Terms of Service

Last updated: April 30, 2026

Overview

Welcome to ROGUEWAVE! The terms "we", "us" and "our" refer to ROGUEWAVE. ROGUEWAVE operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). ROGUEWAVE is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be the same as depicted in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction.

Section 3 – Orders

When you place an order, you are making an offer to purchase. ROGUEWAVE reserves the right to accept or decline your order for any reason. Your order is not accepted until ROGUEWAVE confirms acceptance and processes your payment. Please review your order carefully before submitting, as ROGUEWAVE may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by ROGUEWAVE, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by ROGUEWAVE.

Section 7 – Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.

Section 8 – Third-Party Links

The Services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access third-party sites, you do so at your own risk. Complaints, claims, or questions regarding third-party products and services should be directed to the third party.

Section 9 – Relationship with Shopify

ROGUEWAVE is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with ROGUEWAVE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ROGUEWAVE. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ROGUEWAVE.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit 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 is inaccurate at any time without prior notice.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send spam or any advertising or promotional material without our authorization; (g) to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraping, AI tools (such as agentic AI) or automated means to access the Services; or (e) interfere with or circumvent the security or authorization features of the Services. We reserve the right to terminate your account at any time, without notice, for violations of these Terms.

Section 14 – Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with these requirements: (i) include "Agent/[agent name]" in the HTTP/HTTPS user agent string; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or computer; (iv) not circumvent any measure intended to block, limit, or control Agent access.

Section 15 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive any termination.

Section 16 – Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY ROGUEWAVE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ROGUEWAVE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless ROGUEWAVE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of any other remaining provisions.

Section 20 – Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals between you and us.

Section 21 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 – Governing Law

These Terms shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where ROGUEWAVE is headquartered. You and ROGUEWAVE consent to venue and personal jurisdiction in such courts.

Section 23 – Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 – Contact Information

Questions about the Terms of Service should be sent to us at support@roguewaveus.com.

ROGUEWAVE
support@roguewaveus.com
1218 Bond St, San Luis Obispo, CA 93405, US