Terms & Conditions
OVERVIEW
This website is operated by Blue Wave Flow. Throughout the site,
the terms “we”, “us” and “our” refer to Blue Wave Flow. Blue Wave
Flow offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. 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.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree
to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms ofService are considered an offer, acceptance is expressly limited
to these Terms of Service.
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. 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.
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 worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your 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 forconvenience 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 primary, more accurate, more complete 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, necessarily, 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 on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.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 (if applicable)
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 at the store.
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 the quantities of any products or
services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole
discretion of us. 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
e‑mail and/or billing address/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. You
agree to promptly update your account and other information,
including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our Returns 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 – 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 third-party websites
that are 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 or responsibility 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. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 – 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 are unlawful,
offensive, threatening, libelous, defamatory, pornographic,
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 libelous or otherwise unlawful, abusive
or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service
or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead
us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – 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, product shipping charges, transit times and
availability. We reserve the right to correct any errors,
inaccuracies or omissions, 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 without prior notice (including
after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including
without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all
information in the Service or on any related website has been
modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or ofany related website, other websites, or the Internet; (h) to collect
or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited
uses.
SECTION 13 – 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.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your
use, without any representation, warranties or conditions of any
kind, either express or implied, including all implied warranties orconditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Blue Wave Flow, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of
the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Blue Wave
Flow and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of theseTerms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that 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
applicable law, and the unenforceable portion shall be deemed to
be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining
provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement
for all purposes.
These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service 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 or provision of these Terms of Service,
we also may terminate this agreement at any time without notice
and you will remain liable for all amounts due up to and includingthe date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
Section 17 – SMS/MMS MOBILE MESSAGE MARKETING
PROGRAM TERMS AND CONDITIONS
Blue Wave Flow, LLC (hereinafter, “We,” “Us,” “Our”) is offering a
mobile messaging program (the “Program”), which you agree to
use and participate in subject to these Mobile Messaging Terms
and Conditions and Privacy Policy (the “Agreement”). By opting
in to or participating in any of our Programs, you accept and
agree to these terms and conditions, including, without limitation,
your agreement to resolve any disputes with us through binding,
individual-only arbitration, as detailed in the “Dispute Resolution”
section below. This Agreement is limited to the Program and is
not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and Us in
other contexts.
User Opt In: The Program allows Users to receive SMS/MMS
mobile messages by affirmatively opting into the Program, such
as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the Program,
you agree that this Agreement applies to your participation in the
Program. By participating in the Program, you agree to receive
autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand
that consent is not required to make any purchase from Us.
While you consent to receive messages sent using an autodialer,
the foregoing shall not be interpreted to suggest or imply that any
or all of Our mobile messages are sent using an automatictelephone dialing system (“ATDS” or “autodialer”).
Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the
Program or no longer agree to this Agreement, you agree to reply
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile
message from Us in order to opt out of the Program. You may
receive an additional mobile message confirming your decision to
opt out. You understand and agree that the foregoing options are
the only reasonable methods of opting out. You also understand
and agree that any other method of opting out, including, but not
limited to, texting words other than those set forth above or
verbally requesting one of our employees to remove you from our
list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop
using the mobile telephone number that has been used to
subscribe to the Program, including canceling your service plan or
selling or transferring the phone number to another party, you
agree that you will complete the User Opt Out process set forth
above prior to ending your use of the mobile telephone number.
You understand and agree that your agreement to do so is a
material part of these terms and conditions. You further agree
that, if you discontinue the use of your mobile telephone
number without notifying Us of such change, you agree that
you will be responsible for all costs (including attorneys’
fees) and liabilities incurred by Us, or any party that assists
in the delivery of the mobile messages, as a result of claims
brought by individual(s) who are later assigned that mobile
telephone number. This duty and agreement shall survive any
cancellation or termination of your agreement to participate in any
of our Programs.YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND
HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY
RESULTING FROM YOUR FAILURE TO NOTIFY US OF A
CHANGE IN THE INFORMATION YOU HAVE PROVIDED,
INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227,
et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY
REGULATIONS PROMULGATED THEREUNDER RESULTING
FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE
TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program,
users that opt into the Program can expect to receive messages
concerning the marketing and sale of digital and physical
products, services, and events.
Cost and Frequency: Message and data rates may apply. The
Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your
interaction with Us.
Support Instructions: For support regarding the Program,
text “HELP” to the number you received messages from or
email us at info@bluewaveflow.com. Please note that the use
of this email address is not an acceptable method of opting out of
the program. Opt outs must be submitted in accordance with the
procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating
messages) if your mobile device does not support MMS
messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-
is” basis and may not be available in all areas at all times andmay not continue to work in the event of product, software,
coverage or other changes made by your wireless carrier. We will
not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless
service provider/network operator and is outside of Our control. T-
Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of
your own, capable of two-way messaging, be using a participating
wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities
for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if
you are under thirteen (13) years of age. If you use or engage
with the Platform and are between the ages of thirteen (13) and
eighteen (18) years of age, you must have your parent’s or legal
guardian’s permission to do so. By using or engaging with the
Platform, you acknowledge and agree that you are not under the
age of thirteen (13) years, are between the ages of thirteen (13)
and eighteen (18) and have your parent’s or legal guardian’s
permission to use or engage with the Platform, or are of adult age
in your jurisdiction. By using or engaging with the Platform, you
also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the
Platform.
Prohibited Content: You acknowledge and agree to not send
any prohibited content over the Platform. Prohibited content
includes:- Any fraudulent, libelous, defamatory, scandalous,
threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination on the
basis of race, sex, religion, nationality, disability, sexual
orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses,
or other harmful code;
– Any product, service, or promotion that is unlawful where
such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal
health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act
(“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the
jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and Stodge,
LLC d/b/a Simpletext or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the
scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the
breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this
agreement to arbitrate, such dispute, claim, or controversy will be,
to the fullest extent permitted by law, determined by arbitration in
Vineyard, UT before one arbitrator.The parties agree to submit the dispute to binding arbitration in
accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) then in effect. Except as
otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which Blue
Wave Flow, LLC’s principle place of business is located, without
regard to its conflict of laws rules. Within ten (10) calendar days
after the arbitration demand is served upon a party, the parties
must jointly select an arbitrator with at least five years’ experience
in that capacity and who has knowledge of and experience with
the subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the
AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator
shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”).
The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be
final and binding, and no party shall have rights of appeal except
for those provided in section 10 of the FAA. Each party shall bear
its share of the fees paid for the arbitrator and the administration
of the arbitration; however, the arbitrator shall have the power to
order one party to pay all or any portion of such fees as part of a
well-reasoned decision. The parties agree that the arbitrator shall
have the authority to award attorneys’ fees only to the extent
expressly authorized by statute or contract. The arbitrator shall
have no authority to award punitive damages and each party
hereby waives any right to seek or recover punitive damages with
respect to any dispute resolved by arbitration. The parties agree
to arbitrate solely on an individual basis, and this agreement does
not permit class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration
proceeding. Except as may be required by law, neither a partynor the arbitrator may disclose the existence, content, or results of
any arbitration without the prior written consent of both parties,
unless to protect or pursue a legal right. If any term or provision
of this Section is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Section or invalidate or
render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather
than in arbitration, the parties hereby waive any right to a jury
trial. This arbitration provision shall survive any cancellation or
termination of your agreement to participate in any of our
Programs.
Miscellaneous: You warrant and represent to Us that you have
all necessary rights, power, and authority to agree to these Terms
and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will
place you in breach of any other contract or obligation. The failure
of either party to exercise in any respect any right provided for
herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement
unless explicitly stated otherwise in writing. We reserve the right
to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge your
responsibility to review this Agreement from time to time and to be
aware of any such changes. By continuing to participate in the
Program after any such changes, you accept this Agreement, as
modified.SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service constitutes
the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in
accordance with the laws of United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time at this page.We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service 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 or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those
changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@bluewaveflow.com.