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. 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. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and agree to follow United States laws and regulations.
ACCEPTANCE OF TERMS
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.
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
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. To request consent, please notify us at [email protected] or by phone at 1-800-547-9727 or by mail at 242 Molly Walton Drive, Hendersonville, TN 37075.
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 except as expressly provided in the Nashville Wraps Image and Copyright Policy. 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 or through the Image Request process outlined in the Copyright Policy. 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
The Site, its entire contents, features and functionality (“including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof”), are owned by Nashville Wraps, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 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.
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 are subject to our review and removal of any content for any reason we deem fit
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
IIN NO EVENT SHALL NASHVILLE WRAPS, OUR SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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.
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.
You agree that any disputes, controversies, actions or proceedings 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. If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed.
The U.S. export control laws regulate the export and reexport 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.
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 [email protected] or by phone at 1-800-547-9727 or by mail at 242 Molly Walton Drive, Hendersonville, TN 37075. 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.
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.