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Last Updated: September, 2025
This Terms of Use Agreement ("TOU") governs your access to, use of, and participation in the Platform made available by DataMantis LLC d/b/a Wraps & Bids or any of its subsidiaries (collectively, and including such entities operating under any other names, "Wraps & Bids," "we," "our," or "us") or through Wraps & Bids and the entirety of your relationship with Wraps & Bids. YOU UNDERSTAND AND AUTHORIZE WRAPS & BIDS TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE FAIR CREDIT REPORTING ACT (“FCRA”).
THE TOU, OUR PRIVACY POLICY, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE PLATFORM, AND WRAPS & BIDS. YOU HEREBY AGREE THAT THE AGREEMENT FORMED BY THE TOU IS EQUIVALENT TO ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU. PLEASE READ THE TOU THOROUGHLY AND CAREFULLY. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TOU. IF YOU DO NOT AGREE TO THE TOU, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity or other individual, you represent and warrant that you have the authority to bind that entity or individual, and to perform and otherwise undertake all of your obligations hereunder. Your acceptance of the TOU will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.
Wraps & Bids reserves the right, in our sole discretion, to modify these TOU, and any other documents incorporated by reference herein, at any time and without prior notice. Wraps & Bids will notify you of changes by posting the updated TOU on the Platform and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Wraps & Bids’ transmission of a message to you about the modifications (which may be made via a notice or communication on the Platform itself); or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform. Be sure to return to the Platform and this webpage periodically to ensure you are familiar with the most current version of the TOU. Your continued use of or access to the Platform after such effective date of any such modification or amendment indicates you accept and agree to be bound by the modified TOU.
Additional Terms and Policies: Please review Wraps & Bids’ Privacy Policy, incorporated herein by reference, for information and notices concerning Wraps & Bids’ collection and use of your information. The provision and delivery of text messages by Wraps & Bids or our text message service providers is governed by this TOU, including its Opt-In to Communications section. Please review the full set of key Wraps & Bids policies that govern your use of the Platform and our interactions with you and third-parties, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between the TOU and the terms and conditions or policies posted for a specific area or product, the latter takes precedence with respect to your use of that area or product.
"Consumer" means a User who is registered to search for Service Providers on the Platform, seeks Wrap Services from Service Providers on the Platform, makes a booking with a Service Provider to purchase a Wrap Service (or receive a quote in contemplation thereof), is registered for or undergoes a wrap consultation or similar service with respect to their vehicle, agrees to the TOU, or otherwise uses the Platform, including, without limitation, receive, pay for, review, or facilitate the receipt of Wrap Services. Because a Consumer may be, or may become, a customer of a Service Provider, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform. Please note that, for purposes of the TOU, “Consumer” includes, without limitation, any individual or agent you authorize to use your Account on your behalf.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Wrap Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Fee" means any amount charged by Wraps & Bids to a User in connection with the Platform. “Feedback” means any feedback, comments, questions, or suggestions provided by a User about Wraps & Bids or our services, including, but not limited to, our Platform.
"Mutual Content" means User Content and Wraps & Bids Content together.
"Platform" means all Wraps & Bids websites, mobile or other applications, software, processes, consultations, subscription services, and any other services provided by or through Wraps & Bids.
“Privacy Policy” means the Wraps & Bids Privacy Policy located atwww.wrapsandbids.com/privacy/, including any amendments, supplements or modifications there to made from time to time.
"Service Provider" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Wrap Services. Wraps & Bids is excluded from the definition of Service Provider.
"User" means a person or entity who completes Wraps & Bids’ account registration process, agrees to the TOU, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Wraps & Bids, including but not limited to Service Providers and Consumers.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, voice or audio recordings, videos, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Wraps & Bids Content and Feedback.
"Wraps & Bids Content" means all Content Wraps & Bids makes available on or through thePlatform, including any Content licensed from a third-party, but excluding User Content. "Wrap Services" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Providers, or sought, scheduled, paid for, or received by Consumers, through the Platform.
Wraps & Bids reserves the right at any time and with or without notice to you, to change (i) the Platform, including, without limitation, eliminating, supplementing, modifying, adding, or discontinuing any content, feature, data, or service on or available through the Platform, or the hours during which they are available; and (ii) the prices and Fees (if any) for access to or use of the Platform or any component there of. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Platform, or any component or services on the Platform. We reserve the right to limit the availability of the Platform, Content, or Wrap Services offered there on to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements. Wraps & Bids, at all times, strives to maintain compliance with all laws applicable to its performance under the TOU and its provision of the Platform. Wraps & Bids also uses its best efforts to stay up to date on updates to those applicable laws.
By registering or using the Platform to offer, post, or provide Wrap Services, Service Providers represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, (i) are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Wrap Services and in relation to the specific job they are performing; (ii) comply and will continue to comply with all applicable laws, including, without limitation, applicable privacy and marketing laws, in their use of the Platform and any personal information obtained from the Platform; (iii) will perform the Wrap Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract; and (iv) will perform the Wrap Services in a professional, work man like manner in accordance with industry standards and in accordance with the TOU.
Wraps & Bids does not sell or otherwise provide Wrap Services. Wraps & Bids may directly provide wrap consultations and related on-Platform services to Consumers, but any Wrap Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Provider without any representation, warranty, guarantee, or endorsement from Wraps & Bids other than as expressly provided for herein. Wraps & Bids also facilitates Wrap Service transactions, which facilitation may include displaying a list of Service Providers profiles, allowing Consumers and Service Providers to send messages to each other, allowing for the booking of an appointment for the provision of Wrap Services, assisting in the selection of a Service Provider for certain Consumers, and processing payment for certain Wrap Services. Consumers understand that any such facilitation does not constitute a warranty, guarantee, or endorsement in relation to the Wrap Services. Without limiting the foregoing, wemake no representation—and you acknowledge that we make no representation—that thePlatform, or Wrap Services available through the Platform, are appropriate or available for use in all locations or on all vehicles. Those who choose to access the Platform and Wrap Servicestherein do so of their own initiative and at their own risk and are responsible for compliance with applicable federal, state and other local laws. Service Providers understand and agree that using the Platform does not guarantee that anyone will engage them for Wrap Services. Consumers understand that any Wrap Services they solicit and/or pay for using the Platform are solicited directly from the Service Provider providing such Wrap Services.
Service Providers understand and agree that they are customers of Wraps & Bids, and are not Wraps & Bids employees, contractors, consultants, joint venturers, partners, or agents. Service Providers acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Wraps & Bids does not control, and has no right to control, the services a Service Provider provides (including the details of how the Service Provider provides such services) if the Service Provider is engaged by a Consumer or any other person, except as specifically noted here in or on the Platform.
Wraps & Bids, as permitted by applicable laws, obtains reports regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Provider’s account based on the results of such a report, with or without notice. As a Service Provider, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Wraps & Bids’ vendors. Please see our Privacy Policy for more information. Service Providers agree to inform Wraps & Bids of any material criminal convictions that occur after any such reports are run.
Account Registration and Other Submissions: Users may be able to access the Platform without registering for an account. To access and participate in certain features of the Platform,you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. Please note that your Third-Party Site Password may be subject to such third-party's terms and conditions and privacy policy. We do not control any such third-party's use of your Third-Party Site Password or their use of your information. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Wraps & Bids password and, if applicable, your Third-Party Site Password. Youare solely responsible for all activity that occurs on your Account, and you will notify Wraps &Bids immediately of any unauthorized use. Wraps & Bids is not liable for any losses by any party caused by any unauthorized use of your Account. You are liable for the losses of Wraps & Bids or others due to any unauthorized use of your Account related to your failure to comply with the TOU. Your Account is non-transferable except with Wraps & Bids’ written permission and in accordance with Wraps & Bids policies and procedures (as may be provided and updated from time to time).
Please note that if you provide any personal information to a third party or direct us to share your personal information with a third party, such third party's use of your personal information is subject to such third-party's terms and conditions and privacy policy. You hereby acknowledge that we are not liable for any such third party's use of your personal information.
Your License To Use The Platform: Subject to your adherence to the TOU and any other applicable agreements between Wraps & Bids and you, Wraps & Bids grants you a limited, nonexclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to reproduce and display Mutual Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Mutual Content, except as expressly permitted in the TOU. The Platform and Mutual Content are provided to you as is. The Platform and Mutual Content are only for personal or internal business use. You may not use the Platform or Mutual Content in anyway that is unlawful, that violates the TOU, or that harms us or any other person or entity. If you download or print a copy of Mutual Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Wraps & Bids or our licensors, except for the licenses and rights expressly granted in the TOU.
User Content: We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. The contents of private messaging through the Platform will not be used by Wraps & Bids in public advertising. By making available any User Content on or through the Platform, you hereby grant to Wraps & Bids a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Wrap Services, or for any other purpose in our sole discretion and in accordance with applicable law. In the interest of clarity, the license granted to Wraps & Bids will survive termination or expiration of the TOU, the Platform, or your Account. Wraps & Bids does not claim ownership rights in your User Content and nothing in the TOU will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wraps & Bids the rights in such User Content, as contemplated under the TOU; and (b) neitherthe User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Wraps & Bids’ use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Wraps & Bids has no obligation to do so, you agree that Wraps & Bids may edit and/or withdraw your UserContent, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in the TOU.
Wraps & Bids reserves the right, at any time and without prior notice, but is under no obligation, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of the TOU or otherwise harmful to the Platform or Users, or for any other reason in our sole and absolute discretion.
If you believe that any User Content infringes any copyright that you own or control, please contact us at wecare@wrapsandbids.com.
Prohibitions: As a User of the Platform, you may not, and you represent and warrant that you will not:
Use any other person's Account, misrepresent yourself (including your qualifications or true identity), misrepresent Wrap Services offered through the Platform, misrepresent a project or other information in a quote or quote request, post Content in any inappropriate category or areas on the Platform, or otherwise commit fraud;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Wraps & Bids’ prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Wraps & Bids reserves the right to revoke these exceptions either generally or in specific cases);
Copy text, or otherwise misuse or misappropriate Platform information or Content in manner(whether automated or not) including but not limited to, for use on a mirrored, competitive, or third-party site;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the functionality of the Platform or any third-party; (c) bypasses measures to prevent or restrict access to the Platform; (d) circumvents, disables, or otherwise interferes with security of the Platform; (e) distributes malware, viruses, worms, Trojan horses, logic bombs, time bombs, bots, ransomware, adware or any other technology that may harm Wraps & Bids or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or rights of any third-party, including privacy/publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Wraps & Bids for access to services provided by the Platform or by Service Providers;
Notwithstanding anything to the contrary contained in the TOU, collect, harvest, scrape, publish, “sell”, or use for purposes of targeted advertising, any personal information, including but not limited to information related to Users for any reason not explicitly authorized by the TOU, including commercial solicitation purposes;
Violate any applicable laws or regulations;
Fail to comply with a User's requests (including, those made on their behalf by Wraps & Bids) to no longer receive phone calls, text messages, e-mails or any other communications from you; Recruit, solicit, or contact in any form Service Providers or Consumers for employment or any other use not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate in any material respect any Wraps & Bids policies that govern your use of the Platform and our interactions with you and/or third-parties;
Advertise or solicit a Wrap Service not related to or appropriate for the Platform including, but not limited to any Wrap Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events(such as a party or professional convention); (f) competes with the business of Wraps & Bids; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or give aways; or (i) offers a Wrap Service not reasonably available to a Consumer or other individual in that Consumer or individual's location;
Submit User Content that damages the experience of any User including but not limited to (a) requests to download mobile applications other than that of Wraps & Bids and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Wraps & Bids, (b) offers to purchase a Wrap Service or any other service outside of Wraps & Bids, or (c) using a profile page or User name to promote services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems; Fail to perform Wrap Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Wrap Services(including by refusing to pay);
Seek to charge a Consumer for Wrap Services when payment has already been, or is scheduled to be, initiated through Wraps & Bids;
Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Wraps & Bids;
Sign up for, negotiate a price for, use, or otherwise solicit a Wrap Service with no intention of following through with your use of or payment for the Wrap Service;
Agree to purchase a Wrap Service when you do not meet a Service Provider’s requirements; Create more than one Consumer or Service Provider Wraps & Bids account without our written permission;
Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;
Fail to comply with any applicable laws or regulations related to your use of the Platform (including, without limitation, your receipt or provision of Wrap Services);
Share a Wraps & Bids subscription or account across multiple households or businesses; Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Platform or information collected therefrom;
Use information obtained through the Platform to profile or contact individuals off of the Platform;
Seek to circumvent the terms of, or abuse, your Wraps & Bids account and/or subscription; Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.
Fees and Taxes: Fees and Taxes: In connection with the use of Wraps & Bids’ Platform, Wraps & Bids charges Fees, which may change or be updated by Wraps & Bids from time to time in Wraps & Bids’ sole and absolute discretion.
Service Providers can pay Fees to Wraps & Bids in order to receive certain services on the Platform, including but not limited to receiving contacts, bookings, or payments from Consumers or other individuals. If you are a Service Provider, Wraps & Bids may automatically charge your stored payment method when Consumers or other individuals contact or make a booking with you concerning a Wrap Service that Wraps & Bids has basis (e.g., through their actions or preferences set on the platform) to believe you perform.
Wraps & Bids may also charge (to your stored payment method or otherwise) other types of Fees to which you have previously agreed. Fees may also be deducted from the total amount a Consumer pays for a particular Wrap Service. In order to use Wraps & Bids, you must have at least one valid payment method stored on file and the storage of such payment method is subject to our applicable Stored Payment Terms and Conditions. Except as otherwise expressly described herein or in our applicable Refund Policy, all sales on the Wraps & Bids Platform and Fees paid by you to Wraps & Bids are final and non-refundable.
Timing of Charges for Service Providers on Wraps & Bids: As a Service Provider using Wraps & Bids, there are different points at which your payment method may be charged: Wraps & Bids may offer differing services or features containing different payment terms. You agree to read any additional terms and conditions that may apply to such services or features.
Default Payment Method: For ordinary charges, Wraps & Bids will first attempt to charge the Service Provider’s default payment method. In the event that Wraps & Bids is unable to charge that payment method for any reason—including but not limited to exceeding a payment method's credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect—you agree that Wraps & Bids may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Wrap Services. If Wraps & Bids is unable to charge the default payment method, Wraps & Bids may attempt to charge any other payment methods associated with your Account in any order.
Penalties as a Fee: Wraps & Bids may also charge penalty Fees for fraud, misconduct, late payment, or other violations of the TOU, as determined in our sole discretion. Information about current penalty Fees may be available on the Wraps & Bids website.
In addition, Wraps & Bids may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.
You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Wraps & Bids cannot charge a payment method for any reason, Wraps & Bids reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Wraps & Bids or by anyone on our behalf, including but not limited to a third-party collection agent.
If we cancel your Account for violation of the TOU or if you cancel your Account at any time, you will not receive any refund on any amounts that may be owed to you by Wraps & Bids, and you will no longer be able to redeem any benefits or incentives that may have been previously awarded, conferred, or credited previously. If you have a balance due on your Account, you agree that Wraps & Bids may charge such unpaid Fees to your default payment method, or if that payment method fails, any back-up payment method saved to your Account, or otherwise bill you for such unpaid Fees.
Taxes: Payments required by the TOU may be stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of, or use of the Wrap Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Wrap Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Wraps & Bids can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Wraps & Bids when Wraps & Bids includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Providers or Consumers.
Opt-in to Communications: In order to ensure appropriate charging of Fees and compliance with the TOU, Wraps & Bids may track the communications between Consumers and Service Providers that occur off of the Platform but through features and services provided by Wraps & Bids (e.g., via messenger, phone call, SMS text message, or any other means), whether initiated by a Consumer or Service Provider, at all times to the extent permitted by applicable law. In order to track such communications, Wraps & Bids may obscure Service Provider contact information in a Service Provider profile, replace Service Provider contact information in a Service Provider profile with a different piece of contact information that will forward to the Service Provider, or take any other step reasonably calculated to track the occurrence of such communications. If you send text messages to a Consumer or Service Provider using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages on services and features we make available to you (e.g., messenger). We track these text messages for lawful purposes and those purposes set forth in our Privacy Policy, including, for example, fraud prevention, to ensure appropriate charging of Fees, to enforce the TOU, and for quality and training purposes. Please see our Privacy Policy for more information. As part of this process, Wraps & Bids and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
By agreeing to these TOU and providing your phone number, you affirmatively opt-in and consent to receiving marketing, promotional, and/or informational communications via phone, including by text message / SMS. Wraps & Bids is not responsible for any costs associated with such messages, and you may be subject to message and/or data rates from your carrier, provider, or other parties. Wraps & Bids text messaging may not function on all phone models or with all carriers or providers, and as such, we make no representation or warranty about the availability of such communications. Wraps & Bids, its agents, and/or affiliates may contact you at the number provided regarding a) information requested or which may be thought to be beneficial to you, b) in connection with providing or facilitating services (e.g. providing notifications about job posts, bid status, bid comparison reports, etc.), and/or c) in response to inquiries by you. To opt out of promotional/marketing text messaging you may respond to a message with any of the quoted language “STOP”. You are not required to be signed up for text messaging as a condition of access to the Platform or as a condition to seek or receive services through the Platform.
By opting into SMS from our web form while posting your wrap job as a Consumer or while registering in our marketplace as Service Provider, you are agreeing to receive SMS messages from Wraps and Bids. This includes SMS messages for account notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.wrapsandbids.com/privacy. Message HELP for help. Reply STOP to any message to opt out.
Subscriptions: Wraps & Bids may offer additional, subscription-based, online services to certain Consumers and/or Service Providers (“Subscription Services”). Please note that suchSubscription Services, if applicable and made available to you by Wraps & Bids, will be subject to additional terms and conditions. We encourage you to review such additional terms and conditions prior to signing up to any such Subscription Services.
Automatic Renewal: Subscription Services, where made available to you by Wraps & Bids, maybe subject to automatically renewing subscription terms. Where applicable, at the end of your Subscription Service subscription, your subscription will automatically renew for periods of thesame length as your original subscription. You can opt-out pursuant to the methods and procedures set forth in the applicable Subscription Service terms and conditions. Contact Wraps & Bids customer service for further information or support. Such automatic renewal(s) will result in an automatic charge of the Fee (as such Fee may be modified as provided above) using the payment method on file for your Account. Such renewal payment will take place on or about your renewal date. Your subscription will continue, and your payment method will becharged until you cancel the subscription, which you may do at any time by the methods setforth in the applicable Subscription Service terms and conditions.
Facilitated Payments: The Wraps & Bids platform may facilitate payments between Consumers and Service Providers (“Facilitated Payments”) through our payment processing partners (each a “PPP”), but Wraps & Bids is not a party to any such Facilitated Payments or any Wrap Services related thereto. Unless otherwise indicated, Facilitated Payments may be made for services only; Facilitated Payments for tangible personal property are prohibited. By agreeing to these terms or continuing to operate as a Service Provider on the Platform, you hereby appoint Wraps & Bids to act as your agent for the limited purpose of facilitating and receiving Facilitated Payments on your behalf through a PPP as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Facilitated Payment disputes, once a Facilitated Payment has been made through the Wraps & Bids Platform, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Facilitated Payment by Wraps & Bids as though the payor User had made the Facilitated Payment directly to the payee User.
Wraps & Bids does not offer any professional services directly or indirectly unless specified in a separate contract to which Wraps & Bids is a direct party. Any time a Consumer pays for or books Wrap Services on the Platform or receives a quote in connection with Wrap Services, such Consumer is contracting directly with the Service Provider offering such Wrap Service. Notwithstanding any facilitation of booking or payment, you understand and agree that Wraps & Bids (i) does not sell, offer, provide or subcontract any Wrap Service and (ii) is not liable in any way for any Wrap Service, except to the extent expressly set forth herein (noting Wraps & Bids’ role as a marketplace only, not in a role of a provider, contractor, or subcontractor of Wrap Services). Notwithstanding Wraps & Bids’ role as a payment facilitator, each Service Provider who receives any portion of Facilitated Payments understands and agrees that they are obligated to perform the Wrap Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract.
Service Providers who receive monies as a result of Facilitated Payments from Consumers on Wraps & Bids must agree to the applicable PPP’s terms and conditions. Service Providers should never agree to receive any portion of a Facilitated Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such PPP agreements and, in particular, Service Providers should note that they will need a social security number or employer identification number in order to receive any portion of Facilitated Payments. As a Service Provider, by agreeing to these terms or continuing to operate as a Service Provider on Wraps & Bids, you agree to be bound by the applicable PPP’s terms and conditions, as those agreements may be modified by applicable PPPs from time to time. As a condition of receiving payment processing services through PPPs, you agree to provide Wraps & Bids with accurate and complete information about you and your business, and you hereby authorize and direct Wraps & Bids to disclose this information and transaction information related to your use of the payment processing services provided by applicable PPPs, to such PPPs. Service Providers also agree that Wraps & Bids may debit their PPP account(s) in connection with disputes with Consumers. Wraps & Bids reserves the right to process such debits and to withhold final payments until Wraps & Bids has investigated disputes. Wraps & Bids may make a final decision on disputes in their sole and absolute discretion and, as a Service Provider, you understand that all portions of Facilitated Payments you may earn on the Platform are subject to such decisions. Additionally, Service Providers agree that Wraps & Bids may reverse payments that have been made to a Service Provider’s applicable PPP account when a customer refund is warranted, including in connection with such Service Provider’s actions or inactions that are prohibited by the TOU.
As a Consumer making a Facilitated Payment through a PPP, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize the applicable PPPs to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. When you store a payment method with us, you agree to our applicable Stored Payment Terms and Conditions. Do not share your payment card, bank account or other financial information with any other User. We take reasonable and appropriate steps designed to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
Wraps & Bids may enable you to make Facilitated Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.
If you choose your bank account as your Facilitated Payment method, you authorize applicable PPPs to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Wraps & Bids or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account. Your authorization will remain in effect until canceled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.
If your full payment is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.
Facilitated Payment Disputes: All requests for Facilitated Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Wraps & Bids in accordance with the rules applicable to the payment method you used to make the Facilitated Payment and will be in Wraps & Bids’ sole and absolute discretion. Wraps & Bids is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Wraps & Bids support at wecare@wrapsandbids.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.
If your actions result in, or are likely to result in, a Payment Dispute, a violation of the TOU or the creation of other risks to Wraps & Bids or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may, to the extent legally permitted, withhold any amounts owed to you in our sole and absolute discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.
If you fail to make Facilitated Payments that you owe when due, or if Wraps & Bids is unable to charge one of your payment methods for any reason, Wraps & Bids reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Wraps & Bids or by anyone on our behalf, including but not limited to a third-party collections agent. Wraps & Bids may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.
Information: Wraps & Bids may publicly display advertisements, paid content, and other information sponsored by itself or others. The manner, mode, and extent of such advertisements are subject to change without specific notice to you. Service Providers may compensate Wraps & Bids to set themselves apart in search results and therefore rank differently. Wraps & Bids may impose certain quality-related standards for Service Providers to qualify for differentiation in positioning or rank, and such standards may be enforced and/or changed at any time. The provision of advertisements, paid content, or other sponsored information as noted above does not imply that Wraps & Bids monitors or endorses any such product, service, Service Provider, or website being promoted.
Additionally, the Platform may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Wraps & Bids monitors or endorses these websites or their respective practices. Wraps & Bids does not accept any responsibility for such websites. Wraps & Bids shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. The TOU and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.
Disputes Among or Between Users: Wraps & Bids values our Service Providers and Consumers, and we understand that disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Wraps & Bids’ request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Wraps & Bids or a neutral third-party mediator or arbitrator selected by Wraps & Bids. Notwithstanding the foregoing, you acknowledge and agree that Wraps & Bids is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.
IP Rights: Wraps & Bids Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in the TOU, Wraps & Bids and our licensors exclusively own all right, title, and interest in and to the Platform and Wraps & Bids Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Wraps & Bids used herein are trademarks or registered trademarks of Wraps & Bids. No licenses, express or implied, are granted by Wraps & Bids to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Wraps & Bids and all such rights are reserved and retained by Wraps & Bids. ALL RIGHTS RESERVED.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Feedback: By sending us any Feedback you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Wraps & Bids and our Users any claims and assertions of any moral rights contained in such Feedback. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. This Feedback section will survive any termination or expiration of the TOU, your Account, or the Platform.
Users are required to comply with copyright law. We may, in our sole and absolute discretion, suspend or terminate the Account of any User who infringes or is believed to be infringing upon the rights of copyright holders.
Wraps & Bids does not endorse, warrant or make any representation (except those expressly and unambiguously made by Wraps & Bids directly on the Platform) concerning any User, or any Wrap Services, and Wraps & Bids is not a party to any agreements between or among users, Users, or third-parties. Wraps & Bids does not perform Wrap Services and disclaims all liability with respect thereto except to the extent expressly set forth herein. No agency, partnership, joint venture, or employment is created as a result of the TOU or any user's or User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Wraps & Bids nor any Users or users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other. Users are required by the TOU to provide accurate information, and although Wraps & Bids may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Wraps & Bids services they are using or any involvement by Wraps & Bids personnel in providing or scheduling those services.
Wraps & Bids may provide information, lists, suggestions, or similar content (collectively, “Wrap Knowledge”) concerning wrapping of vehicles. Wrap Knowledge may contain information about the wrapping process, but Wrap Knowledge is not comprehensive, is not intended to be comprehensive, and it is not tailored to any User's specific vehicle. Any information provided in connection with Wrap Knowledge is provided based on generalized, public knowledge concerning wrapping and is not provided by experts. Wrap Knowledge should be considered only in conjunction with the advice of experts and should never be construed as comprehensive. Wraps & Bids disclaims any warranties or representations with respect to Wrap Knowledge and you hereby acknowledge and agree that Wraps & Bids will not be liable for your reliance thereon. Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards and does not represent anything else. Wraps & Bids does not conduct background checks on every Service Provider that may provide Wrap Services. Any such description is not an endorsement, representation, warranty, certification or guarantee by Wraps & Bids and is not verification of a Service Provider’s identity and whether they or their Wrap Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform, and you hereby acknowledge and agree that Wraps & Bids will not be liable for your reliance thereon. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Except as specifically described herein and including its exclusions and limitations, Wraps & Bids has no responsibility for any damage or harm resulting from your interactions with other Users.
The Mutual Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Wraps & Bids. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Wraps & Bids with respect to such actions or omissions.
Without limiting any other rights, Wraps & Bids may, in our sole discretion, take any action permitted by law for any violation of the TOU or any other policy or agreement between you and Wraps & Bids, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Wraps & Bids in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of the TOU, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
We may, in our absolute and sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Wraps & Bids Account in whole or in part. If we exercise our discretion under the TOU to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Wraps & Bids support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; (c) you will not be entitled to any compensation for Platform services or Wrap Services canceled or delayed as a result of Account termination; (d) you will not be entitled to a refund of any Fees; and (e) you will no longer be entitled to redeem any benefit of any kind that may have been awarded or conferred previously.
You may cancel your use of the Platform and/or terminate your Account at any time, subject to your payment in full of all sums owed to Wraps & Bids, by transmitting an email from the email address associated with your Account to wecare@wrapsandbids.com with the subject line “USER TERMINATION OF ACCOUNT”, with the body of such email containing a request detailing the account which you desire to cancel, and Wraps & Bids confirmation of such termination. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.
By agreeing to the TOU, the parties agree to resolve any and all disputes as follows:
Initial Dispute Resolution & Mediation: The parties agree to attempt informal resolution. You can reach Wraps & Bids’ support department at wecare@wrapsandbids.com.
Except for small claims and issues relating to intellectual property, the parties agree to use best efforts to resolve any dispute, claim, question, or disagreement directly through communication with the Wraps & Bids support department and having attempted good faith negotiations will be a required condition precedent to either party initiating a lawsuit. You or Wraps & Bids must first send a written notice to the other party providing a detailed description of the dispute; your name and contact information (address, telephone, email, and account number if applicable); sufficient information to enable you or Wraps & Bids to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a calculation of any damages). Your notice must be sent via certified mail to Wraps & Bids at 5900 Balcones Dr., Ste. 100, Austin, TX 78731, ATTN: Legal. Our notice will be sent using the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute.
If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. Likewise, if requested by you in connection with a notice initiated by us, we agree to have a Wraps & Bids representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). There is no cost to participate in this process. If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence litigation consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating litigation.
Any applicable limitations period (including statutes of limitations) shall not be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and further, any litigation shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to litigation, which includes the power to enjoin further litigation activities until compliance with the informal dispute resolution process is met. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief.
Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through informal dispute resolution, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court in Collin County, Texas for disputes or claims within the scope of that court's jurisdiction.
GOVERNING LAW: The TOU and the relationship between you and Wraps & Bids will be governed in all respects by the laws of the state of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Wraps & Bids must be resolved by a court located in Collin County, Texas, or a United States District Court, Eastern District of Texas, located in Sherman, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Collin County, Texas or the United States District Court, Eastern District of Texas located in Sherman, Texas. You hereby waive any and all jurisdictional and venue defenses otherwise available. This section of the TOU will survive any termination or expiration of the terms in the TOU, your Account, or the Platform.
DISCLAIMERS: YOUR USE OF THE PLATFORM, WRAP SERVICES (OR PROVISION THEREOF), USER CONTENT, OR MUTUAL CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WRAPS & BIDS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SERVICE PROVIDERS AND CONSUMERS. THE PLATFORM AND MUTUAL CONTENT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Wraps & Bids AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NONINFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE WRAP SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL MUTUAL CONTENT. WRAPS & BIDS MAKES NO WARRANTY THAT THE PLATFORM OR WRAP SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Wraps & Bids ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. WRAPS & BIDS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR MUTUAL CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WRAPS & BIDS OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY UNDER APPLICABLE LAW, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE OR JURISDICTION-BY-JURISDICTION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, SERVICE PROVIDERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT Wraps & Bids DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS ON OR MADE THROUGH THE PLATFORM OR TO REVIEW OR VET ANY WRAP SERVICES. WRAPS & BIDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE WRAP SERVICES. WRAPS & BIDS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, OR THIRD PARTIES.
WRAPS & BIDS MAY PROVIDE PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST TO SERVICE PROVIDERS. SUCH PHONE NUMBERS ARE NOT VERIFIED AND WRAPS & BIDS MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
LIABILITY LIMITATION: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND MUTUAL CONTENT, YOUR OFFERING OR PROVIDING WRAP SERVICES OR REQUESTING OR RECEIVING WRAP SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WRAPS & BIDS OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER WRAPS & BIDS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WRAPS & BIDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TOU AND ITS TERMS OR THE PLATFORM; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, WRAP SERVICES OR MUTUAL CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING WRAP SERVICES OR REQUESTING OR RECEIVING WRAP SERVICES THROUGH THE PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF WRAPS & BIDS AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TOU AND/OR ITS TERMS, PLATFORM, WRAP SERVICES, AND/OR MUTUAL CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, USER CONTENT, OR MUTUAL CONTENT OR IN CONNECTION WITH ANY WRAP SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO WRAPS & BIDS BY YOU HEREUNDER, OR ONE HUNDRED FIFTY U.S. DOLLARS ($150.00 USD) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATIONS IN THIS SECTION OR THE TOU AND ITS TERMS WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.
THIS SECTION OF THE TOU WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE TOU, YOUR ACCOUNT, OR THE PLATFORM.
INDEMNIFICATION/RELEASE: You agree to release, defend, indemnify, and hold Wraps & Bids and our affiliates and subsidiaries, and Wraps & Bids’ and our affiliates' and subsidiaries' respective officers, directors, licensors, employees and agents, harmless from and against any claims, fines, penalties, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with: (a) your violation of the TOU; (b) your User Content or use of the Platform; (c) your interaction with any User; (d) your violation, infringement, or misappropriation of the rights of any User, Consumer or party, including, without limitation, any intellectual property, proprietary, privacy or other rights of such party; and (e) the request or receipt or offer or provision of Wrap Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Wrap Services. Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Wraps & Bids and our affiliates and subsidiaries, and Wraps & Bids’ and our affiliates' and subsidiaries' respective officers, directors, licensors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of the TOU. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. Where you have an obligation under this Indemnification and Release section of the TOU, Wraps & Bids reserves, and you grant to us, the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any such matter subject to indemnification by you under this Section of the TOU without the prior written consent of Wraps & Bids. This section of the Terms will survive any termination or expiration of these TOU, your Account, or the Platform.
User Geography: The Platform is intended for users who reside in the United States of America. We make no representations or warranties that the Platform, Mutual Content, or Wrap Services are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of the Platform and/or the provision of any Mutual Content or Wrap Service to any person, geographic area or jurisdiction, at any time and in our sole discretion. You represent and warrant that: (i) you will perform under the TOU in compliance with all applicable laws and regulations; you are not: (1) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (2) listed on any U.S. Government list of prohibited or restricted parties; and (ii) all information you provide in connection with your access to or use of the Platform is true, accurate, and complete.
Force Majeure: Other than payment obligations, neither Wraps & Bids nor you will be liable to the other for any delay or failure in performance under the TOU arising out of a cause beyond your or our control and not otherwise due to your or our breach of the TOU, fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
Absence of Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in the TOU or your applicable agreement(s) with Wraps & Bids, there will be no third-party beneficiaries to the TOU. The TOU and all rights hereunder are not assignable, transferable, or sublicensable by you absent your obtaining Wraps & Bids’ prior written permission, agreement, and consent.
Contacting and Electronic Consent: You agree that Wraps & Bids may contact you by email, regular mail, or postings on the Platform for the purposes of providing you with notices, including, but not limited to, those concerning changes to the TOU. With your consent, Wraps & Bids, Consumers, Service Providers, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Wraps & Bids, Consumers, Service Providers, or other individuals you also consent to the use of an electronic record to document such agreement by you. Withdrawal of your consent to the use of such electronic records is to be made by sending an email to wecare@wrapsandbids.com with "Revocation of Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.
Entire Agreement: The TOU, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Wraps & Bids on the Platform or otherwise referenced herein and other written and executed agreements between you and Wraps & Bids, constitute the entire agreement between you and Wraps & Bids regarding the Platform or Wrap Services obtained through the Platform.
Severability: If any provision of the TOU is deemed inapplicable, invalid, impermissible, illegal, or otherwise unenforceable by a court holding competent jurisdiction, such provision shall be deemed severable from the rest of the TOU and the invalidity of such provision will not affect the validity or enforceability of the remaining provisions of the TOU, which will remain in full force and effect.
Waiver: No waiver of any provision of the TOU will be deemed a further or continuing waiver of such term or any other term, and Wraps & Bids’ failure to assert any right or provision under the TOU will not constitute a waiver of such right or provision. The TOU shall be construed as establishing any partnership, joint venture, or other such arrangement, unless expressly and specifically stated in a separately executed agreement creating such effect.No waiver of any provision of the TOU will be deemed a further or continuing waiver of such term or any other term, and Wraps and Bids’ failure to assert any right or provision under the TOU will not constitute a waiver of such right or provision. The TOU shall be construed as establishing any partnership, joint venture, or other such arrangement, unless the expressly and specifically stated in a separately executed agreement creating such effect.
Statute of Limitations: You agree that despite any contrary statute or law, any claim arising out of or related to the Platform, or the Services offered, must commence within twelve (12) months after the cause of action accrues; otherwise, such cause of action is barred permanently. Notwithstanding the foregoing, some jurisdictions, may prohibit the time limitation set forth in this section, and in such instance, the statute of limitations called for herein will apply only to the extent permitted by applicable law..
Headings: The headings in the TOU are for convenience only and are not to be given legal effect.
Contact Information: For queries about the TOU or the Platform, contact us here: wecare@wrapsandbids.com.
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