Terms of Sale

TERMS AND CONDITIONS OF SALE

Last Updated: 10/31/2024

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services from Wave Bye Inc. (referred to as “Wave Bye,” “us,” “we,” or “our,” as the context may require) through the Wave Bye Mobile Application (the “Application”) or our website at www.wavebye.co (the “Website,” and together with the Application, the “Service”). These Terms are subject to change by Wave Bye without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the date set forth above. You should review these Terms before purchasing any product or services that are available through the Service. Your continued use of the Service after the date set forth above will constitute your acceptance of and agreement to such changes.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 13 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE OR ANY OF THE SERVICE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website, and of the Mobile Application End User License Agreement that governs your use of the Application. You should also carefully review our Privacy Policy before placing an order for products or services through the Service (see Section 7).

Order Acceptance and Cancellation. Any order you place through the Service is an offer to buy, under these Terms, all products and services listed in such order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

Prices and Payment Terms.

  1. All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 
  2. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We will present our accepted payment methods to you at the time of your purchase.

    By placing an order, you represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 

    Shipments; Delivery; Title and Risk of Loss.

      1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process unless otherwise indicated that shipping is covered.
      2. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

      Returns and Refunds.

        1. Except for any products designated as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition, meaning unopened with all seals intact. Any product where the safety seal has been broken and cannot be resold is not returnable. To return products, you must obtain a Return Merchandise Authorization (“RMA”) number from our Returns Department sending an email to returns@wavebye.co. We will not accept returns of any type without an RMA number.
        2. If you request, we will provide a return shipping label and deduct $13.00 from your refund to cover return shipping costs. If you choose not to use our return shipping label, you are responsible for all shipping and handling charges on returned items, and you bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a $5.00 restocking fee, in addition to any shipping charges.
        3. Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase through the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS FINAL SALE OR NON-RETURNABLE.

      Labels; No Medical Advice.

      You should not use the information on the Website or the Application to diagnose or treat any health condition.

      Consult with your physician or other healthcare professional (“Healthcare Professional”) before using any medication or dietary supplement available through the Service (each, a “Health Product”). Before using any Health Product, carefully read all information provided on or in the label or packaging, and strictly comply with all directions. Each person is different, and the way you react to a particular Health Product may be significantly different from the way other people react to the same Health Product.

      Contact your Health Provider directly if you have questions or concerns about how a Health Product may affect you, including how it may interact with any medication you are currently taking.

      Subscription Terms.

      1. Certain of our products or services may be available for purchase on a subscription basis. We do not represent or warrant that any particular subscription plan will be offered indefinitely and we  reserve the right to change the prices for or alter the features and options in a particular subscription plan upon notice to you.
      2. Charges for subscription plans will be billed to you in advance. When you purchase a subscription plan, you must provide accurate and complete information for a valid payment method pursuant to Section 2. You will be billed for your subscription plan through the payment method you provide. BY COMPLETING REGISTRATION FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE WAVE BYE OR ITS AGENT TO CHARGE YOUR PAYMENT METHOD ON A RECURRING (E.G. MONTHLY, QUARTERLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR  PLAN. The Authorization continues until you cancel your subscription plan as set forth in Section 6.3.
      3. You may cancel your subscription plan at any time by providing written notice to us at least twenty-four  (24) hours before your next scheduled subscription payment. If you notify us of your desire to cancel a subscription plan fewer than twenty-four  (24) hours before your next scheduled subscription payment, we will attempt to cancel your subscription. However, we may be unable to do so, in which case we will cancel your subscription before the subsequent payment is due.

        Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy [LINK] governs the processing of all personal data collected from you in connection with your purchase of products or services through the Service.

        Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

        Governing Law and Jurisdiction. This Service is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of  Colorado.

        Dispute Resolution and Binding Arbitration.

        1. YOU AND WAVE BYE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
          ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

          1. The arbitration will be administered by an arbitrator selected by Wave Bye in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules  then in effect (the “AAA Rules”), except as modified by this Section 11. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

          The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

          1. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
          2. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WAVE BYE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

            If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

            Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

            No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of  Wave Bye.

            No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

            Notices.

            1. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
            2. To give us notice under these Terms, you must contact us as follows: (i) by email to hello@wavebye.co; or (ii) by personal delivery, overnight courier, or registered or certified mail to Wave Bye Inc., Beck Venture Center; Colorado School of Mines; 1301 19th St.; Golden, CO 80401. We may update the email address or mailing address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

              Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

              Entire Agreement. These Terms, the license or similar agreement relating to any product or service you obtain on or through this Website, our Website Terms of Use and/or our Mobile Application End User License Agreement, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.