Terms of service
Terms & Conditions
Effective Date: August 27, 2026 Last Updated: October 26, 2026
Welcome to New Wave Weight Loss Systems.
These Terms & Conditions (“Terms”) govern your access to and use of getnewwaveweightloss.com (the “Website”), New Wave Weight Loss Systems products, programs, educational materials, online tools, coaching services, communications programs, and other services offered through or in connection with the Website (collectively, the “Services”).
Throughout these Terms, “New Wave,” “New Wave Weight Loss Systems,” “we,” “us,” and “our” refer to the business offering the Services.
By accessing the Website, purchasing a product or program, using the 63-Day Goal Calculator, participating in coaching, or otherwise using our Services, you agree to these Terms.
If you do not agree to these Terms, please do not use the Website or purchase or participate in our Services.
1. New Wave Weight Loss Systems
New Wave Weight Loss Systems provides weight-management and general wellness products, educational resources, nutrition guidance, structured routines, accountability, and coaching support.
The New Wave program is designed to provide customers with an organized approach to their weight-management goals.
New Wave does not replace individualized medical care, diagnosis, treatment, or medical nutrition therapy from a licensed healthcare professional.
2. The 63-Day New Wave Program
New Wave Weight Loss Systems offers a structured 63-day weight-loss program designed to support customers as they work toward their individual weight-management goals.
The program may include, depending upon the package purchased:
- A New Wave Weight Loss Kit
- Program instructions and educational materials
- Nutrition guidance
- Structured program routines
- Accountability support
- Progress guidance
- Virtual coaching
- Access to recipes and nutrition resources
- Other materials or benefits identified at the time of purchase
The exact contents and benefits of your purchase are those stated on the applicable product or checkout page at the time your order is placed.
3. Weight-Loss Results
New Wave Weight Loss Systems may advertise or describe the New Wave program as a program designed to support significant weight-loss goals during a 63-day period.
Individual results vary.
A statement concerning potential or reported weight loss does not mean that every participant will achieve that amount of weight loss.
Results can vary substantially depending upon numerous factors, including starting weight, body composition, age, nutrition, physical activity, consistency, adherence, medications, medical conditions, metabolism, sleep, lifestyle, and other individual circumstances.
Testimonials, photographs, reviews, examples, and individual customer experiences represent the experiences of the individuals depicted or described and should not be interpreted as a promise that another person will obtain identical results.
4. No Medical Advice
Information available through New Wave Weight Loss Systems is provided for general wellness, informational, and educational purposes.
Unless expressly stated otherwise in connection with a service delivered by an appropriately licensed healthcare professional, New Wave does not provide medical diagnosis, medical treatment, medical nutrition therapy, or individualized medical advice through this Website.
Nothing contained on the Website should be interpreted as a substitute for advice from your physician or another qualified healthcare professional.
You should consult an appropriate healthcare professional before beginning a new weight-loss, nutrition, supplement, or exercise program, particularly if you:
- Have an existing medical condition
- Take prescription medications
- Are pregnant or breastfeeding
- Have undergone recent surgery
- Have a history of eating disorders or disordered eating
- Have significant dietary restrictions
- Have been advised to follow a medically supervised diet
- Have any concern about whether the program is appropriate for you
If you experience symptoms that may constitute a medical emergency, seek immediate medical attention.
5. Eligibility
Unless expressly stated otherwise, New Wave programs and the 63-Day Goal Calculator are intended for adults 18 years of age or older.
By purchasing or participating in a New Wave program, you represent that you are legally capable of entering into these Terms.
New Wave reserves the right to decline or discontinue participation when reasonably necessary for safety, legal compliance, or circumstances outside the intended scope of our Services.
6. Purchases
When you submit an order, you agree that:
- The information you provide is accurate and complete.
- You are authorized to use the payment method submitted.
- You have reviewed the product or program description before purchasing.
- You have reviewed applicable purchase, shipping, and cancellation policies.
- You understand what is included with the package you selected.
Submitting an order does not necessarily constitute final acceptance of the transaction.
New Wave reserves the right to decline, cancel, or refund an order when reasonably necessary because of suspected fraud, payment problems, pricing or technical errors, inventory issues, inability to fulfill the order, or other legitimate business reasons.
7. Prices
Prices displayed on the Website are stated in U.S. dollars unless otherwise indicated.
Prices, promotions, packages, discounts, and program inclusions may change without advance notice.
The price applicable to your transaction is generally the price presented at the time you complete your purchase, subject to correction of obvious pricing or technical errors as permitted by law.
Applicable taxes, shipping charges, or other disclosed fees may be added to the purchase price.
8. Payment Processing
Payments may be processed through independent third-party payment, scheduling, commerce, or order-management providers.
By completing a transaction through a third-party provider, you may also be subject to that provider’s terms and privacy practices.
New Wave is not responsible for an independent payment provider’s system availability, approval decisions, security procedures, or other matters within that provider’s control.
9. Affirm Financing
New Wave may provide customers with access to financing through Affirm or another third-party financing provider.
Financing is not provided by New Wave Weight Loss Systems.
Financing availability, eligibility, approval, interest rates, payment amounts, repayment schedules, late-payment consequences, and other financing terms are determined by the applicable financing provider.
Selecting a financing option does not guarantee approval.
Any financing agreement is between you and the applicable financing provider and is governed by that provider’s terms.
10. Final Sale Policy
Except where otherwise expressly stated or where applicable law requires otherwise, New Wave Weight Loss System purchases are final sale.
Due to the nature of the products, program materials, coaching access, educational resources, and other components that may become available following purchase, we generally do not offer refunds, returns, exchanges, or store credits after an eligible order has been processed.
Nothing in this section limits any non-waivable rights or remedies available to consumers under applicable law.
ALL SALES ARE FINAL.
New Wave Weight Loss Systems does not accept returns or exchanges and does not issue refunds or store credits for completed purchases, except where otherwise required by applicable law.
Because New Wave products and programs may include physical products, proprietary program materials, educational resources, coaching access, and other benefits associated with your purchase, please review your order carefully before submitting payment.
By completing your purchase, you acknowledge that you understand and accept our Final Sale Policy.
NO REFUNDS
New Wave Weight Loss Systems maintains a no-refund policy on completed purchases except where applicable law requires otherwise.
We do not provide refunds because:
- You change your mind after purchasing
- You decide you no longer want to participate in the program
- You do not use the product
- You do not participate in included coaching
- You do not complete the program
- You do not achieve the particular weight-loss result you expected
- You entered an incorrect shipping address
- You are unavailable to receive the shipment
- A carrier experiences a delay after accepting the shipment
- You fail to retrieve a package after carrier delivery or attempted delivery
Individual weight-loss results vary, and dissatisfaction with an individual result does not create a right to a refund.
Nothing in this policy limits a consumer right or remedy that cannot legally be waived.
RETURNS ARE NOT ACCEPTED
Because all sales are final, New Wave Weight Loss Systems does not accept ordinary product returns.
Sending a product back to New Wave without prior written authorization does not create eligibility for a refund, exchange, or store credit.
Do not mail or ship products back to New Wave unless you have specifically been instructed to do so by an authorized New Wave representative.
Unauthorized returns may be refused.
WEIGHT-LOSS RESULTS AND REFUNDS
Individual weight-loss results vary.
An advertised, anticipated, testimonial, or example result is not a guarantee that every customer will achieve the same outcome.
A customer’s individual weight-loss result does not determine whether a properly fulfilled New Wave order is refundable.
11. Order Cancellations and Changes
Orders generally begin processing after they are submitted.
Except where required by applicable law or expressly permitted by New Wave, orders cannot be canceled or changed once processing has begun.
Customers are responsible for reviewing their order and shipping information before completing checkout.
If you discover an error immediately after ordering, contact New Wave as soon as possible. We cannot guarantee that an order can be changed after submission.
NO CANCELLATIONS OR ORDER CHANGES
ORDERS CANNOT BE CANCELED, MODIFIED, OR CHANGED ONCE SUBMITTED.
Once your order has been placed, it enters our order-processing and fulfillment system.
After submission, we cannot guarantee changes to:
- Products ordered
- Quantity
- Shipping method
- Shipping address
- Recipient information
- Payment method
- Coaching or program selections
Please verify all order and shipping information before completing checkout.
Submitting an order constitutes your authorization for New Wave Weight Loss Systems to begin processing and fulfilling your purchase.
12. Shipping and Delivery
Shipping and delivery estimates are estimates and are not guarantees unless expressly stated otherwise.
Processing and delivery may be affected by:
- Order volume
- Weekends and holidays
- Carrier delays
- Weather
- Incorrect or incomplete addresses
- Transportation disruptions
- Supply interruptions
- Events outside our reasonable control
Once a shipment has been transferred to a carrier, delivery operations are generally controlled by that carrier.
Customers are responsible for providing a complete and accurate shipping address.
New Wave is not responsible for delays caused by inaccurate information supplied by the customer.
ORDER PROCESSING
Orders are processed according to New Wave Weight Loss Systems’ current fulfillment procedures.
Processing time and shipping/transit time are separate.
Processing refers to the time required to prepare, verify, package, and release an order for shipment. Carrier transit time begins after the carrier accepts the shipment.
Weekends, holidays, unusually high order volume, inventory conditions, payment verification, or other circumstances may affect processing times.
Any processing or delivery dates displayed or communicated are estimates unless expressly identified as guaranteed.
SHIPPING CONFIRMATION & TRACKING
When your order has been prepared for shipment and tracking becomes available, tracking information may be sent to the email address, telephone number, or other contact information associated with your order.
Receipt of a tracking number means your shipment has entered or is entering the carrier-delivery process.
Customers are responsible for monitoring their tracking information and making appropriate arrangements to receive their shipment.
TRANSFER TO THE SHIPPING CARRIER
Once New Wave Weight Loss Systems has properly prepared your order and transferred the shipment into the possession of the selected shipping carrier, the package enters the carrier’s custody and delivery network.
New Wave Weight Loss Systems does not control the package while it is in the carrier’s possession.
To the extent permitted by applicable law, New Wave is not responsible for carrier-caused:
- Shipping or transit delays
- Lost packages
- Stolen packages
- Misdelivery
- Delivery to an incorrect location by the carrier
- Carrier routing errors
- Carrier scanning errors
- Missed delivery attempts
- Weather-related delays
- Transportation disruptions
- Packages marked delivered but subsequently missing
- Damage occurring while the shipment is in the carrier’s possession
- Other delivery failures caused by or occurring within the carrier’s delivery network
Once your order has been released to the selected carrier, questions regarding the location, transit status, or delivery of the package should first be directed to the carrier using the tracking number provided.
TRACKING INFORMATION
Customers should monitor their tracking information after receiving a tracking number.
Tracking information is generated and updated by the applicable carrier. New Wave Weight Loss Systems does not control the accuracy, timing, or frequency of carrier tracking updates.
A lack of immediate movement on a tracking page does not necessarily mean that an order has not been shipped.
Carrier scans may sometimes be delayed.
PACKAGES MARKED “DELIVERED”
If carrier tracking identifies your package as delivered, but you cannot locate it, you should:
- Check all areas where the carrier may have left the package.
- Check with other household members, building staff, reception areas, mailrooms, neighbors, or other authorized recipients when applicable.
- Review the carrier’s tracking information.
- Contact the shipping carrier directly and request a delivery investigation or trace.
New Wave Weight Loss Systems is not responsible for theft or disappearance of a package after confirmed carrier delivery, except where applicable law provides otherwise.
LOST PACKAGES
If a shipment appears to have been lost while in transit, the customer should contact the applicable shipping carrier and initiate the carrier’s lost-package investigation process.
New Wave may provide reasonable information available from our records to assist with an investigation when appropriate.
However, carrier loss does not automatically entitle the purchaser to a refund from New Wave Weight Loss Systems.
Any available carrier claim, insurance, replacement, or other remedy will depend upon the circumstances of the shipment and applicable carrier procedures.
SHIPPING DELAYS
Carrier delays are outside the direct control of New Wave Weight Loss Systems.
Possible causes include severe weather, natural disasters, holidays, transportation interruptions, carrier staffing issues, regional disruptions, incorrect routing, peak shipping periods, and other circumstances.
A carrier delay does not constitute cancellation of your New Wave order and does not, by itself, create eligibility for a refund.
INCORRECT OR INCOMPLETE SHIPPING ADDRESSES
Customers are responsible for providing a complete and accurate shipping address when placing an order.
Please verify your:
- Street address
- Apartment, suite, or unit number
- City
- State
- ZIP code
- Recipient name
New Wave Weight Loss Systems is not responsible for delivery failures caused by incorrect or incomplete shipping information supplied by the customer.
Because orders cannot be changed once they have entered processing, New Wave cannot guarantee that an address can be corrected after an order is submitted.
RETURNED-TO-SENDER PACKAGES
If a package is returned to New Wave because of an incorrect or incomplete address, refusal of delivery, failure to retrieve the package, unsuccessful delivery attempts, or another customer-related delivery issue, the original purchase remains subject to our Final Sale and No Refund policies.
Additional shipping and handling charges may apply if New Wave agrees to reship an eligible returned package.
REFUSED DELIVERIES
Refusing delivery of an order does not cancel the transaction.
A package refused by the recipient remains subject to the Final Sale, No Cancellation, and No Refund policies described above, except where otherwise required by law.
13. Damaged or Incorrect Orders
If your shipment arrives damaged or you believe you received an incorrect product, please contact New Wave promptly.
When requested, you may be required to provide:
- Your name
- Order number
- Photographs of the shipping package
- Photographs of the product
- Photographs showing the damage or error
- Other information reasonably necessary to investigate the issue
Reporting an issue does not automatically entitle a customer to a refund. New Wave will review qualifying claims and determine an appropriate remedy consistent with applicable law and our policies.
IF NEW WAVE SENDS THE WRONG ITEM
Our Final Sale Policy does not mean that New Wave will ignore a fulfillment error made by us.
If you receive a product materially different from what you ordered because of a New Wave fulfillment error, contact us promptly so we can review the matter.
We may require photographs of:
- The product received
- Product packaging
- Shipping label
- Packing materials
- Other information reasonably necessary to verify the claim
When New Wave confirms that an incorrect item was shipped because of our fulfillment error, we will determine the appropriate corrective action consistent with applicable law and our policies.
DAMAGED SHIPMENTS
If a shipment appears to have been damaged during carrier transit, retain the product, original shipping box, packaging materials, and shipping label.
Take clear photographs documenting the condition of the package and product.
Carrier-related shipping damage may require a claim or investigation with the shipping carrier.
Do not discard damaged packaging while a claim is being reviewed, as the carrier may require evidence or inspection.
14. Virtual Coaching
Certain New Wave packages may include a specified period of virtual coaching.
Coaching is intended to provide general wellness education, nutrition guidance, accountability, motivation, and program support within the scope of the applicable service.
Coaching does not create a physician-patient relationship or other licensed healthcare-provider relationship merely because coaching services are provided.
Customers remain responsible for their personal decisions, dietary choices, physical activity, adherence, and obtaining appropriate medical care when necessary.
Coaching availability, communication methods, appointment procedures, and other program details may be established separately.
PROGRAM AND COACHING COMPONENTS
A New Wave Weight Loss Kit purchase may include physical products together with program materials, educational resources, virtual coaching, or other benefits described with the applicable package.
Failure to use or participate in an included program component does not convert the purchase into a refundable transaction.
Unused coaching or educational resources do not have a separate cash value unless expressly stated otherwise.
MEMBERSHIP ACTIVATION AND COACHING ACCESS
The New Wave Weight Loss program includes a physical kit and access to virtual coaching and a member portal. Membership account activation and virtual coaching access begin following confirmed physical delivery of the program kit. Login credentials and account access instructions are issued after delivery verification is complete.
Customers who have not yet received physical delivery of their kit should not expect account access prior to that delivery confirmation. Delayed delivery due to carrier handling, address corrections, or other transit factors does not entitle a customer to early account access or a refund. Once physical delivery is confirmed, account activation will be completed within the timeframe communicated during onboarding.
15. Coaching Participation
Customers are expected to participate respectfully and appropriately in coaching services.
New Wave reserves the right to restrict or terminate coaching access for conduct including:
- Harassment
- Threats
- Abusive behavior
- Fraudulent activity
- Misuse of program resources
- Unauthorized recording or distribution of coaching sessions
- Repeated violations of program policies
Termination for misconduct does not necessarily create a right to a refund.
16. Missed Coaching Sessions
If scheduled coaching appointments are included with your package, customers are responsible for attending appointments as scheduled and following any cancellation or rescheduling requirements communicated for the coaching program.
Missed sessions, late cancellations, or unused coaching benefits may expire according to the terms disclosed for the applicable program.
Purchasing a program does not guarantee indefinite access to unused coaching services.
17. 63-Day Goal Calculator
The 63-Day Goal Calculator is provided as a general educational tool.
Calculator results may include estimates concerning:
- Body mass index (BMI)
- Estimated energy requirements
- Estimated maintenance calories
- General calorie planning information
- Protein planning estimates
- Hydration estimates
- Current-to-goal weight differences
- A 63-day weight-loss goal perspective
These calculations are mathematical estimates based upon information entered by the user.
They are not individualized medical recommendations.
Actual nutritional and energy requirements may differ significantly from calculator estimates.
You should not use the calculator to diagnose a medical condition, determine whether medication is necessary, replace professional nutritional counseling, or make significant medical decisions.
18. Nutrition and Recipe Information
Recipes, meal ideas, nutrition articles, calorie information, food suggestions, hydration information, and other nutritional content on the Website are provided for general educational purposes.
Nutritional values may be estimates and can vary based upon ingredients, brands, serving sizes, preparation methods, substitutions, and measurement differences.
Customers with allergies, intolerances, medical dietary restrictions, or other special nutritional requirements are responsible for verifying that ingredients and recipes are appropriate for them.
19. Supplements and Product Information
Where the New Wave program includes or discusses supplements or wellness products, customers should follow the product label and applicable directions.
Do not exceed recommended usage.
Product statements should not be interpreted as claims that a product diagnoses, treats, cures, or prevents disease unless expressly authorized by applicable law.
Customers should consult an appropriate healthcare professional regarding potential interactions with medications, medical conditions, pregnancy, breastfeeding, or other individual circumstances.
20. Customer Responsibility
Your participation in New Wave is voluntary.
You are responsible for:
- Providing accurate information
- Following applicable product instructions
- Making appropriate food and lifestyle choices
- Seeking medical guidance when appropriate
- Monitoring your own health and wellbeing
- Discontinuing activities that cause concerning symptoms
- Using reasonable judgment when applying educational information
New Wave provides a system, resources, and support. Your individual choices and participation remain your responsibility.
BEFORE PLACING YOUR ORDER
Before completing your New Wave purchase, please:
Review your order carefully. Verify your shipping information. Confirm that you understand what you are purchasing. Review this Shipping & Returns Policy and our Terms & Conditions.
Once your order is submitted:
ALL SALES ARE FINAL.
NO CANCELLATIONS.
NO ORDER CHANGES.
NO REFUNDS OR EXCHANGES EXCEPT AS REQUIRED BY LAW.
21. Testimonials and Before-and-After Content
New Wave may publish testimonials, reviews, photographs, weight-loss results, or other customer experiences with appropriate authorization.
These examples are provided to demonstrate individual experiences.
They are not guarantees or representations that every customer will achieve the same or similar results.
22. Intellectual Property
Unless otherwise indicated, the Website and New Wave materials—including the New Wave name, branding, program materials, written content, graphics, recipes created for the program, educational materials, downloadable resources, page designs, photographs owned by New Wave, and other proprietary materials—are owned by or licensed to New Wave and are protected by applicable intellectual-property laws.
You may use program materials for your personal, noncommercial participation in New Wave.
You may not, without prior written authorization:
- Reproduce program materials for commercial purposes
- Sell or resell New Wave materials
- Copy or distribute proprietary program content
- Publish paid program materials online
- Create derivative commercial programs from proprietary New Wave content
- Remove copyright or proprietary notices
- Use New Wave branding in a manner that suggests unauthorized affiliation
23. Website Use
You agree not to misuse the Website.
Prohibited activities include attempting to interfere with Website security, introducing malicious software, accessing restricted systems without authorization, scraping content in violation of applicable law, impersonating another person, conducting fraudulent transactions, or using the Website for unlawful purposes.
24. Third-Party Websites and Services
The Website may contain links to third-party services, including payment processors, financing providers, social-media platforms, and other websites.
New Wave does not control independently operated third-party services.
Your use of a third-party service is governed by that provider’s terms, privacy policy, and other applicable agreements.
25. Website Availability
We make reasonable efforts to maintain the Website but do not guarantee uninterrupted or error-free availability.
The Website may occasionally be unavailable because of maintenance, hosting problems, security issues, updates, technical failures, or circumstances outside our control.
26. Disclaimer of Warranties
To the extent permitted by applicable law, the Website, educational content, calculators, and Services are provided on an “as available” basis.
We do not warrant that the Website will always operate without interruption or that every piece of information will be free from technical or typographical error.
Nothing in these Terms excludes warranties or consumer protections that cannot lawfully be excluded.
27. Limitation of Liability
To the fullest extent permitted by applicable law, New Wave Weight Loss Systems will not be liable for indirect, incidental, special, consequential, or punitive damages arising solely from use of the Website or general educational tools.
Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by law, including any liability that cannot legally be waived.
28. Indemnification
To the extent permitted by law, you agree to indemnify and hold New Wave harmless from third-party claims, liabilities, damages, or expenses arising from your unlawful misuse of the Website, violation of these Terms, or infringement of another person’s rights.
This provision does not require a consumer to indemnify New Wave for New Wave’s own unlawful conduct where prohibited by law.
29. Privacy
Your use of the Website is also subject to our Privacy Policy.
Our Privacy Policy explains how information may be collected, used, disclosed, and protected when you interact with New Wave Weight Loss Systems, including information associated with our SMS/MMS messaging programs.
30. Electronic Communications and SMS/MMS Messaging
By contacting New Wave Weight Loss Systems electronically or using our online Services, you may receive electronic communications relating to transactions, inquiries, products, or services you request where permitted by applicable law. Electronic communications may include email communications concerning orders, customer service, coaching, appointments, or other services you have requested.
New Wave Weight Loss Systems also offers optional SMS/MMS messaging programs. Participation in SMS/MMS messaging is voluntary and is not required to purchase any product or service, use the Website, participate in the New Wave program, or receive customer service.
New Wave maintains separate consent for non-marketing SMS/MMS communications and marketing SMS/MMS communications. Consent to one category of messages does not constitute consent to the other category.
Non-Marketing SMS/MMS Communications. You may separately choose to receive recurring informational, transactional, and service-related SMS/MMS messages from New Wave Weight Loss Systems. These messages may include customer-service communications, order and shipping updates, virtual coaching and program communications, appointment information, reminders, follow-ups, and other communications relating to products or services you have requested.
Consent to receive non-marketing SMS/MMS communications is collected separately through an affirmative opt-in method, such as a dedicated checkbox on our SMS enrollment form. Where a checkbox is used, it is presented as a separate consent choice and is not selected by default.
Marketing SMS/MMS Communications. You may separately choose to receive recurring marketing and promotional SMS/MMS messages from New Wave Weight Loss Systems, which may include promotions, special offers, discounts, product or program announcements, and other New Wave marketing communications.
Marketing SMS/MMS consent is collected separately from consent to receive informational, transactional, or service-related messages. Where a checkbox is used, the marketing consent checkbox is presented as a separate optional choice and is not selected by default.
Providing consent to receive non-marketing SMS/MMS messages does not constitute consent to receive marketing or promotional SMS/MMS messages. You may choose to consent to one category, both categories, or neither category.
Consent to receive SMS/MMS messages, including marketing messages, is not a condition of purchasing any product or service from New Wave Weight Loss Systems.
Providing a mobile telephone number alone does not constitute consent to receive marketing SMS/MMS messages. Acceptance of these Terms & Conditions or our Privacy Policy also does not, by itself, constitute consent to receive SMS/MMS marketing messages.
If you affirmatively enroll in an applicable SMS/MMS messaging category, you authorize New Wave Weight Loss Systems to send messages within the category for which you provided consent to the mobile telephone number you supplied.
Message frequency varies. Message and data rates may apply depending upon your wireless carrier and service plan.
You may opt out of SMS/MMS messages at any time by replying STOP. Following an opt-out request, you may receive a final message confirming that your opt-out request has been processed.
For assistance with SMS/MMS communications, reply HELP or contact New Wave Weight Loss Systems at (833) 805-4883.
Wireless carriers are not liable for delayed or undelivered messages. Message delivery may be affected by your carrier, mobile device, network availability, or other circumstances outside New Wave’s reasonable control.
Your mobile telephone number, SMS/MMS opt-in information, communication preferences, and consent records are handled in accordance with our Privacy Policy.
New Wave Weight Loss Systems does not share, sell, rent, or provide mobile telephone numbers or SMS/MMS opt-in and consent information to third parties or affiliates for their own marketing or promotional purposes.
Mobile information may be provided to telecommunications carriers, messaging providers, technology providers, and other service providers acting on our behalf when reasonably necessary to operate and deliver the SMS/MMS messaging services requested by the customer.
Our SMS/MMS enrollment page is available at getnewwaveweightloss.com/sms-updates/.
Marketing and non-marketing SMS/MMS communications are subject to applicable law, these Terms, our Privacy Policy, and your applicable communication preferences and opt-out rights.
31. Changes to Programs and Services
New Wave may improve, update, modify, discontinue, or replace portions of its Website, products, educational content, or future program offerings.
Changes to future offerings do not necessarily alter the specific products or benefits already purchased by an existing customer.
If a material purchased benefit becomes unavailable, New Wave may provide a reasonably comparable alternative where appropriate.
32. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law or another mandatory law applies.
Nothing in these Terms deprives a consumer of rights that cannot legally be waived.
33. Disputes
Before initiating formal litigation concerning a dispute arising from a New Wave purchase or Service, we encourage customers to contact us so that we have a reasonable opportunity to investigate and attempt to resolve the matter.
Nothing in this provision prevents either party from exercising rights or remedies that cannot lawfully be restricted.
CHARGEBACKS AND DISPUTE RESOLUTION
Before initiating any chargeback or dispute with your bank or card issuer, customers are required to contact New Wave Weight Loss Systems directly at (833) 805-4883 to allow us the opportunity to resolve the matter. Contacting your bank before contacting us does not satisfy this requirement.
Premature Disputes. All delivery dates and shipping timeframes communicated at checkout, in order confirmations, and via Shopify or Shop Pay are estimates only and are not guaranteed delivery dates. A chargeback or dispute filed on the basis of non-receipt before the stated estimated delivery window has fully elapsed is premature under applicable card network operating rules and will be formally contested in its entirety, including recovery of all associated dispute fees.
Buyer’s Remorse. A change of mind, decision not to participate in the program, or desire to cancel after an order has been placed and fulfilled does not constitute a valid basis for a chargeback under Visa, Mastercard, or any applicable card network’s dispute rules. Chargebacks filed on non-receipt grounds when the actual reason is buyer’s remorse or a cancellation decision are invalid disputes and will be contested as such.
$575 Restocking Fee for Unwarranted Chargebacks. In the event of an unwarranted chargeback or payment dispute involving merchandise that is subsequently refused, returned, or otherwise sent back to New Wave Weight Loss Systems, a $575 restocking fee will apply to the returned merchandise to the extent permitted by applicable law. This fee covers costs associated with receiving, inspecting, handling, processing, and restocking the returned merchandise and may be deducted from any return credit otherwise due.
New Wave Weight Loss Systems maintains complete records of all transactions, communications, order confirmations, shipping documentation, and policy acknowledgments. All disputes, including those determined to be premature, fraudulent, or filed in bad faith, will be responded to with full documentation and pursued through all available representment and arbitration processes.
UNWARRANTED CHARGEBACKS, RESTOCKING FEES, AND RECOVERY OF FINANCIAL LOSSES
New Wave Weight Loss Systems expressly reserves all available contractual and legal rights to recover financial losses arising from knowingly false, fraudulent, materially misleading, or otherwise wrongful payment disputes.
A chargeback does not automatically cancel a valid purchase agreement, discharge an outstanding payment obligation, or relieve a customer of financial responsibility for merchandise lawfully purchased, shipped, and delivered.
Where a customer knowingly misrepresents the circumstances of a transaction, including falsely alleging non-delivery, misrepresenting an applicable delivery deadline, or obtaining payment reversal while retaining merchandise for which payment remains lawfully due, New Wave Weight Loss Systems reserves the right to pursue recovery of the outstanding purchase balance and documented financial losses caused by such conduct.
Recoverable amounts may include unpaid merchandise charges, nonrefunded payment-processing and dispute fees, shipping and fulfillment expenses, merchandise recovery expenses, and other actual damages and reasonable enforcement costs recoverable under applicable law.
$575 RESTOCKING AND HANDLING FEE
Where merchandise is returned or recovered following an unauthorized cancellation, wrongful payment reversal, or other circumstances in which a restocking charge is contractually and legally permitted, a restocking and handling fee of $575 may apply. This fee is intended to address applicable costs associated with receiving, inspecting, processing, handling, and restoring merchandise to inventory, including applicable product-integrity and inventory requirements.
Any assessment of this fee remains subject to applicable legal requirements and the circumstances of the merchandise return.
CONTINUING FINANCIAL OBLIGATIONS
Where a chargeback results in the reversal of payment for merchandise the customer received and remains legally obligated to pay for, New Wave Weight Loss Systems reserves the right to pursue the outstanding balance through lawful collection procedures, civil recovery, or other available remedies.
New Wave Weight Loss Systems further reserves the right to challenge unsupported disputes through applicable payment-network procedures and seek recovery of additional legally recoverable losses arising from independently established wrongful conduct.
No customer will be charged twice for the same recovered loss.
34. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.
35. No Waiver
A failure by New Wave to enforce a provision of these Terms on one occasion does not necessarily waive the right to enforce that provision in the future.
36. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms expressly presented at the time of purchase, constitute the applicable agreement regarding use of the Website and Services, subject to rights that cannot be waived under applicable law.
If specific written terms presented for a particular product or service conflict with these general Website Terms, the more specific terms will control with respect to that product or service to the extent permitted by law.
The New Wave Weight Loss Systems Shipping Policy, Return and Refund Policy, and any applicable membership or program-specific terms presented in connection with a purchase are incorporated into these Terms to the extent permitted by applicable law.
37. Changes to These Terms
New Wave may update these Terms periodically to reflect changes in our Services, business practices, technology, communications programs, or applicable law.
The “Last Updated” date at the top of this page will indicate the most recent revision.
Changes will apply prospectively as required by applicable law and will not retroactively eliminate rights that have already accrued.
Contact New Wave Weight Loss Systems
Questions concerning these Terms & Conditions or our SMS/MMS messaging programs may be directed to:
New Wave Weight Loss Systems Phone: (833) 805-4883 Website: getnewwaveweightloss.com