Customers should review these Terms regularly as they may change at any time in the sole discretion of iWrapVinyl.
At Customer’s request, iWrapVinyl’s designers will design a vehicle wrap for Customer, using the information and parameters provided by Customer through the Website and Text/Email Communication. Each vehicle wrap designed by iWrapVinyl 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, iWrapVinyl may present it to Customer for its review and approval. If Customer approves a Product Design, iWrapVinyl will send the details of the Product Design to print at iWrapVinyl for printing, production and installation of the Product. Customer may only use iWrapVinyl to complete the production and installation of the Product, and Customer is prohibited from taking the Product Design to an alternative print shop.
In some instances, iWrapVinyl will need to rely solely on Customer’s information and measurements with respect to a Product Design. iWrapVinyl 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 iWrapVinyl 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 iWrapVinyl that: (a) all information provided by Customer to iWrapVinyl 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 iWrapVinyl 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 iWrapVinyl 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 iWrapVinyl for the Product remain the property of iWrapVinyl and may not be used by Customer without the written permission of iWrapVinyl. iWrapVinyl 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 iWrapVinyl’s website or social media channels, and iWrapVinyl’s physical portfolio.
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 iWrapVinyl. 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 iWrapVinyl to carry out its obligations hereunder.
All personal data that Customer provides through the Website will be handled in accordance with iWrapVinyl’s Privacy Policy. Children under the age of eighteen (18) are prohibited from submitting any personally identifiable information. If iWrapVinyl learns that a user under the age of eighteen (18) is using the Website, then iWrapVinyl will use commercially reasonable efforts to block that user from using the Website.
Customer will defend, indemnify and hold harmless iWrapVinyl 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 iWrapVinyl, 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, iWrapVinyl will give Customer prompt written notice of any alleged liability or action and will tender the full defense thereof to Customer. iWrapVinyl will not be liable for any settlement of any such liability or action effected by Customer without the prior written consent of iWrapVinyl.
Customer agrees that its use of any product designs created by iWrapVinyl is at its sole risk, and acknowledges that all services provided by iWrapVinyl are provided “As is” and “As available”. To the extent not prohibited by applicable law, iWrapVinyl 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 iWrapVinyl, 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 iWrapVinyl 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) iWrapVinyl’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 iWrapVinyl under these terms with respect to any particular product or product design, or (ii) $100.00, even if iWrapVinyl has been advised of the claim or potential claim.
iWrapVinyl 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. iWrapVinyl’s time for performance of any such obligation will be extended for the time period of such delay or iWrapVinyl 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 iWrapVinyl for any such delays in performance or cancellation.
iWrapVinyl reserves the right to terminate Customer’s account or right to access the Website at any time, without notice, for conduct that iWrapVinyl believes violates these Terms and/or is harmful to other users of the Website, to iWrapVinyl, 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 iWrapVinyl 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.
iWrapVinyl 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. iWrapVinyl 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 iWrapVinyl’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 iWrapVinyl and Customer, and their respective representatives, successors and permitted assigns.
By entering data into iWrapVinyl’s Website and requesting that iWrapVinyl design or install a vehicle wrap for Customer, Customer consents to and agrees to be bound by these Terms. If iWrapVinyl 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 iWrapVinyl. Customer’s use of the Website after iWrapVinyl 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 iWrapVinyl know by sending comments or requests to: [email protected]