Terms of Service
Please read the Terms of Service carefully before you start to use the Website.
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Blue Wave Flow LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service” or “Terms”) govern your access to and use of our website, www.Thetawaveflow.com (the “Website”) including any content, functionality, and services offered on or through Website whether as a guest or a registered user.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
By using the Website, or purchasing something from us, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and/or by providing notice by email to the email address you have provided us, although we are not obligated to do so. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, malware, worms, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. Prices for our products are subject to change without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual property or proprietary-rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display-enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy solely for your personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
You must not modify copies of any materials from this site; use any illustrations, photographs, video, or audio separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary-rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
The Company name, logo, and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without prior written permission from the Company. All other names, logos, and product names on this Website are the trademarks of their respective owners.
Section 9 – Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.
Section 10 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by postal mail, or otherwise (collectively “comments”)—you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive, or obscene material, or contain any virus or malware that could affect the operation of the Service or any related website. You may not use a false email address or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
Section 11 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
Section 13 – Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate laws or regulations; to infringe upon or violate our intellectual property or that of others; to harass, abuse, insult, harm, defame, slander, or discriminate; to submit false information; to upload viruses or malicious code; to collect personal information of others; to spam, phish, crawl, or scrape; for obscene or immoral purposes; or to interfere with or circumvent security features. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through it are provided “as is” and “as available,” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thetawaveflow.com, our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured through the Service, or for any other claim related in any way to your use of the Service or any product.
Section 15 – Indemnification
You agree to indemnify, defend, and hold harmless Thetawaveflow.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 16 – Severability and Waiver
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity of any other remaining provisions. No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of such term or any other, and any failure of the Company to assert a right shall not constitute a waiver of such right.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to termination shall survive termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date; and we may deny you access to our Services (or any part thereof).
Section 18 – Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 19 – Governing Law, Arbitration, and Time Limitation
All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Any legal suit or proceeding arising out of these Terms shall be instituted exclusively in the federal or state courts located in San Diego, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the Company’s sole discretion, it may require you to submit any disputes to final and binding arbitration under the Rules of the American Arbitration Association applying California law. The prevailing party in any arbitration shall be awarded reasonable attorneys’ fees and costs. Any cause of action arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred.
Section 20 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
Section 21 – Contact Information
This website is operated by Thetawaveflow.com. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@Thetawaveflow.com.
Section 22 – Prices, Delivery, and Returns
Unless otherwise stated, all prices are in United States dollars. Applicable sales taxes and shipping fees will be added prior to purchase as indicated during confirmation of a purchase. When you order products from the Website, certain specific terms and conditions may apply, which are set forth on the specific webpage for each product. These specific terms and conditions include our Privacy Policy and Return Policy.
You are responsible for paying all costs, fees, and applicable taxes for products at the time of the transaction with a valid payment method. If your payment method fails, or your account becomes past due, we may collect fees owed using other collection mechanisms. Orders placed Monday to Friday will typically be processed for shipment within 1 to 3 business days. All sales are final. Please visit our FAQ or Contact Us to address your concerns.
PLEASE SEE OUR RETURN POLICY FOR INFORMATION REGARDING RETURNS.