be liable for delays or failures in performing our obligations due to events beyond our reasonable control, including natural disasters, power outages, or government actions.

15. Entire Agreement

These Terms, along with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and NCWC regarding the Services. They supersede any prior agreements or understandings, whether written or oral.

16. SMS Terms & Conditions

These SMS Terms & Conditions govern the text messaging program operated by North Carolina Water Company, LLC ("NCWC," "we," "us," or "our") and supplement the Terms and Conditions above.

a. Program and Consent
By providing your mobile phone number to us, you consent to receive SMS text messages from us about your inquiry, such as responding to your request, scheduling and confirming your free water test or in-home consultation, appointment and service updates, and related account notifications. Consent to receive text messages is not a condition of purchasing any goods or services.

b. Message Frequency
Message frequency may vary.

c. Message and Data Rates
Standard message and data rates may apply according to your mobile carrier's plan. We are not responsible for any such charges.

d. Opting Out
You may opt out of receiving SMS messages at any time by replying "STOP" to any message you receive from us. After you reply "STOP," we will send a one-time confirmation message and will not send you any further SMS messages unless you opt back in.

e. Help and Support
If you need assistance or have questions about our SMS service, reply "HELP" to any message you receive from us, or contact our support team by email at [email protected] or by phone at 800-945-7395.

f. Carrier Disclaimer
Wireless carriers are not liable for delayed or undelivered messages.

g. Privacy
Your mobile phone number and information will be handled in accordance with our Privacy Policy, available at https://ncwatercompany.com/privacy-policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

17. Contact Us

If you have questions or concerns about these Terms & Conditions, please contact us:
Email: [email protected]
Phone: 800-945-7395
Address: 3631 Bastion Ln, Raleigh, NC 27604