Terms and Conditions
IMPORTANT -- READ THIS CAREFULLY BEFORE CONTINUING!
By clicking on the "AGREE" button below, you indicate your acceptance of the following Terms and Conditions.
WRAPMATE WEBSITE & MOBILE APP
TERMS AND CONDITIONS OF SERVICE
Please read the following Terms and Conditions of Service (the "Terms") carefully before using any website or mobile applications of Wrapmate, Inc. and its affiliates ("Wrapmate"), including, but not limited to, the Wrapmate website, available at www.wrapmate.com, and any Wrapmate mobile application, as well as any communications features, online features, services and/or programs offered by Wrapmate (collectively, the "Website").
By accessing or using the Website, each user or customer (each, a “Customer”) agrees to the following Terms. If any Customer does not agree to any portion of these Terms, that Customer should not access or otherwise use the Website.
Customers should review these Terms regularly as they may change at any time in the sole discretion of Wrapmate.
- Convenience and Information Only. The Website is provided to Customers without charge as a convenience and for their information only. By merely providing access to the Website, Wrapmate 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.
- Design. At Customer's request, Wrapmate'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 Wrapmate 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, Wrapmate may present it to Customer for its review and approval. If Customer approves a Product Design, Wrapmate will send the details of the Product Design to a print shop located in Customer's geographic area, selected by Wrapmate 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 Wrapmate 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 Wrapmate for installation and/or production. Customer acknowledges that Wrapmate 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.
- Installation. Customer has the option to only purchase the Product from Wrapmate 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. Wrapmate 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.
- Product Design Inaccuracies. In some instances, Wrapmate will need to rely solely on Customer’s information and measurements with respect to a Product Design. Wrapmate 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 Wrapmate to remedy the Product Design. Upon identification of a Product Design issue, Wrapmate will contact Customer with an explanation of the issue and a quotation to resolve such issue.
- Customer's Content. Customer acknowledges that, in designing each Product, Wrapmate 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 Wrapmate that: (a) all information provided by Customer to Wrapmate 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 Wrapmate 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 Wrapmate 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.
- Wrapmate's Ownership. 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 Wrapmate for the Product remain the property of Wrapmate and may not be used by Customer without the written permission of Wrapmate. Wrapmate 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 Wrapmate’s website or social media channels, and Wrapmate’s physical portfolio.
- Print Shop. Customer authorizes Wrapmate to transfer and deliver any Product Design created for Customer to the designated Print Shop, together with Customer's contact information. Customer acknowledges that Wrapmate 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 Wrapmate to coordinate installation of the Customer’s Product with Print Shop. In no event will Wrapmate have any liability or responsibility for any Product printed, produced or installed by a Print Shop, or for any claims related thereto.
- Charges. 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.
- Supplemental Charges. 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 Wrapmate. Unforeseen charges include, but is not limited to, removal of existing graphics, after-market accessories, and vehicles requiring repair prior to installation.
- Additional Customer Responsibilities. 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 Wrapmate to carry out its obligations hereunder.
- Legal Compliance. Customer is solely liable for any Product Design’s compliance with any local, state, or federal requirements.
- Customer's Liability. Customer will defend, indemnify and hold harmless Wrapmate 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 Wrapmate, 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, Wrapmate will give Customer prompt written notice of any alleged liability or action and will tender the full defense thereof to Customer. Wrapmate will not be liable for any settlement of any such liability or action effected by Customer without the prior written consent of Wrapmate.
- Exclusion of Warranties. Customer agrees that its use of any product designs created by Wrapmate is at its sole risk, and acknowledges that all services provided by Wrapmate are provided "As is" and "As available". To the extent not prohibited by applicable law, Wrapmate 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.
Limitation of Liability.
(a) Under no circumstances, including, but not limited to, negligence, will Wrapmate, 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 Wrapmate 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) Wrapmate'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 Wrapmate under these terms with respect to any particular product or product design, or (ii) $100.00, even if Wrapmate has been advised of the claim or potential claim.
- Force Majeure. Wrapmate 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. Wrapmate's time for performance of any such obligation will be extended for the time period of such delay or Wrapmate 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 Wrapmate for any such delays in performance or cancellation.
- Termination of Service. Wrapmate reserves the right to terminate Customer's account or right to access the Website at any time, without notice, for conduct that Wrapmate believes violates these Terms and/or is harmful to other users of the Website, to Wrapmate, to its partners, to the business of the Website's service provider, or to other service or information providers.
- Governing Law. These Terms will be governed by the laws of the State of Colorado, 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 Wrapmate will be filed only in the state or federal courts sitting in Denver, Colorado, and Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
- Local Laws. Wrapmate 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. Wrapmate 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).
- Miscellaneous. Customer may not assign its rights or obligations with respect any Product or Product Design to any third party without Wrapmate'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 Wrapmate and Customer, and their respective representatives, successors and permitted assigns.
Customer's Consent To These Terms
By entering data into Wrapmate's Website and requesting that Wrapmate design or install a vehicle wrap for Customer, Customer consents to and agrees to be bound by these Terms. If Wrapmate 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 Wrapmate. Customer's use of the Website after Wrapmate 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 Wrapmate know by sending comments or requests to: