This website is operated by Nexawaves owned by ELEVATEBAY LLC (hereinafter, ELEVATEBAY) 6001 MENAUL BLVD NE #1240, Albuquerque NM 87110 EIN: 35-2798640 Throughout the site, the terms "we", "us" and "our" refer to nexawaves.com. nexawaves.com 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 in this document.
By visiting our site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced here 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.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most recent 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 periodically check this page 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
You can't use us for illegal or non-authorized goods and you can't do anything plus, dans l'utilisation du Service, violate the laws of your jurisdiction (and buy, more sans s'and limiter, the laws on the Copyright).
You must not transmit any worms, viruses or code of a destructive nature.
Failure or breach of any of the Terms will result in 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 (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over multiple networks; and (b) changes to meet and adapt to the 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 our express written permission. . . . .
Headings used in this agreement are included for convenience only and will not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLEXITY 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 as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content of this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for illustrative purposes only. We reserve the right to modify the content of this site at any time, but we are under 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 AND PRICE OF THE SERVICE
The prices of 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 will not be liable to you or any third party for any modification, price change, suspension or discontinuation 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 can only be returned or exchanged in accordance with 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 product or service that we offer. All product descriptions or product prices 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 materials purchased or obtained by you will meet your expectations, or that 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 using 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/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, 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, credit card numbers and expiration dates, so that we can complete your transactions and communicate with you as necessary.
For more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or have any control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any support whatsoever. We will have no liability arising from or related to your use of optional third party tools.
Any use you make of optional tools offered on the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third party providers provide the tools.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through 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 of any third party materials or websites, or any other third party materials, products or services, nor do we warrant or assume any responsibility for them.
We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding Third Party Products should be directed to Third Parties.
SECTION 9 - FEEDBACK, COMMENTS AND OTHER COMMUNICATIONS FROM USERS
If, at our request, you send certain specific submissions (for example, contest entries) or without our request, submit creative ideas, suggestions, proposals, plans or other documents, either online, by email or by postal mail. Postal or otherwise (collectively, "Feedback"), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate and use the feedback that you submit to us in any medium. We are not and will not be under any obligation (1) to keep any comments confidential; (2) pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, and will not 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 email address, pretend to be someone other than yourself, or mislead us or any third party as to the origin of any comments. You are solely responsible for all Comments you make and their accuracy. We do not take any responsibility or liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
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, prices, promotions, offers, shipping costs, products, delivery 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 notice (including after you submit your order). ).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including without limitation pricing information, except as required by law. No update or update date specified in the Service or on any related website should be taken as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) soliciting others to perform or participate in any illegal act; (c) violate any local, international, federal, provincial or state regulation, rule, law or ordinance; (d) infringes or violates our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present 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 affects the functionality or operation of the Service or any related website, other websites, or from the Internet; (h) to collect or track the personal information of others; (i) spam, phishing, pharm, pretext, spider, track or scrape (j) for any obscene or immoral purpose; or (k) 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 or cancel the service at any time, without notice.
You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind. , explicit or implicit. , including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall nexawaves.com, our directors, officers, employees, affiliates, agents, contractors, interns, vendors, service providers, or licensors be liable for any injury, loss, claim, or any other direct, indirect, incidental, punitive, special. . . . , or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or any other similar damages, whether in contract, tort (including negligence), liability, strict or otherwise, arising out of your use of any of the services or products purchased through the service, or any other claim relating in any way to your use of the service or any product, including, without limitation, any errors or omission in any content, or any loss or damage of any kind arising from the use of the service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or 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 hinfant.com and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors, interns and employees, without damages for any claim or claim. , including reasonable attorneys' fees, made by a third party due to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or right of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Service, such determination shall not affect the validity and enforceability of any other remaining provision
SECTION 16 - TERMINATION
The obligations and responsibilities of the contracting parties prior to the termination date will survive the termination of this agreement for all purposes.
If, in our sole discretion, you breach or suspect that you have breached 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, including the date of termination. ; and/or accordingly may deny you access to our Services (or any part of them).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will 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 with respect to the Service constitute 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 orally or in writing, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the party who wrote them.
ARTICLE 18 - APPLICABLE LAW
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can review the most recent 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 of Service by posting updates and changes to our website. It is your responsibility to periodically check our website 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 20 - CONTACT INFORMATION