The Website is provided to Customers without charge as a convenience and for their information only. By merely providing access to the Website, iWrapViny does not represent or warrant that: (a) the Website will perform in accordance with Customer’s expectations, (b) Customer’s access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained from or through the Website is or will be accurate or complete.
At Customer’s request, iWrapViny’s online system will automatically design a vehicle wrap for Customer, using the information and parameters provided by Customer through the Website. Each vehicle wrap designed by iWrapViny for Customer will be referred to in these Terms as a “Product”. The design and specifications of each Product will be referred to in these Terms as the “Product Design”. It is Customer’s responsibility to provide complete and accurate information, such as a vehicle’s make and model, to create the Product Design. Once a Product Design has been created, iWrapViny may present it to Customer for its review and approval. If Customer approves a Product Design, iWrapViny will send the details of the Product Design to a print shop located in Customer’s geographic area, selected by iWrapViny in its sole discretion (each, a “Print Shop”), for printing, production and installation of the Product. Customer may only use the Print Shop selected by iWrapViny to complete the production and installation of the Product, and Customer is prohibited from taking the Product Design to an alternative print shop that is not chosen by iWrapViny for installation and/or production. Customer acknowledges that iWrapViny does not print or produce any vehicle wraps. As such, Customer acknowledges the Print Shop is responsible for the production and installation of the Product.
Customer has the option to only purchase the Product from iWrapViny and take the Product to its installer of choice (“Self Installation”). If Customer decides to proceed with Self Installation for the Product, Customer proceeds with such installation at its own risk. iWrapViny shall have no responsibility or liability for any Self-Installation. Customer shall not be eligible for a refund of the Product if Customer uses Self Installation.
In some instances, iWrapViny will need to rely solely on Customer’s information and measurements with respect to a Product Design. iWrapViny shall not be responsible for any issues with a Product Design caused by inaccurate information or measurements provided by the Customer. In the event of an issue caused by inaccurate information or measurements provided by Customer, such as vehicle make and model, Customer will be solely responsible for any additional fees incurred by iWrapViny to remedy the Product Design. Upon identification of a Product Design issue, iWrapVinyl will contact Customer with an explanation of the issue and a quotation to resolve such issue.
Customer acknowledges that, in designing each Product, iWrapVinyl relies heavily on the photographs, artwork, logos, graphics, text, data and/or other content (collectively, “Content”) available on Customer’s website or provided by the customer. Customer represents and warrants to iWrapViny that: (a) all information provided by Customer to iWrapViny is and will be true and correct in all respects; (b) Customer either owns all rights to all Content on its website or has sufficient rights and permission in its Content to permit iWrapViny to design and develop a Product Design for Customer under these Terms; and (c) the use of Customer’s Content in any Product designed and/or produced by iWrapViny and/or its designated Print Shop will not infringe or violate any third party’s patent, copyright, trademark, trade secret or other intellectual property rights.
The Product shall be for the exclusive use of the Customer. Upon full payment, reproduction rights for the Product and Product Design shall be granted to Customer for installation of the Product. The Product Design and all original materials created by iWrapViny for the Product remain the property of iWrapViny and may not be used by Customer without the written permission of iWrapViny. iWrapViny retains the right to use the Product, Product Design, and any preliminary designs for the purpose of design competitions, future publications on design, marketing materials, posting on iWrapViny’s website or social media channels, and iWrapViny’s physical portfolio.
Customer authorizes iWrapViny to transfer and deliver any Product Design created for Customer to the designated Print Shop, together with Customer’s contact information. Customer acknowledges that iWrapViny shall select the Print Shop and material(s) for the Product in its sole discretion. Customer acknowledges that the Print Shop will be solely responsible for printing, producing and installing any Product on Customer’s vehicles. Customer authorizes iWrapViny to coordinate installation of the Customer’s Product with Print Shop. In no event will iWrapViny have any liability or responsibility for any Product printed, produced or installed by a Print Shop, or for any claims related thereto.
Charges for the Product will be set out in the quotation provided to Customer. At the time of the Customer’s signed acceptance of the quotation, a non-refundable payment of 50% of the quoted fee will become immediately due. The remaining 50% of the quotation total will be due upon completion of the Product upon Customer’s acceptance of such Product. Acceptance of the Product occurs upon payment by Customer.
In the event of unforeseen charges relating to creation or installation of a Product, Customer will be contacted and provided a supplemental quote for the Product. No additional work will be completed until approval and acceptance of the supplemental quote is provided by Customer. Customer must provide approval and acceptance of supplemental charges within one (1) business day and payment for the charges as outline in the supplemental quote will be collected in a timeframe selected by iWrapViny. Unforeseen charges include, but is not limited to, removal of existing graphics, after-market accessories, and vehicles requiring repair prior to installation.
Any and all approvals that Customer is required to provide under these Terms will be delivered in a timely manner two (2) business days so as to enable iWrapViny to carry out its obligations hereunder.
Customer is solely liable for any Product Design’s compliance with any local, state, or federal requirements.
All personal data that Customer provides through the Website will be handled in accordance with iWrapViny ‘s Privacy Policy wrapmate.com/privacy. Children under the age of eighteen (18) are prohibited from submitting any personally identifiable information. If iWrapViny learns that a user under the age of eighteen (18) is using the Website, then iWrapViny will use commercially reasonable efforts to block that user from using the Website.
Customer will defend, indemnify and hold harmless iWrapViny and its officers, directors, employees, agents, affiliates, Print Shops, successors and assigns from and against any and all costs, claims, damages, expenses and liabilities of any kind (including, but not limited to, reasonable attorneys’ fees and costs) with respect to any claims or suits arising out of any act or omission of Customer, its officers, directors, employees, agents, affiliates, successors or assigns, connected with or related to these Terms and the services provided by iWrapViny, including, but not limited to, claims arising from: (a) any breach or violation of Customer’s obligations under these Terms; (b) Customer’s Content; or (c) Customer’s use or reproduction of any Product or Product Design. If a claim for indemnity is made under this Section, iWrapViny will give Customer prompt written notice of any alleged liability or action and will tender the full defense thereof to Customer. iWrapViny will not be liable for any settlement of any such liability or action effected by Customer without the prior written consent of iWrapViny.
Customer agrees that its use of any product designs created by iWrapViny is at its sole risk, and acknowledges that all services provided by iWrapViny are provided “As is” and “As available”. To the extent not prohibited by applicable law, iWrapViny disclaims all warranties and conditions, whether express, implied or statutory, other than those expressly set forth in these terms, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, with respect to any product, product design, and any other goods and/or services provided to customer under these terms.
(a) Under no circumstances, including, but not limited to, negligence, will iWrapViny, its officers, directors, employees, agents, affiliates, print shops, successors or assigns be liable to customer for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if iWrapViny has been specifically advised of the possibility of such damages, arising from the use of or inability to use the product or product design, or otherwise, including, but not limited to, any lost revenue, lost business, lost profits, lost goodwill, lost data, lost use of data or other pecuniary loss, that customer may suffer or incur.
(b) iWrapViny’s maximum liability for any damages arising out of or related to these terms or any services provided to customer, whether in contract, tort (including, but not limited to, negligence) or otherwise, will in no event exceed, in the aggregate, the greater of (i) the aggregate sum paid to iWrapViny under these terms with respect to any particular product or product design, or (ii) $100.00, even if iWrapViny has been advised of the claim or potential claim.
iWrapViny will not be liable for any failure to fulfill its obligations under these Terms or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, acts of cyber-terrorism, cyber-espionage or cyber-hacking, delays in transportation or inability to obtain labor or materials through its regular sources. iWrapViny’s time for performance of any such obligation will be extended for the time period of such delay or iWrapViny may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Customer. No penalty of any kind will be effective against iWrapViny for any such delays in performance or cancellation.
iWrapViny reserves the right to terminate Customer’s account or right to access the Website at any time, without notice, for conduct that iWrapViny believes violates these Terms and/or is harmful to other users of the Website, to iWrapViny, to its partners, to the business of the Website’s service provider, or to other service or information providers.
These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Website, Customer agrees that any action at law or in equity arising out of or relating to its use of the Website, these Terms or any Product Design created by iWrapViny will be filed only in the state or federal courts sitting in Los Angeles, California, and Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
iWrapViny makes no representation that Customer may lawfully use the Website or any Product Design in all jurisdictions. Access to the Website from jurisdictions where such access or actions are illegal is expressly prohibited. If Customer chooses to access the Website from such a jurisdiction, it does so on its own initiative and is responsible for compliance with applicable local laws. iWrapViny is not responsible for any violation of law. Customer may not use or export any Product Design in violation of U.S. export laws and regulations. Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which Customer is located (if different from the United States).
Customer may not assign its rights or obligations with respect any Product or Product Design to any third party without iWrapViny’s prior written consent. These Terms constitute the entire agreement between the parties, supersede all prior agreements and understandings, express or implied, oral or written, relating to the subject matter hereof. These Terms will be binding upon and inure to the benefit of iWrapViny and Customer, and their respective representatives, successors and permitted assigns.
By entering data into iWrapViny’s Website and requesting that iWrapViny design or install a vehicle wrap for Customer, Customer consents to and agrees to be bound by these Terms. If iWrapViny decides to change any aspect of these Terms, it will make an effort to post those changes on this web page so that Customer will always be able to understand and agree to the terms and conditions governing its use of the services provided by iWrapViny. Customer’s use of the Website after iWrapViny posts notice of any changes to these Terms on this web page will signify Customer’s assent to and acceptance of the revised Terms. If Customer has any questions or comments of any kind, please let iWrapViny know by sending comments or requests to:
