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Terms of Use

OVERVIEW

This Web site (the “Site”) is designed to provide general information about Nashville Wraps, its affiliates and subsidiaries (collectively, “Nashville Wraps,” “we,” “us, “our”) and our products and services. Nothing presented here is intended to provide instructions on the use of Nashville Wraps’ products or services. Specific information and instruction for products are found in the product manuals supplied with the products. This Site and its contents are intended to comply with the laws and regulations of the United States. While you can access this Site from outside the United States, our server is located within the United States, and the Site is intended to be used by residents located in the United States who are 18 years of age or older. All visitors agree to follow United States laws and regulations.

Terms of Use last updated and effective as of February 1, 2018.

ACCEPTANCE OF TERMS

Nashville Wraps provides the Site to you, subject to the following terms, conditions and notices contained or referenced herein (the “Terms of Use”), which govern use of this Site. By using or accessing this Site, or clicking to accept or agree to the Terms of Use when this option is made available to you, you signify your agreement to these Terms of Use. If you do not agree to all of these Terms of Use, please do not use this Site. Nashville Wraps may, without notice and at any time, revise these Terms of Use and any other information contained in this Web site by updating this posting. Nashville Wraps may also make improvements or changes in the products described in this site at any time without notice. 

BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF TENNESSEE LAW.

AVAILABILITY OF INFORMATION

Nashville Wraps provides no guarantees regarding the availability of this Site or any text, pictures, logos, downloads or any other information contained herein. This Site is not intended as a product or service included with the purchase of any other product or service sold by Nashville Wraps, our distributors or subsidiaries. It is not factored into the purchase price of any other product or service, and as such will not be considered as a factor for compensation in the event of loss of availability.

PRIVACY POLICY

Information you provide through this Site is subject to Nashville Wraps’ Privacy Policy, and any information or material sent to Nashville Wraps will be used and treated in accordance with our Privacy Policy.

GOVERNMENT REGULATIONS

This Site contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Further, the documents and related graphics published on this Site could include technical inaccuracies or typographical errors. Changes are periodically made to information on the Web Site. Nashville Wraps may make improvements and/or changes in the products described herein at any time. Nothing contained on this Site should be construed as a promotion or solicitation for any product, or for the use of any product, other than those produced and made available directly by Nashville Wraps; furthermore, Nashville Wraps does not promote or condone the use of products advertised on this Site for any purpose other than its intended purpose, as permitted by federal, state and local laws and regulations. Specific questions about the availability and use of products described on this Site should be directed to Nashville Wraps staff via the appropriate email address, or the contact form on the website.

LINKS TO THIRD-PARTY SITES

This Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Nashville Wraps, and Nashville Wraps is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Nashville Wraps is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Nashville Wraps in favor of any Linked Site, or the services or products on such Linked Site. Without the written permission of Nashville Wraps, you may not frame any of the content of this Site, or incorporate into another web site or other service the intellectual property of Nashville Wraps.

LINKING TO THE SITE

Establishing and / or maintaining a link from another website to the Nashville Wraps website without prior written consent is strictly prohibited.  Any permitted links must comply with these Terms of Use and all applicable laws and regulations.  Please contact us at webpolicy@nashvillewraps.com for approval.

PROHIBITED USE

As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site, its host, or any user of this Site, or interfere with any other party’s use of this Site. You also agree that you will not (i) upload or transmit any communications or content of any type that infringes or violates any rights of any party; (ii) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (iii) misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, Nashville Wraps, create or use a false identity, or attempt to use another user’s account; (iv) attempt to obtain unauthorized access to the Site; (v) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitors to the Site without their express consent or other information relating to the Site; (vi) use any meta tags or any other hidden text utilizing the Nashville Wraps’ name, service marks, trademarks, or product or service names; (vii) advertise, offer to sell, or sell any goods or services set forth on the Site or otherwise use the Site to solicit other visitors, except as expressly permitted by Nashville Wraps; (viii) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (ix) probe, scan, or test the vulnerability of the Site or any network connected thereto, or breach the security or authentication measures on the Site or any network connected thereto; (x) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Nashville Wraps’ systems or networks, or any systems or networks connected thereto; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.

COPYRIGHTS

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this Site (collectively, the “Content”), and the selection, coordination, and arrangement of such Content, are owned by Nashville Wraps or our third-party licensors, to the fullest extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Content for any purposes. NASHVILLE WRAPS is a trademark of Nashville Wraps, LLC. Nothing stated or implied on this Site confers on you any license or right, title or interest in the Site, the Content or any intellectual property rights therein.  The Content and the information contained in reference herein are for informational purposes only. Any reproduction, retransmission or copying of any Content or materials or design elements of this Site is strictly prohibited, without the prior written consent of Nashville Wraps. Requests for permission to reproduce any Content or information contained on this Site should be addressed to Nashville Wraps by filling out the Site’s contact form. Notwithstanding the above, Nashville Wraps authorizes you to make one (1) electronic or paper copy of the information posted on any page on this Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy retains all copyright notices, trademarks, service marks, and other proprietary notices and legends contained or displayed on the Site. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of Nashville Wraps is prohibited.

INTELLECTUAL PROPERTY RIGHTS

Except as expressly authorized by Nashville Wraps or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Nashville Wraps discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Nashville Wraps will endeavor to remove, in a timely manner, any information which infringes the copyright of any person under the laws of the United States upon receipt of email notice. Please note that United States law provides severe penalties for submitting such a statement falsely.

SOCIAL MEDIA

Nashville Wraps may operate and maintain pages on social media platforms (including but not limited to Facebook, Twitter, Instagram, Pinterest and LinkedIn).  All posts by you on any such Nashville Wraps social media pages, including but not limited to those which reference Nashville Wraps, our products, company, employees or customers are subject to the following guidelines:

  • Posts shall not violate any law or regulation, without limitation, privacy, trademark, privacy or publicity rights
  • Posts shall not contain any profanity, obscenity or morally offensive language, graphics or pictures
  • Posts shall be accurate, complete, correct or current
  • Posts shall comply with the terms and conditions of each platform
  • Posts shall comply with these Terms of Use
  • Posts are subject to our review and removal of any content for any reason we deem fit

WARRANTY DISCLAIMER

USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. NASHVILLE WRAPS, AND OUR SUPPLIERS AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE. WITHOUT LIMITATION, NASHVILLE WRAPS MAKES NO WARRANTY OR GUARANTEE THAT: (A) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NASHVILLE WRAPS OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLICENCE AND STRICT LIABILITY), ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, OR INABILITY TO ACCESS OR USE THIS SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABIILTY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.0 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.  CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAYNOT APPLY TO YOU.

IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.

LIMITATION ON ACTIONS

You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision

INDEMNIFICATION

Upon request by Nashville Wraps, you agree to defend, indemnify and hold harmless Nashville Wraps and our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Site, your use of the Site, your violation of the Terms of Use, your social media posts, or your violation of any rights of another.

DISPUTES

You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, we may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee, or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Tennessee.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Each user agrees to abide by these laws and their regulations, including (but not limited to) the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from this Site to either a foreign national or a foreign destination in violation of such laws.

COPYRIGHT INFRINGEMENT

In accordance with the US Federal Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at webpolicy@nashvillewraps.com or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.

SEVERABILITY

Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between you and Nashville Wraps and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Nashville Wraps. If any portion of this Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

NO WAIVER

The failure of Nashville Wraps to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.

TERMINATION

Nashville Wraps reserves the right, in our sole discretion, to terminate your access to all or part of this Site, with or without notice. Nashville Wraps also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. Nashville Wraps shall not be liable to you or any third party for any modification, suspension or discontinuance of this Site.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Nashville Wraps as a result of this Terms of Use statement or your use of this Site. Nothing contained in this Terms of Use statement is in derogation of Nashville Wraps’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Nashville Wraps with respect to such use. A printed version of this Terms of Use statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use statement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT

Should you have other questions or concerns regarding these Terms of Use, please email to webpolicy@nashvillewraps.com