Policy Terms And Conditions
TERMS OF SERVICE ---- GENERAL INFORMATION
Dream Wave operates this website. Throughout the site, the terms "we", "us", and "our" refer to Dream Wave. Dream Wave provides this website, including all information, tools, and services available on this site to you, the user, as long as you accept all the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage with our "Service" and acknowledge the binding nature of the following terms and conditions (hereinafter referred to as "Terms of Service", "Terms"), including additional terms and conditions and policies mentioned here and/or available via hyperlinks. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, suppliers, 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 these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to these 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 or changes on our website. It is your responsibility to review this page periodically to check for changes. Your continued use of the website or access to it after any changes are posted constitutes acceptance of those changes. Our store is hosted by Shopify Inc. They provide the online e-commerce platform that allows us to sell you our products and services.
SECTION 1: ONLINE STORE TERMS
By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any minor dependents of yours to use this site. You may not use our products for any unlawful or unauthorized purpose, nor may you, by using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws). You will not transmit any worms, viruses, or destructive code. Breach or violation of any of these Terms will result in the 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 may involve (a) transmissions across various networks; and (b) changes to conform to 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 part of the Service, the use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material presented 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 current sources of information. Relying on any material on this site is at your own risk. This site may contain certain historical information. Historical information, by its nature, is not current and is provided only for reference. We reserve the right to modify the content 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: SERVICE AND PRICE MODIFICATIONS
The prices of our products are subject to change without notice. We reserve the right 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 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. We cannot guarantee that the display of any color on your computer monitor 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 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 of any product or service made on this site is void where prohibited. We do not guarantee that the quality of any product, service, 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: BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at 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, or orders using the same billing or shipping address. In the event that we make a change or cancel an order, we will attempt to notify you by email or the 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 have been 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 contact you as needed. For more information, see our Return Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor or control and are not involved in. 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 endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use you make of optional third-party tools is at your own risk, and you should ensure that you are familiar with the terms on which the relevant third-party providers offer such tools and agree to them. We may also, in the future, offer new services or features through the website (including the release of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Some 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, nor do we warrant or assume any responsibility for any third-party materials, websites, or 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 third-party websites. Please review carefully the third-party's policies and practices, and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to them.
SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS
If, at our request, you submit certain specific submissions (e.g., 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 referred to as "comments"), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate, and use in any medium any comment you send us. We have no obligation (1) to maintain any comment in confidence; (2) to pay compensation for any comment; or (3) to respond to any comment. We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, obscene, pornographic, profane, or objectionable, or that infringes any party's intellectual property or these Terms of Service. You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they contain any viruses or other harmful software that could affect the operation of the Service or any related website in any way. You may not use a false email address, pretend to be someone else, or deceive us or third parties about the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 10: PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS
There may be information on our site or in the Service that occasionally contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, product shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order). We assume no obligation to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No update specified or date applied in the Service or any related website should be taken to indicate that all information in the Service or any related website was modified or updated.
SECTION 12: PROHIBITED USES
In addition to the prohibitions 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 regulation, rule, law, or local, international, federal, provincial, or state ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other harmful code that may affect or may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharming, pretexting, spidering, tracking, or extracting; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or any other website 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 guarantee 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 notifying you. You expressly agree that your use of the service or inability to use it is at your own risk. The service and all products and services delivered to you through the service (unless we specify otherwise) are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Dream Wave, our directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to; loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any product obtained through 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 error or omission 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 made available through the service, even if advised of their 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 will be limited to the maximum extent permitted by law.
SECTION 14: INDEMNITY
You agree to indemnify, defend, and hold harmless Dream Wave and our parent company, subsidiaries, affiliates, associates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by a third party due to your breach of these Terms of Service or the documents they incorporate by reference or arising from your violation of any law or third-party rights.
SECTION 15: SEVERABILITY
If it is determined that any provision of these Terms of Service is illegal, void, or unenforceable, such provision will still be enforceable to the extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 16: TERMINATION
The obligations and responsibilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Terms of Service are effective unless you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. If, in our judgment, you fail to comply, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain responsible for all amounts owed up to the date of termination, inclusive; and/or consequently, we may deny you access to our Services (or part thereof).
SECTION 17: ENTIRE AGREEMENT
The failure of us 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 that we have posted on this site or regarding the Service constitute the complete 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, without limitation, previous versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18: GOVERNING LAW
These Terms of Service and any separate agreement by which we provide you Services will be governed by and construed in accordance with the laws of 23615 Western Centre Dr, Katy, TX, 77494, United States.
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 on our site. It is your responsibility to check our website periodically to review the changes. Your continued use of our website or the Service, or your access to either, after the posting of any changes to these Terms of Service, constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to carlosgeneka@gmail.com.