User Agreement & Policies

This Agreement governs your use of the Site and the Wave Graphics service (the “Service”). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

Intellectual Property Rights of Wave Graphics and Third Parties

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Wave Graphics and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Wave Graphics retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, Wave Graphics has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Wave Graphics production.

You agree to not use Wave Graphics’s Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Wave Graphics recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Wave Graphics Service except that: (i) Wave Graphics may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary; (ii) Wave Graphics may provide information about you and your order to its subcontractors; and (iii) Wave Graphics may share information about you with its marketing partners and affiliates for purposes of marketing Wave Graphics. Wave Graphics collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails that may be of interest to you. While this information may be used by us for marketing purposes, it is never shared or sold to other organizations for commercial purposes.

Anti-Sweat Shop Policy

Wave Graphics supports high standards of working conditions for our in-house manufacturing labor personnel.

Payment Policies

Wave Graphics accepts online or telephone payment via credit card, debit card, or PayPal. All payments sent electronically are securely transmitted. Wave Graphics also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.

Shipment / Delivery Times

Wave Graphics’s orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. ASAP orders on screen-printed and embroidery apparel items are available for a 25% rush charge. ASAP orders are delivered within 7 days. Delivery times may vary during the holiday seasons.

Returns Policy

Wave Graphics goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Wave Graphics accepts returns and will refund payment if and when customers are disappointed by Wave Graphics merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Limit of Wave Graphics’s Responsibility

Wave Graphics will be responsible for acting only on those instructions sent to Wave Graphics that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Wave Graphics is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Wave Graphics is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”. Wave Graphics does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

In no event will Wave Graphics be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Wave Graphics, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Intellectual Property Claims

Wave Graphics respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Wave Graphics please provide written notice to the following agent for notice of claims of infringement:

IP Department

Wave Graphics Inc

320 N. 2nd Street

Mattoon, IL 61938

Tel: 217-235-8105

Indemnity

You agree to defend, indemnify and hold Wave Graphics and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Wave Graphics’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Governing Law

This Agreement shall be governed by the laws of the State of Illinois and, where applicable, by federal law.