Terms of service

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Terms of Service
Last Updated: June 26th, 2025.

PLEASE NOTE: Your access to and use of the Online Services is subject to these Terms of Service, as well as all applicable laws and regulations. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use the Online Services or any information, Content or Products and Services contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Service may be changed, modified, supplemented or updated by Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Online Services after such changes are posted; provided, however, that the Company may  provide notice by means of conspicuous alert or notification displayed on the Online Services in the case of substantial revisions. Unless otherwise indicated, any new Content, Products and Services added to the Online Services will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Online Services and these Terms of Service periodically for updates and changes.  If you are using the Online Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Service on behalf of that legal entity.

THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS OF SERVICE ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY.

Nordic Wave, Inc.
295 Seven Farms Drive, Suite C-234
Charleston, SC 29492
+1 843-202-4676

1.  Limited License and Site Access; All Rights Reserved. Use of the Online Services is limited to persons who are at least of the age of majority in their jurisdiction of residence.  Subject to your compliance with these Terms of Service, Company hereby grants you a limited license to access and make personal use of these Online Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Online Services or the Content; any derivative use of the Online Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. 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 Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Online Services and any Content, features, Products and Services offered on these Online Services, including any and all intellectual property rights.  Any software applications available on or through the Online Services are licensed, not sold, to you. The Company may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party.  We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
   
   
2. Availability of Products and Services. Due to offers that are limited in time or availability, certain Products and Services described on the Online Services may not be available to all users at all times.   The Online Services may provide certain summary descriptions or other helpful information regarding Products and Services. Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.  The Company attempts to be as accurate as possible with our product descriptions. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE ONLINE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Online Services does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
   
   

1. Not a Substitute for Professional Advice. Although the Online Services may provide information concerning Product usage and specifications (including certain products that may offer therapeutic, rehabilitation, or other health or wellness benefits), it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.
   
   
2. Warranty, Service and Returns Policies. All sales made through the Online Services are subject to our shipping and returns policies, available at https://thenordicwave.com/policies/refund-policy.
   
   
3. Payment and Order Acceptance.
   1. Payments for products purchased through the Online Services may be processed by a third party payment gateway. Your use of the third party payment gateway may be subject to your agreement with additional terms and conditions provided by the third party.  Company has no liability for any disagreement between you and the third party payment processor which may arise out of these additional terms and conditions.
   2. If you purchase products on the Online Services, you agree to pay, using a valid credit card (or other form of payment that Company may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Company accepts most generally-accepted credit card brands; however, Company may add or change the cards which it accepts, at any time, in its sole discretion.
   3. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described at the time of your purchase. If a payment hold cannot be charged to your credit card as set forth above, Company reserves the right to cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products, and Company has no liability for any overdraft or other fees that you may incur as a result of processing your payment. Company will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

1.  Tax Policy. Unless stated otherwise, prices for all products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.  Company charges sales tax on all orders as required by law.  The sales tax amount is based on the location of the store at which the products are installed.

1.  Manufacturer’s Rebates. Certain product purchases may entitle you to claim one or more manufacturer’s rebate offers.  Rebate availability and processing are subject to additional terms, conditions, and policies and may be processed by third party providers.

1. Order Limitations/Limited Quantities. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.

1. Copyright. Except as otherwise expressly stated, all Content appearing on the Online Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.

You may download information from the Online Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Online Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Online Services will not infringe rights of third parties.

1. DMCA. If you believe that any Content on the Online Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately using the information provided in the section entitled “Contacting Us” with reasonably sufficient detail necessary for us to consider and respond to your complaint.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

1. Ownership of information submitted via the Online Services. Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to this web site (“Submission”) will be considered non-confidential. The Company is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.

1. Privacy.  Your privacy is important to us.  We maintain our Privacy Policy at https://thenordicwave.com/policies/privacy-policy.  We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy.  We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the Site for updates.  If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.

1. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Online Services, and Company reserves the right to change the access configuration of the Online Services at any time without prior notice.

1. Accounts.  In order to make purchases on the Online Services and/or access certain content or features of the Online Services, you may be required to register with Company and create an account. You must not use domain names or web URLs in your username. Your account gives you access to certain portions of the Online Services and functionality that Company may establish and maintain from time to time and in its sole discretion. By providing Company your email address you consent to our using the email address to send you notices related to the Online Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Online Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences at https://thenordicwave.com/tools/recurring/get-subscription-access.  Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You may control your user profile and how you interact with the Online Services by changing the settings in your Account Page at https://thenordicwave.com/account/login?return_url=%2Faccount. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

1. Alternate Login Methods. You may be able to access your account within the Online Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device.  These features are provided through your device’s built-in functionality, and Company has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account.  When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Company.  Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Online Services.

1. Prohibited Use. Any use or attempted use of the Online Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Online Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Online Services, you agree you will not:

1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

6. Use the Online Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

8. Violate any applicable local, state, national or international law;

9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

10. Delete or revise any material posted by any other person or entity;

11. Manipulate or otherwise display the Online Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Online Services other than the main homepage, in accordance with the Limited License and Site Access outlined above;

12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Online Services or any related networks or systems;

13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;

14. Harvest or otherwise collect information about others, including e-mail addresses; or

15. Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on these Online Services.

Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.

1. Right to Monitor. Company neither actively monitors general use of the Online Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Online Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Service, or are, in the sole discretion of Company, inconsistent with Company's purpose for these Online Services.

1. No Company Editorial Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included in the Online Services is provided by third party content providers or other Website users, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Online Services are those of such third party suppliers or users, respectively. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Online Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company.

1. Links to Third Party Websites. The Online Services may contain links to other sites or online services owned and operated by parties other than Company (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. We do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services unless we specifically so state. In the event the Online Services provide Third Party Links, you acknowledge and agree that Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on the Online Services and may remove a link at any time in its sole discretion for any reason whatsoever. Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Company is not responsible for the privacy practices of any other websites.

1. Rules for Sweepstakes, Contests, Surveys, and Similar Promotions. Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Online Services will be governed by specific rules that are separate from these Terms of Service.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  The Company urges you to read the applicable rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

1. Disclaimer. Content and other information contained on the Online Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Online Services or any other Website maintained by Company. Users relying on Content or other information from the Online Services do so at their own risk.
   
   The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Company or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Online Services does not affect that purchase in any manner.
   
   YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND OTHER THAN AS STATED IN OUR REFUND POLICY, ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE ONLINE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE ONLINE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE ONLINE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE ONLINE SERVICES.OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE ONLINE SERVICES OR PRODUCTS, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE ONLINE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.BY ACCESSING THE ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”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.

1. Indemnification. To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from these Online Services, your use of these Online Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service.

1. Notices. Any notices to you from Company regarding the Online Services or these Terms of Service will be posted on the Online Services or made by e-mail or regular mail.

1. Electronic Communications. When you visit the Online Services 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 the Online Services. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

1. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

a. In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitrate, or relating to any of the Online Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.

b. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.

c. You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms of Service. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.

1. General Provisions

a. Entire Agreement. These Terms of Service, the Privacy Statement and Notice of Privacy Practices, and other policies Company may post on the Online Services constitutes the entire agreement between Company and you in connection with your use of the Online Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Online Services, including prior versions of these Terms of Service.

b. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Service are governed by the laws of the State of South Carolina, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Service shall be brought exclusively in the federal or state courts of South Carolina and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

c. Class Action Waiver. To the full extent permitted by applicable law, both you and Company waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

d. Jury Waiver. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

e. No Agency Relationship. Neither these Terms of Service, nor any Content, materials, features, or Products and Services of the Online Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

f. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Online Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

g. Remedies. You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Disclaimer Regarding Big Sur AI

Big Sur AI is a third-party tool integrated into our platform to enhance user experience through AI-generated content and assistance. While we strive to ensure the tools we offer are useful and reliable, we do not guarantee the accuracy, completeness, or reliability of any information, answers, or suggestions provided by Big Sur AI.

By using Big Sur AI, you acknowledge and agree that:

• Any content or responses generated are for informational purposes only.

• We are not responsible or liable for any errors, omissions, or actions taken based on AI-generated content.

• Users should independently verify critical information before making decisions based on AI output.

Use of Big Sur AI is at your own discretion and risk.

Product Agreement - Disclaimer 

1. IMPORTANT NOTICE

DANGER: Cold-water immersion can lead to hypothermia, cardiac arrest, respiratory failure, loss of consciousness, or drowning. Improper installation, maintenance, or use of the Product increases these hazards. If you do not understand or accept these risks, DO NOT USE THE PRODUCT.

2. NO MEDICAL OR PROFESSIONAL ADVICE

The Product and all related content are intended for recreational, athletic-recovery, and general wellness purposes only.

• WARNING: The Product is not a medical device and is not designed to diagnose, treat, cure, or prevent any disease or medical condition.
  

• Users must obtain independent medical clearance before first use and whenever health status changes.
  

3. SAFETY & USAGE DISCLAIMER

1. DANGER — RISK OF DROWNING: Never allow unsupervised children or incapacitated persons near or in the Product. Keep the safety cover secured when not in use.
   

2. DANGER — RISK OF ELECTRIC SHOCK: Install and bond the Product strictly in accordance with all local codes and Nordic Wave electrical specifications; maintain a minimum 5 ft (1.5 m) separation from conductive surfaces unless properly bonded.
   

3. WARNING: Do not use the Product alone, under the influence of alcohol, drugs, sedatives, or if drowsy.
   

4. WARNING: Water temperature must remain ≥ 37 °F (2.7 °C); initial exposure should not exceed 1 minute and experienced sessions must not exceed 10 minutes.
   

5. WARNING: Head-first submersion is optional and should be avoided by anyone with ENT disorders, sinus conditions, or vertigo.
   

Failure to follow these instructions voids all warranties and shifts all risk to the user.

4. INSTALLATION & MAINTENANCE DISCLAIMER

• The owner is responsible for routine inspection, sanitation, and water-chemistry management.
  

• Unauthorized repairs, modifications, or the use of non-Nordic Wave parts immediately voids the warranty and absolves Nordic Wave of all liability for resulting loss or damage.
  

5. ENVIRONMENTAL / PROPERTY DAMAGE DISCLAIMER

Nordic Wave is not liable for any damage to structures, flooring, furnishings, landscaping, or surrounding property resulting from water leaks, condensation, freezing, improper drainage, inadequate load-bearing support, or failure to maintain the Product.

6. PERFORMANCE & RESULTS DISCLAIMER

• Nordic Wave makes no express or implied guarantee regarding performance outcomes, recovery speed, athletic gains, weight-loss, pain reduction, or any other health or wellness benefit.
  

• Individual results vary; testimonials do not constitute a warranty or promise.
  

7. WARRANTY DISCLAIMER

Except as expressly set forth in Nordic Wave’s written Limited Warranty document:

• THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS.”
  

• NORDIC WAVE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  

• No oral or written statement by Nordic Wave, its agents, or dealers shall create any warranty beyond the Limited Warranty’s terms.
  

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

1. Nordic Wave, its officers, directors, employees, agents, and suppliers SHALL NOT BE LIABLE for any indirect, incidental, special, punitive, or consequential damages—including personal injury, death, property damage, lost profits, loss of data, or emotional distress—arising out of or related to the purchase, use, or inability to use the Product, even if advised of the possibility of such damages.
   

2. Nordic Wave’s total aggregate liability for any claim shall not exceed the amount paid for the Product giving rise to the claim.
   

3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; where prohibited, the above limitations apply only to the extent allowed by law.
   

9. ASSUMPTION OF RISK

By purchasing, installing, or using the Product you voluntarily assume all known and unknown risks, including those arising from negligence, product misuse, environmental factors, or acts of third parties.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nordic Wave and its affiliates from any and all claims, demands, actions, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your installation, maintenance, or use of the Product;
  

• Any breach of this disclaimer or other applicable Nordic Wave terms;
  

• Your negligence or willful misconduct.
  

11. GOVERNING LAW & DISPUTE RESOLUTION

This disclaimer—and any dispute or claim relating to the Product—shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles. All disputes shall be resolved by binding arbitration administered by [Arbitration Authority] in [County, State]. Class-action waivers apply; claims may be brought only on an individual basis.

12. SEVERABILITY

If any provision of this disclaimer is held invalid or unenforceable, the remaining provisions remain in full force and effect.

13. ENTIRE AGREEMENT

This disclaimer, together with Nordic Wave’s Limited Warranty and any written sales agreement, constitutes the entire agreement between you and Nordic Wave regarding the Product and supersedes all prior or contemporaneous oral or written representations.

14. ACKNOWLEDGMENT

Nordic Wellness, Inc. is not responsible for any bodily injury or harm caused by the use of any products purchased on our website. By purchasing any of these products, you are acknowledging & accepting the risk of these products which may lead to severe injury or death in some cases. It is important you consult with a medical professional before you use our products. Please read our waiver for further details and contact us if you have any questions. By purchasing or using any Nordic Wave Product, you confirm that you have read, understood, and agreed to be bound by the terms of this Product Disclaimer.

Safety & Use Warnings

COLD PLUNGE SAFETY WARNING, DANGER NOTICE & LIABILITY WAIVER

PLEASE READ CAREFULLY — FAILURE TO FOLLOW THESE INSTRUCTIONS MAY RESULT IN SERIOUS INJURY OR DEATH.

1. IMPORTANT SAFETY INFORMATION

Use of this cold plunge system involves exposure to extremely cold water temperatures, which may cause sudden physiological stress.

• DANGER: Misuse can result in hypothermia, respiratory failure, or cardiac arrest.

• WARNING: Cold water immersion can exacerbate underlying medical conditions.

2. SAFETY INSTRUCTIONS: INSTALLATION & ELECTRICAL GUIDELINES

READ AND FOLLOW ALL INSTRUCTIONS BEFORE INSTALLATION OR USE.

• Do not permit children to use the cold plunge without active adult supervision.

• DANGER: To reduce the risk of accidental drowning, always cover the plunge when not in use. Covers are not guaranteed to prevent access.

• Follow Nordic Wave installation procedures precisely. Unauthorized modifications may void your warranty and compromise safety.

• DANGER: Risk of electric shock — maintain at least 5 feet (1.5 m) clearance from walls, metal objects, and other conductive surfaces unless properly bonded using approved copper conductors.

• DANGER: Do not place electrical appliances (e.g., TVs, radios, lights) within 5 feet (1.5 m) of the plunge.

• All controls accessible from within the plunge must be powered by no more than 12 VDC.

• Electrical supply must include a certified GFCI (North America) or RCD (Europe) and a manual disconnect switch, visible and located at least 5 feet (1.5 m) from the water.

3. CONTRAINDICATIONS: DO NOT USE IF YOU HAVE

• Cardiovascular disease, high/low blood pressure, arrhythmia, or stroke history.

• Respiratory conditions (e.g., asthma, COPD).

• Diabetes with neuropathy or circulatory complications.

• Open wounds, skin infections, or a compromised immune system.

• History of seizures or unexplained fainting.

• Are pregnant, unless specifically cleared by a physician.

• Recent surgeries or acute injuries.

WARNING: Always consult a physician before beginning cold plunge use, especially if you are uncertain about any medical condition.

4. ASSUMPTION OF RISK

By using this product, you voluntarily accept all risks associated with cold exposure, including but not limited to:

• Hypothermia

• Cold shock response

• Fainting or dizziness

• Circulatory or cardiac distress

• Nerve sensitivity or numbness

• Muscle stiffness or cramping

• Skin irritation or cold-induced injuries

• Exacerbation of dermatological conditions

WARNING: Full head submersion can significantly increase risks, including:

• Respiratory distress and breath-holding blackout

• Sinus pressure, migraines, and facial pain

• Inner ear irritation or infection

• Vertigo and vestibular imbalance

• Triggering or worsening of tinnitus

Individuals with ENT-related conditions, including tinnitus, ruptured eardrums, or chronic ear infections, should consult a physician before any head submersion and consider avoiding it entirely.

5. USER RESPONSIBILITIES

a. Medical Clearance

• Consult a physician before using this product, especially if you have cardiovascular, neurological, dermatological, or ENT conditions.

• Do not use if pregnant without physician approval.

b. Time & Temperature Limits

• WARNING: Water should never be below 37°F (2.7°C).

• First-time users: limit use to 1 minute.

• Experienced users: maximum 10-minute sessions.

c. Safe Usage Behavior

• Never use the plunge while alone, intoxicated, sedated, or drowsy.

• Enter and exit slowly to prevent falls or shock.

• Head submersion is optional and should be approached with caution.

• Avoid submerging head if prone to sinus, ear, or neurological issues.

d. Hygiene & Equipment Care

• Do not use with open wounds or contagious skin conditions.

• Clean and inspect the plunge regularly per Nordic Wave guidelines.

e. Emergency Awareness

• WARNING: Exit immediately if you experience shivering, numbness, confusion, chest pain, or difficulty breathing.

6. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law:

• Nordic Wellness provides this product “as is” without warranty of any kind, express or implied.

• No claims are made regarding health outcomes or benefits of cold therapy.

7. LIMITATION OF LIABILITY

To the fullest extent allowed by law:

• Nordic Wellness is not liable for any direct, indirect, or consequential damages, including death, injury, or medical complications.

• This includes, but is not limited to, claims for emotional distress, lost income, or treatment costs.

• Your exclusive remedy is to discontinue use of the product.

8. INDEMNIFICATION

You agree to indemnify and hold harmless Nordic Wellness, its officers, employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from your use or misuse of the product or violation of this waiver.

9. GOVERNING LAW & DISPUTE RESOLUTION

This agreement is governed by the laws of [Insert State/Country]. Any dispute shall be resolved via binding arbitration, with no right to class-action suits.

10. SEVERABILITY

If any part of this waiver is found unenforceable, the remaining provisions shall remain in effect.

11. ACKNOWLEDGMENT & ACCEPTANCE

By using this product, you confirm:

• You have read and understood this document.

• You voluntarily accept all risks associated with use.

• You are medically cleared and agree to all terms and conditions.

⚠️ DO NOT USE THIS PRODUCT UNLESS YOU FULLY UNDERSTAND AND AGREE TO THESE TERMS. ⚠️

By Purchasing you agree to these terms.