Terms of Service

 

TERMS OF USE

Welcome to Wavehouse.com and Waveloch.com. Wave House Global, LLC, Wave Loch, Inc., and/or their affiliates (collectively, “Wave House”) provide website features to you subject to the following Terms of Use. If you visit or shop at Wavehouse.com and Waveloch.com, you accept these Terms of Use. Please read them carefully. In addition, when you use any current or future Wave House service or product, you may also be subject to guidelines, terms and agreements (“Guidelines”) applicable to such service or product. If these Terms of Use are inconsistent with those Guidelines, the Guidelines will control.

 

PRIVACY

To understand our practices, please review our Privacy Notice which governs your visit to Wavehouse.com and Waveloch.com in addition to these Terms of Use.

 

ELECTRONIC COMMUNICATIONS

When you visit Wavehouse.com and Waveloch.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wave House or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Wave House and protected by U.S. and international copyright laws. All software used on this site is the property of Wave House or its software suppliers and protected by United States and international copyright laws.

 

TRADEMARKS

Wave House, Wave Loch, Wavehouse.com, Waveloch.com, FlowRider, FlowBarrel, FlowBarrel TEN, SurfRider, SurfCatcher, Flowboarders, The Future of Nature, and Wave the Planet; Wave House, Wave Loch, Wavehouse.com, Waveloch.com, FlowRider, FlowBarrel, FlowBarrel TEN, SurfRider, SurfCatcher, Flowboarders, The Future of Nature, and Wave the Planet & Design; and other Wavehouse.com and Waveloch.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Wave House in the U.S. and/or other countries. Wave House’s trademarks and trade dress may not be used in connection with any product or service that is not Wave House’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wave House. All other trademarks not owned by Wave House that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wave House.

 

PATENTS

One or more patents owned by Wave House apply to this site and to the products and services accessible via the site. Portions of this site operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Wave House patents and applicable licensed patents.

 

LICENSE AND SITE ACCESS

Wave House grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wave House. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wave House. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wave House without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wave House's name or trademarks without the express written consent of Wave House. Any unauthorized use terminates the permission or license granted by Wave House. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wavehouse.com and Waveloch.com so long as the link does not portray Wave House, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wave House logo or other proprietary graphic or trademark as part of the link without express written permission.

 

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Wave House may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Wavehouse.com and Waveloch.com only with involvement of a parent or guardian. Wave House reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Wave House reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Wave House a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wave House and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wave House for all claims resulting from content you supply. Wave House has the right but not the obligation to monitor and edit or remove any activity or content. Wave House takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

Wave House respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact EVP Business Development, Wave Loch, Inc., 3146 Mission Boulevard, Suite F, San Diego, CA 92109, and provide the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

RISK OF LOSS

All items purchased from Wave House are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Wave House attempts to be as accurate as possible. However, Wave House does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by Wave House itself is not as described, your sole remedy is to return it in unused condition or cancel the purchase contract before delivery.

 

PRICING 

With respect to items sold by Wave House, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Wave House. Your purchases from third-party sellers using Wave House Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WAVE HOUSE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WAVE HOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WAVE HOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAVE HOUSE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WAVE HOUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WAVE HOUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

CHOICE OF LAW AND FORUM

The Terms of Use and the relationship between you and Wave House shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wave House agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Diego, California.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Wavehouse.com and Waveloch.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

Wave House Global, LLC/Wave Loch, Inc.
3146 Mission Boulevard, Suite F
San Diego, California 92109

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