Last updated on July 12, 2023
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING
ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED
IN THE
DISPUTE RESOLUTION SECTION.
Wrapfia Terms of Service
This website is owned and operated by Wrapfia , LLC and its subsidiaries and
affiliates (collectively “Wrapfia,” “we,” “us,” or “our”). These Terms Of Service
(“Terms”) govern your legal rights to use or access services, software, mobile
applications, and websites (the “Services”) and hardware products or devices
(“Products”). The definitions of Services and Products are limited to those that
are manufactured, sold, provided, or offered by Wrapfia LLC. These Terms
also govern your legal rights with respect to external Services (defined below).
Please read these Terms carefully before purchasing or using the Products or
Services or purchasing or using external Services. By using or accessing the
Products or Services or purchasing or using external Services, you signify
your acknowledgement and assent to the terms and conditions of use set forth
below. These Terms (together with other user agreements, where applicable)
constitute a binding legal agreement between you and Wrapfia (this
“Agreement”). Please read these Terms closely because they contain
important information about a class action waiver, and an arbitration
provision, requiring you to arbitrate any claims you may have against Wrapfia
on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS
THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE
OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT
PROCEED IN A CLASS, GROUP , CONSOLIDATED, OR
REPRESENTATIVE CAPACITY.
*If you do not agree with these Terms, please do not purchase or use our
Products or Services or external Services. *
Purpose
This agreement represents the entire understanding relating to your purchase
or use of our Products and Services or external Services and prevails over
any prior or contemporaneous, conflicting or additional communications
between you and Wrapfia. All rights not expressly granted herein are reserved
by Wrapfia. However, to the extent your use of our Product or Service involves
or is integrated with our products or services of affiliated companies, any
terms and policies covering Wrapfia those products or services may also
apply.
Specific areas or pages of Wrapfia LLC’s websites may include additional or
different terms relating to the purchase or use of our Products and Services or
external Services. In the event of a conflict between such specific terms and
these Terms, the specific terms shall control. The term “you,” as used in these
Terms, includes (i) and (ii) as follows: (i) the following “Owners”: any person or
entity who either (a) purchases a Product or Service, or (b) is the owner of the
Product and creates an account associated with the Product, and (ii) the
following “Covered Parties”: (a) any members of an Owner’s household, or (b)
any person or entity that accesses or uses the Owner’s Products or Services.
Covered Parties are responsible for their own actions in connection with the
Products and Services, but Owner hereby consents to these Terms on behalf
of all Covered Parties and agrees to be fully responsible for all actions taken
by Covered Parties relating to the Owner’s Products, Services and account,
including, without limitation, minor children or wards, regardless of age. As a
result, if you are an Owner, you should allow only those individuals that you
trust to access your account, Products, and Services.
You must be at least 16 years old to use the Products and Services. If you are
between the ages of 16 and 17, you may use these Products and Services.
only with the consent and under the supervision of a parent or legal guardian
who agrees to be bound by these Terms. If you are a parent or legal guardian
of a Covered Party under the age of 18, you consent to these Terms on behalf
of such Covered Party and you are fully responsible for the acts of such
Covered Party in relation to the Products and Services. All Owners and
Covered Parties, regardless of age, agree to these Terms, including, without
limitation, the arbitration provision and class action waiver.
If you’re agreeing to these Terms on behalf of an organization or entity, you
represent and warrant that you are authorized to agree to these Terms on that
organization or entity’s behalf and bind them to these Terms (in which case,
the references to “you” and “your” in these Terms, except for in this sentence,
refer collectively to you personally and to that organization or entity).
Disclaimer
All product names, logos, and brands are property of their respective owners. All company, product and service names used are for identification purposes only. Use of these names, logos, and brands does not imply endorsement , authorization, or partnership in any way.
Modification Of This Agreement And Services
Except as set forth in the
Dispute Resolution section, Wrapfia is free to
revise these Terms or any other part of this Agreement at any time by
updating this page. If we make changes to these Terms that we consider
necessary, we will make reasonable efforts to notify you by placing a notice on
the Wrapfia.com website, notifying you through the Services, by sending you
an email, or by some other means. By continuing to use our Products and
Services after such changes, you are expressing your acknowledgement and
acceptance of the changes. Please check these Terms frequently for updates.
We’re constantly working to improve our Products and Services, so they may
change over time. We may suspend or discontinue any part of our Services,
or we may introduce new features or impose limits on certain features or
restrict access to parts or all of our Products or Services. Alternatively, we
reserve the right to remove any Content from our Services at any time, for any
reason, in our sole discretion, and without notice. We may change any aspect
of our Products or Services, including, without limitation, the applicable fees
and/or features related to the Products or Services, at any time and for any
reason in our sole discretion.
We are also free to terminate (or suspend access to) your use of our Services
or your account, for any reason in our discretion, including your breach of
these Terms. We have the sole right to decide whether you are in violation of
any of the restrictions set forth in this Agreement.
Access And Use; Guidelines For Installation And Use
All rights, title and interest in our Services and content provided through the
Products and Services (including without limitation information, documents,
logos, graphics, designs and images) are owned by Wrapfia, its licensors, or
designated third parties.
Subject to these Terms, Wrapfia grants you a limited,
non-transferable, non-exclusive right to access and make personal and
non-commercial use of the Products and Services. Notwithstanding the
foregoing, businesses may purchase Products and use the Services for their
own internal, lawful business purposes (such as using Products on their
business premises or enabling tenants to use the Products); however, this
license does not include any right to resell Products or Services, or otherwise
make the Products or Services available for third parties.
Privacy and other laws applicable in your jurisdiction may impose certain
responsibilities on you and your use of the Products and Services. You agree
that it is your responsibility, and not the responsibility of Wrapfia, to ensure
that you comply with any applicable laws when you use the Products and
Services, including but not limited to:
(1) any laws or regulations relating to the recording or use of video or audio
content, (2) any laws or regulations require Wrapfia that notice be given to or
that consent be obtained from third parties with respect to your use of the
Products or Services (for example, laws or regulations require Wrapfia or you
to display appropriate signage advising others that audio/visual recording is
taking place), and/or (3) any laws or regulations require Wrapfia (a) that
installation of any Product which takes visual and/or audio recordings be
installed at such an angle that it does not take any recordings beyond the
boundary of your property (including public pavements or roads); and (b) that,
if you use your property as a workplace, you comply with laws governing the
monitor or recording of employees.
If your use of the Services or any Products is prohibited by applicable laws,
then you aren’t authorized to use the Services or Products. We can’t and
won’t be responsible for your using of the Services or any Products in a way
that breaks the law.
You may be required to sign up for an account, and select a password and
username (“User ID”). You promise to provide us with accurate, complete, and
updated registration information about yourself. You may not select as your
User ID a name that you don’t have the right to use, or another person’s name
with the intent to impersonate that person. Also, you will not share your
account or password with anyone, and you must protect the security of your
account and your password. You’re responsible for any activity associated
with your account.
You represent, warrant, and agree that you will not capture or contribute any
Content (as defined below) or otherwise use the Services or Products or
interact with the Services or Products in a manner that:
● Infriger Wrapfia or violates the intellectual property rights or any other
rights of anyone else (including us);
● Violates any law, ordinance, or regulation, including privacy and other
laws referenced above and any applicable export control laws;
● Is harmful, fraudulent, deceptive, threatening, harassing, defamatory,
obscene, or otherwise objectionable;
● Jeopardizes the security of your Wrapfia LLC account or anyone
else’s (such as allowing someone else to log in to the Services as
you);
● Attempts, in any manner, to obtain the password, account, or other
security information from any other user;
● Violates the security of any computer network, or cracks any
passwords or security encryption codes;
● Runs Maillist, Listserv, any form of auto-responder or “spam” on the
Services, or any processes that run or are activated while you are not
logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load
on the Services’ infrastructure);
● “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or
relating to the Services or Content (through use of manual or
automated means);
● Copies or stores any significant portion of the Content, except as
permitted through intended use of a Product or Service feature; or
A violation of any of the foregoing is grounds for termination of your right to
use or access our Products and Services.
Products Facilitating Access To Property
Some Products facilitate access to a property. If you are installing one of these
Products at a property owned, operated or managed by a external or where
other individuals live, work or are otherwise present (collectively, “Other
Parties”), you represent and warrant to us that you have notified those Other
Parties, to the extent required by law, and obtained all approvals, permissions,
consents and authorizations, if and as required from such Other Parties, for
installation and operation of the Product at the installation location, use of the
Product to facilitate individuals, including delivery drivers, to have
unaccompanied access to the location for deliveries to you and others, and
removal of the Product.
You further represent and warrant to us that the location where the Product is
installed is safe for individuals who access the property, including those who
access by using the Product, and that the installation of the Product at that
location will not disrupt or negatively affect any other systems, locks, or other
protections or infrastructure of the property.
Trademarks And Copyrights
Nothing on or in the Products or Services shall be construed as confer
Wrapfia any license under any intellectual property right, including any right in
the nature of trademark or copyright, of Wrapfia or any external, whether by
estoppel, implication or otherwise. All trademarks and trade names are the
property of their respective owners.
Except as otherwise noted, Wrapfia is the owner of all trademarks and service
marks on or in the Products and Services, whether registered or not,
including, without limitation. Wrapfia expressly forbids the unauthorized use of
its logos, trademarks or other graphics to create links. All registered
trademarks are registered in the United States of America (and/or other
applicable jurisdictions).
Copyright Claims:
You may have rights under the Digital Millennium Copyright Act (the “DMCA”),
as it refers to online service providers, like Wrapfia, being asked to remove
material that allegedly violates someone’s copyright. We respect others’
intellectual property rights, and we reserve the right to delete or disable
Content alleged to be direct violation, and to terminate the accounts of repeat
alleged violators.
Content
You are solely responsible for all of your Content (including Content you share
through our website or application). “Content” means all audio, video, images,
text, or other types of content captured by Products or provided to us
(including content posted by you) in connection with the Services. You
represent and warrant that:
(a) you own the intellectual property rights in Content posted by you or
otherwise have the right to post the Content and grant the license set forth
below, and (b) the posting and use of your Content on or through the Services
does not violate the privacy rights, publicity rights, copyrights, contract rights,
intellectual property rights or any other rights of any person.
You hereby grant Wrapfia and its licensees an unlimited, irrevocable, fee free
and royalty-free, perpetual, worldwide right to use, distribute, store, delete,
translate, copy, modify, display, and create derivative works from such Content
that you share through Services including, without limitation, the Wrapfia
website feature or application, the Wrapfia contact us page, or via a share
link, for any purpose and in any media format. You shall not use, reproduce,
modify, upload, publish, transmit, distribute, display, or otherwise exploit for
any purposes whatsoever any Content: (i) not owned by you without the
express prior written consent of the respective owners, and (ii) in any way that
violates any external right. Wrapfia reserves the right, but shall not be
obligated, to remove any Content from the Services at any time in its sole and
absolute discretion. You agree that you will indemnify Wrapfia for all claims
and results from Content you share through Services, including, without
limitation, the Wrapfia application or Wrapfia site. If you see Content that you
believe violates these Terms, please report it in our mobile application or
report it to us by emailing us at
Support@Wrapfia.com .
Recordings, Content, And Permission From You
Wrapfia does not claim ownership of your intellectual property rights in your
Content. Other than the rights you grant to us under these Terms, you retain
all rights you have in your Content.
However, by purchasing or using Products and Services, you give Wrapfia the
right, without any compensation or obligation to you, to access and use your
Content for the limited purposes of providing Services to you, protecting you,
improving Products and Services, developing new Products and Services, and
as otherwise set forth in our
Privacy Notice .
Additionally, by electing to publicly share your Content via the Services to
other users or the general public, in addition to the license granted above, you
give Wrapfia the right, without any compensation or obligation to you, to
access and use your Content and related location information for the
purposes of publicly sharing such recordings and information with current and
future users and allowing those users to comment on the Content.
In addition to the rights granted above, you also acknowledge and agree that
Wrapfia may access, use, preserve and/or disclose your Content to law
enforcement authorities, government officials, and/or third parties, if legally
required to do so or if we have a good faith belief that such access, use,
preservation or disclosure is reasonably necessary to:
(a) comply with applicable law, regulation, legal process or reasonable
preservation request; (b) enforce these Terms, including investigation of any
potential violation thereof; (c) detect, prevent or otherwise address security,
fraud or technical issues; or (d) protect the rights, property or safety of
Wrapfia, its users, a external, or the public as required or permitted by law.
Deleted Content and Wrapfia accounts may be stored by Wrapfia in order to
comply with certain legal obligations and are not retrievable without a valid
court order.
Refunds
Risk of Loss
All purchases of physical items from Wrapfia are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon delivery to the carrier.
Return Policy
If, for any reason, you decide to return a Product that you purchased from us
for a refund, you must notify us and return the Product to us within ninety (90)
days from the date of delivery. Wrapfig does not take title to returned items
until the item is scanned at our fulfillment warehouse. At our discretion, a
refund may be issued without requiring a return. In this situation, Wrapfia does
not take title to the refunded item. For more information about our returns and
refunds, please see the Return Policy.
Order Limits / Purchasing Customers
Wrapfia reserves the right, in its sole discretion, to refuse or cancel any order
and limit order quantity. Wrapfia may also require additional qualifying
information prior to accepting or processing any order. Wrapfia.com sells
products to business and end-user customers, and we reserve the right to
refuse or cancel your order if we suspect you are purchasing products for
illegal use.
External Services
You may be allowed to access or acquire through Wrapfia LLC, certain
products, websites, applications, content or services from third parties
(“external Services”), including Virtual Security Guard. In some cases, you
may be purchasing the external Services directly from those third parties, not
from Wrapfia. A description or reference to any external Service by or through
Services (including any description or reference via hyperlink) does not imply
endorsement by Wrapfia of such external Service. These external Services
are the sole responsibility of such independent third parties, and your use
thereof is solely at your own risk. Wrapfia has no control over the content or
policies of such external Services, and we are not responsible for (and under
no circumstances shall we be liable for) the contents, accuracy, reliability,
quality or security of any such external Service. external Services may be
subject to their own warranties, terms of service, and privacy policies. You
may be required to agree to those external terms to use the external Services.
Please review all information about external Services before purchasing them
through Wrapfia. Those who choose to access information provided by third
parties (including any information obtained through Services) are solely
responsible for the compliance of such information with any applicable law.
Software Updates
From time to time, Wrapfia may develop updates, upgrades, patches and
other modifications to improve the performance of the Services and/or the
Products or for other reasons at our sole discretion (“Updates”). You agree
that Wrapfia may automatically install such Updates without providing any
additional notice to you or receiving any additional consent from you.
User Communications
Wrapfia is pleased to hear from its customers. However, we do not accept or
consider any unsolicited creative ideas, suggestions or other materials related
to products, services or marketing. Anything you disclose or offer to us by or
through websites or Services (“communications”), including emails to Wrapfia
or postings on interactive portions of websites, shall be deemed and shall
remain the property of Wrapfia. If you send us such communications, you do
so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep
such information secret, to refrain from using such information, or to
compensate you for the receipt or use of such communications. Wrapfia is
free to use, for any purpose whatsoever, any communications, including but
not limited to publishing, developing, manufacturing, and marketing Products
or Services using such communications. By submitting communications to us
through websites, via e-mail, or by any means, you hereby RELEASE Wrapfia
from any liability under any legal theory in connection with the use,
modification, sale, or disclosure of any such communications. By uploading or
otherwise providing any communications to websites or to Wrapfia, you
hereby grant Wrapfia, to the extent you retain any rights, the unlimited,
perpetual right to reuse, redistribute, modify, and create derivative works from
such communications for any purpose and in any media without
compensation to you.
Products And Software
Downloading or using Wrapfia software (including mobile applications) does
not give you title to such software, including any files, data and images
incorporated in or associated with the software. Your use of any such software
shall be only in accordance with these Terms. Such software is copyrighted by
Wrapfia or its licensor(s), and may be protected by one or more patents
owned by Wrapfia or its licensor(s). Software may not be copied, redistributed
or placed on any server for further distribution. You may not sell, modify,
decompile, disassemble or otherwise reverse engineer the software. Products
and Services offered through this website shall be warranted, if at all, through
the written license or warranty provided in connection with such Product or
Service. These Terms apply to your use of all the Products and Services,
including software that may be downloaded to your smartphone or tablet to
access the Services (the “Application”). The Application is licensed to you on
a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to
be used in connection with the Products and Services for your private,
personal, non-commercial use, subject to all the terms and conditions of these
Terms as they are applicable to the Products and Services. You will only use
the Application in connection with a device that you own or control. You
represent and warrant that you are not located in a country subject to a U.S.
Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country, and that you are not listed on any U.S.
Government list of prohibited or restricted parties.
Safety , Function Or Operation Not Guaranteed .
Wrapfia makes no warranty or representation that use of the Products or
Services will affect or increase any level of safety. You acknowledge that the
Products and Services are not intended to be 100% reliable. We cannot and
do not guarantee that you will receive notifications in any given timeframe or
at all. All life threatening, safety and emergency events should be directed to
the appropriate local emergency agents services.
We strongly suggest that you backup any important Content (for example, by
downloading and locally saving any such Content on an SD card). You are
solely responsible to backup your Content to another location outside the
Services to avoid loss of your Content and other data.
No Representations Or Warranties
This website may contain errors and may not be complete or current. Wrapfia
therefore reserves the right to the fullest extent allowed by law to correct any
errors or omissions (including after an order has been submitted) and to
change or update information at any time without prior notice. Please note that
such errors or omissions may relate to Product or Service descriptions, pricing
and availability. We reserve the right to the fullest extent allowed by applicable
law to cancel or refuse to accept any order. We apologize for any
inconvenience.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON Wrapfia.COM,
THE PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS
AVAILABLE’, AND WRAPFIA DOES NOT MAKE ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE
QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF
INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE
TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE
AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE
SERVICES. WE DO NOT WARRANT THAT THE PRODUCTS OR
SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT
DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Exclusion Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
WRAPFIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM
THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE
CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE
SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations Of Liability
IN NO EVENT SHALL WRAPFIA’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE
PRIOR THREE (3) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL
NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE
INCIDENT OR CLAIM. WRAPFIA DISCLAIM ALL LIABILITY OF ANY KIND
OF WRAPFIA’S LICENSORS AND SUPPLIERS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL
WRAPFIA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION
WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED,
ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU
HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH
YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD WRAPFIA
HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY
CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES,
INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR
LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR
SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY
TO RESIDENTS OF IOWA. IF ANY PORTION OF THIS SECTION IS HELD
TO BE INVALID UNDER THE LAWS OF THE STATE OF IOWA, THE
INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF
THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
WRAPFIA IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO
A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR
OTHER EVENTS OUTSIDE OF WRAPFIA’S CONTROL, INCLUDING
WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER
DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER,
ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL
ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE,
LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER
ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES,
FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH
EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR
TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE
BEYOND THE ABSOLUTE CONTROL OF WRAPFIA FOR THE DURATION
OF AN INTERRUPTION.
Jurisdiction And Choice Of Law
Wrapfia controls and manages the Services from its facilities in the State of
Iowa in the United States of America. Unless otherwise stated, materials and
content on the Services are presented solely for promoting Products and
Services in the United States of America. Information published on the
Products and Services may contain references to products, programs and
services that are not announced or available in your country or region. We
make no representation that such information, products, programs or services
referenced on the Products or Services are legal, available or appropriate in
your country or region.
These Terms shall be governed by and construed in accordance with the laws
of the State of Iowa and the United States of America, without giving effect to
any principles of conflicts of law.
Dispute Resolution
Mandatory, Bilateral Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT.
YOU AND WRAPFIA AGREE THAT ANY DISPUTE, CONTROVERSY, OR
CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE
SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE
CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING
ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY
FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may
assert claims in small claims court in your county of residence within the
United States if your claims qualify; and (2) this agreement to arbitrate does
not include your or Wrapfia’s right to seek injunctive or other equitable relief in
state or federal court in Des Moines , Iowa to prevent the actual or threatened
infringement, misappropriation or violation of a party’s copyrights, trademarks,
trade secrets, patents, or other intellectual property rights. The Federal
Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law
apply to this Agreement and govern all questions as to whether a dispute is
subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited. An arbitrator, however, can award the same damages and
relief as a court (including private or public injunctive and declaratory relief or
statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies
between you and Wrapfia against each other related in any way to or arising
out of in any way from this Agreement, the Services, the Products, and/or the
Content, including but not limited to sales, returns, refunds, cancellations,
defects, policies, privacy, advertising, or any communications between you
and Wrapfia, even if the claim arises after you or Wrapfia has terminated
Services or a user account. Disputes also include, but are not limited to,
claims that: (a) you file against our employees, agents, affiliates, or other
representatives; or (b) Wrapfia file against you. Disputes also include, but are
not limited to, (i) claims in any way related to or arising out of any aspect of
the relationship between you and Wrapfia, whether based in contract, tort,
statute, fraud, misrepresentation, advertising claims, or any other legal theory;
(ii) claims that arose before these Terms or out of a prior set of Terms with
Wrapfia; (iii) claims that are subject to on-going litigation where you are not a
party or a class member; and/or (iv) claims that arise after the termination of
these Terms.
Dispute Notice
Before initiating an arbitration, you and Wrapfia each agree to first provide the
other a written notice (“Notice of Dispute”), which shall contain: (a) a written
description of the problem and relevant documents and supporting
information; and (b) a statement of the specific relief sought. A Notice of
Dispute should be sent to: 430 E Mckinley Ave, Unit #35481, Des Moines,
Iowa,50315. Attention: Wrapfia, LLC. We will provide a Notice of Dispute to
you via the email address associated with your Wrapfia account. You and
Wrapfia agree to attempt in good faith to resolve the Dispute prior to
commencing an arbitration and not to commence an arbitration proceeding
until a forty-five (45) day post-notice resolution period expires.
*Arbitration Process and Procedure *
If the parties do not reach an agreed upon solution within forty-five (45) days
from the original Dispute Notice, then either party may initiate binding
arbitration as the sole means to resolve claims, subject to these terms.
Arbitration shall (1) be administered by the Judicial Arbitration and Mediation
Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules
& Procedures then in effect (the “JAMS Rules”) and as modified by this
agreement to arbitrate, including the rules regarding filing, administration,
discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator;
and (3) take place in the county where you reside or any reasonable location
within the United States convenient for you. To the extent that this agreement
to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the
“Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS
WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A
CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.
Further, unless both you and Wrapfia expressly agree otherwise, the arbitrator
may not consolidate more than one person’s claims and may not otherwise
preside over any form of a representative or class proceeding. If applicable
law precludes enforcement of any of this subsection’s limitations as to a
particular claim or demand for relief (e.g., public injunctive relief), then that
claim or demand (and only that claim or demand) must be severed from the
arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each
waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO
THIS AGREEMENT, YOU AND WRAPFIA ARE EACH WAIVING THE RIGHT
TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR
REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS
AGREEMENT.
The JAMS Rules are available on its website at
http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any
JAMS Rules to the contrary or any other provision in the arbitration rules
chosen, by agreement, to govern, you and Wrapfia each agree that all issues
regarding the Dispute are delegated to the arbitrator to decide. Further, the
arbitrator, and not any federal, state or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of these Terms,
including, but not limited to any claim that all or any part of these Terms are
void or voidable, or whether a claim or demand for relief is subject to
arbitration or should be severed. The arbitrator’s award shall be written, and
binding on the parties and may be entered as a judgment in any court of
competent jurisdiction.
Hearing
If your claim does not exceed $5,000 (USD), you and Wrapfia agree to waive
an oral hearing by the arbitrator and the arbitration will be conducted solely on
the basis of documents you and Wrapfia submit to the arbitrator, unless you
request a hearing or the arbitrator determines that a hearing is necessary. To
the extent an oral hearing is requested by you or Wrapfia, or deemed
necessary by the arbitrator, you and Wrapfia agree that the hearing will be
conducted telephonically or videographically.
Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each
claim and will also provide a concise written statement of the essential
findings and conclusions which form the basis of the award. The arbitrator’s
decision and award is final and binding, with some limited court review under
the FAA, and judgment on the award may be entered in any court of
competent jurisdiction.
*Fees*
It is each parties’ responsibility to pay any JAMS filing, case
management/administrative, and arbitrator fees as set forth in the JAMS
Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a
lawsuit, Wrapfia will pay the additional cost. If your claim for damages does
not exceed $10,000 (USD) and you follow the dispute notice procedure set
forth above, Wrapfia will reimburse your filing fees at the conclusion of the
arbitration unless the arbitrator finds that either the substance of your Dispute
or the relief sought was frivolous or was brought for an improper purpose (as
measured by the standards set forth in the Federal Rule of Civil Procedure
11(b)).
*Small Claims & Government Actions *
As an alternative to arbitration, you or Wrapfia may resolve Disputes in a small
claims court that has jurisdiction over your claim. These Terms and this
arbitration agreement do not prevent you from bringing your Dispute to the
attention of any federal, state, or local government agency. Such agencies
can, if the law allows, seek relief against Wrapfia on your behalf.
Severability And Survival
If any provision of these Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from the
remaining Terms Of Service and shall not affect the validity and enforceability
of any remaining provisions.
Provisions that, by their nature, should survive termination of these Terms
shall survive termination. By way of example, all of the following will survive
termination: any obligation you have to pay us or indemnify us, any limitations
on our liability, any terms regarding ownership of intellectual property rights,
and terms regarding disputes between us.
Privacy
Please see Wrapfia LLC’s Privacy Notice for information regarding the
collection and use of personal information collected through the Products and
Services.
Customer Service
Questions concerning these Terms, requests for cancellation or refund of your
Wrapfia purchase, subscription, or other requests or questions should be
directed to the contact point specified at the end of these Terms.
Wrapfia LLC 430 E Mckinley Unit #35481, Des Moines, Iowa, 50315. Phone:
215-607-8473
For our other online contact info, see
Contact Us.
Last updated on June 12, 2023
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING
ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED
IN THE DISPUTE RESOLUTION SECTION.
II. ENTIRE AGREEMENT
The Wrapfia’s Terms Of Service (the “Wrapfia Terms of Service”) or Limited
Warranty found
here, are collectively referred to herein as the “Agreement.”
The Wrapfia Terms Of Service contain additional terms and conditions that
apply to you, including (except where prohibited by law) a
DISPUTE
RESOLUTION WITH AN ARBITRATION AGREEMENT, WAIVER OF JURY
TRIAL AND WAIVER OF CLASS ACTIONS AND A CHOICE OF IOWA
STATE LAW. Please thoroughly read and understand the Wrapfia Terms Of
Service before you electronically sign.
The Agreement contains the entire understanding between you and Wrapfia
relating to the subject matter hereof and replaces and supersedes any other
representations, advertisements, marketing, literature, brochures, proposals,
documents or discussions you had with Wrapfia. The Agreement cannot be
changed except in accordance with this Agreement, or a writing signed by
both you and Wrapfia. If any provision of this Agreement is found to be invalid,
the remaining provisions are still effective. YOU UNDERSTAND AND AGREE
THAT THE AGREEMENT APPLIES TO YOUR CURRENT PURCHASE AND
USE OF OUR PRODUCTS AND SERVICES, AND YOUR PURCHASE AND
USE OF ANY ADDITIONAL PRODUCTS AND SERVICES AT ANY TIME IN
THE FUTURE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THE AGREEMENT, YOU WILL BE UNABLE TO USE OUR
PRODUCTS AND SERVICES AND YOU MAY RETURN THE PRODUCTS
FOR A FULL REFUND IN ACCORDANCE WITH OUR RETURN POLICY.
III. CONSENT TO ELECTRONIC CONTACT
You consent to receive emails at the email address you provide Wrapfia at the
time of purchase , when you sign up for an account, or any purpose relating to
the Agreement including, without limitation, information relating to our Product,
and Services and any notifications from Wrapfia as provided for, or permitted
within, this Agreement (“Notification Purpose(s)”). You also consent to receive
such information on your enabled wireless device (such as a smartphone or
tablet) through the Wrapfia application, or through a personal computer.
Further, you agree that Wrapfia may contact you at the telephone number you
provided for any Notification Purpose, and that contact may be made using
any method, including telephone calls, automatic telephone dialing systems,
or text or email messages sent to your enabled wireless device. You also
represent that when you provide us with a telephone number or an email
address for yourself, your emergency contacts or any other external, that you
and any individuals for whom you have provided Wrapfia with a telephone
number or an email address consent to receive service-related text
messages, telephone calls, and emails for any Notification Purpose. You will
be responsible for any message and data rates that may apply. You agree to
notify Wrapfia immediately in the event of any change to any of the email
addresses or telephone numbers you provided. You agree to regularly check
your voice messages, text and e-mail messages for communications from
Wrapfia.
