Overview
Welcome to Wave Within Active. These Terms of Service (“Terms”) govern your use of the Wave Within Active website (the “Site”) and any purchases, services, products, or content provided by Wave Within Active (“Wave Within,” “we,” “us,” or “our”).
By accessing or using our Site, you agree to be bound by these Terms. Please read them carefully before accessing our Site, purchasing our products, or using our services. If you do not agree to these Terms, you may not access the Site or use our services.
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given consent for any of your minor dependents to use this Site.
You agree to use the Site and our products only for lawful purposes. You may not use our products, Site, or services for any illegal or unauthorized purpose, nor may you violate any applicable laws, including copyright, trademark, or other intellectual property laws.
You must not transmit viruses, malicious code, harmful software, or any other material designed to interfere with the operation or security of our Site.
A breach or violation of these Terms may result in immediate termination of your access to our services.
Products and Services
We make every reasonable effort to display our products as accurately as possible, including product colors, materials, sizing, designs, and other details. However, we cannot guarantee that your device's screen or display will accurately represent the actual color or appearance of a product.
All products are subject to availability. We reserve the right to limit quantities, discontinue products, modify products, or make changes to product availability at any time without prior notice.
Prices for our products are subject to change without notice.
We reserve the right to refuse, limit, or cancel any order placed with us. If we make a change to or cancel an order, we may attempt to notify you using the email address, billing information, or other contact information provided at checkout.
Orders and Payments
By placing an order with Wave Within Active, you agree to provide current, complete, and accurate purchase, billing, shipping, and account information.
You agree to promptly update your information when necessary so that we can complete transactions and contact you regarding your purchases.
All payments must be made using the approved payment methods available through our Site.
We reserve the right to cancel, limit, or refuse an order if we reasonably suspect fraud, unauthorized activity, payment issues, pricing errors, inventory errors, or other circumstances that may affect our ability to fulfill the order.
Shipping, Returns, Refunds, and Exchanges
Shipping and delivery times displayed on our Site are estimates and are not guaranteed. Delivery times may vary due to carrier delays, weather, holidays, high order volumes, supply issues, or other circumstances outside of our reasonable control.
Our Return and Refund Policy, available separately on our Site, is incorporated into these Terms. By purchasing from Wave Within Active, you agree to the terms of that policy.
Customers are responsible for reviewing their shipping information before submitting an order. Wave Within Active is not responsible for delays or delivery issues resulting from incorrect or incomplete information provided by the customer, except where otherwise required by law.
Intellectual Property
All content available through the Wave Within Active Site, including but not limited to the Wave Within Active name, logos, trademarks, product designs, apparel graphics, photographs, videos, website designs, graphics, illustrations, text, written materials, marketing materials, and other original content, is owned by or licensed to Wave Within Active and is protected by applicable intellectual property laws.
You may not copy, reproduce, modify, distribute, publish, display, sell, license, create derivative works from, or otherwise exploit our intellectual property or content without prior written permission from Wave Within Active.
Nothing contained on the Site grants you any license or right to use any Wave Within Active trademark, logo, design, or other intellectual property without our written authorization.
Prohibited Uses
You agree not to misuse our Site, products, content, or services.
Prohibited activities include, but are not limited to:
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Using the Site for unlawful or fraudulent purposes
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Encouraging or assisting others in unlawful activities
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Violating applicable local, state, federal, or international laws or regulations
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Infringing upon our intellectual property rights or the rights of others
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Copying or reproducing Wave Within Active designs or content without authorization
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Harassing, abusing, threatening, discriminating against, or harming others
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Submitting false, misleading, or fraudulent information
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Uploading or transmitting viruses, malware, malicious code, or harmful software
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Collecting or tracking another person's personal information without authorization
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Attempting to interfere with or bypass the security features of our Site
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Using automated systems, scraping tools, or similar technologies to improperly access or collect information from the Site
We reserve the right to terminate your access to the Site or our services if you violate these restrictions.
Accuracy of Information
We make reasonable efforts to ensure that information provided on our Site is accurate and current. However, we do not guarantee that all information will always be complete, accurate, or up to date.
Information provided on the Site is for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting additional sources when appropriate.
We reserve the right to correct errors, inaccuracies, or omissions and to modify or update information at any time without prior notice.
Third-Party Services and Links
Our Site may include links to or integrations with third-party websites, payment processors, social media platforms, applications, or other services.
Wave Within Active does not control these third-party services and is not responsible for their content, privacy practices, availability, security, or actions.
Your use of third-party services may be subject to separate terms and policies established by those providers.
Limitation of Liability
To the maximum extent permitted by applicable law, Wave Within Active and its owners, employees, representatives, affiliates, contractors, or service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, services, or products.
To the extent permitted by applicable law, our liability for direct damages related to a particular purchase will not exceed the amount you paid to Wave Within Active for the product or order giving rise to the claim.
Nothing in these Terms is intended to exclude or limit liability where doing so would be prohibited by applicable law.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, our Site, products, and services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
We do not guarantee that access to our Site will always be uninterrupted, timely, secure, or error-free.
Any warranties that cannot legally be excluded or limited remain unaffected by these Terms.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold harmless Wave Within Active and its owners, employees, affiliates, representatives, contractors, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from your violation of these Terms, misuse of the Site, or infringement of another party's rights.
Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be considered severed from these Terms.
The remaining provisions will continue to remain valid and enforceable.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles.
Any disputes relating to these Terms will be handled in accordance with applicable law and any jurisdictional requirements that apply to Wave Within Active and the customer.
Changes to These Terms
We reserve the right to update, modify, or replace these Terms of Service at any time.
Any updated Terms will be posted on this page along with a revised effective date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
We encourage you to review these Terms periodically.
Contact Information
Questions regarding these Terms of Service may be directed to:
Wave Within Active