This Terms is entered into between You (hereinafter referred to as “Your,”“Users,” “Clients,”) and Wraps of Monroe, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (hereinafter referred to as “Wraps of Monroe,” “Company,” “We,” or “Us,”), with a principal place of business at [COMPANY ADDRESS]. Notwithstanding any language used in this Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content, your engagement of Wraps of Monroe’s services, your request that Wraps of Monroe contact you about its services, and/or your participation in Wraps of Monroe’s sales / reward program and services.
These Terms govern the sales of any products ordered by you and offered on the Site. By your continual usage and in agreement to order a Product, you agree to be legally bound by these Terms. Wraps of Monroe provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”).
This website is owned and operated by Wraps of Monroe LLC. We reserve the right, to change, modify, add, or remove portions of both the Terms at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms regularly for updates. Your continued use of the Site following the posting of changes to these Terms constitutes your acceptance of those changes.
Kindly review the Terms listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms without modification. You agree that if you are unsure of the meaning of any part of these Terms or have any questions regarding the Terms, you will not hesitate to contact us for clarification. These Terms fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
The Wraps of Monroe Service is only an e-commerce business and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy on the platform. The Service acts as an online marketplace for users to view order and purchase fashion items.
We are not affiliated with or endorsed by any designer, manufacturer, retailer or brand that users buy on Wraps of Monroe's marketplace. There are risks that you assume when dealing on the internet. You agree that all of these risks are borne by you, and not Wraps of Monroe. We do not control the behavior of other users of the Service or the information or other content provided by other users that is made available through the Service. We cannot assure that all transactions will be completed flawlessly.
All Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms, also words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.USE OF THE SITE
You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Age Restrictions:You confirm that you are at least 16 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms. If you do not agree with the Terms or do not wish to be bound by them, you agree to refrain from using this website.
License Grant:We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
Prohbition:These Terms specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. See Conditions of Use below.
License Revocation:Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Account Registration:Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
Username and Passwords:The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process, you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.CONDITIONS OF USE
You agree, undertake and confirm that your use of Wraps of Monroe shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Wraps of Monroe reserves the right to bar any such activity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wraps of Monroe or others.
You understand that Wraps of Monroe has the right at all times to disclose any information (including the identity of the persons providing information or materials on Wraps of Monroe Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Wraps of Monroe shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.TERMS OF SALE
The following terms apply to our and your purchase of the products offered on the platform
(“Products”).FORMATION OF CONTRACT
Both parties agree that browsing the website and gathering information regarding the services provided by Wraps of Monroe does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the Wraps of Monroe contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.ACCEPTANCE OF ELECTRONIC DOCUMENTS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.PRODUCT DESCRIPTIONS
We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.AVAILABILITY AND PRICING
Wraps of Monroe reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are available for shipment only to the United States, Canada and the United Kingdom, and all prices are quoted in U.S. dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by Wraps of Monroe will be added to your order and will appear as a separate charge on your order receipt/confirmation. If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that Wraps of Monroe shall have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection therewith. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.ORDER ACCEPTANCE
Please note that the price quoted for each item on the Site should be regarded as an invitation for offer and should not be regarded as an offer. Your order is an offer for purchase, which will be accepted when Wraps of Monroe confirms your order. There may be certain orders that we are unable to accept and must cancel. Wraps of Monroe reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.TRANSFER OF TITLE
Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize Wraps of Monroe to engage third party shipping services on your behalf.PURCHASE AND SALE TRANSACTIONS
Payments, Fees and Transactions:Registering for the Service is free; however, Wraps of Monroe charges certain fees for various transactions effected through the Service. Unless otherwise stated, all fees are quoted in United States Dollas ($). We accept payment via Visa, MasterCard and America Express, PayPal and Discovery etc. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Wraps of Monroe (which shipping costs are detailed in the Fee Policy) and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available through the Service, but will be
displayed to buyers before confirmation of any purchase. For clarity, all shipping costs paid will be retained by Wraps of Monroe.
Credit Card Transactions:To the extent you as a buyer effect any transactions using a credit card, you must have a valid credit card on file, and we will (or a third party credit card processor may) store your credit card information. Wraps of Monroe will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.
Fee Modifications:We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service.
Notethat Wraps of Monroe reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Wraps of Monroe and its users from illegal or wrongful activities.
Buying:If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the Terms specified therein (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms, subject to the return procedure described below.
Returns:We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue in the Wraps of Monroe Service within 3 days after delivery of the purchased item. Alternatively, you can also email us within 3 days after delivery at firstname.lastname@example.org let us know.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.TAXES, DELIVERY/SHIPPING AND HANDLING
Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by Wraps of Monroe in its sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.ORDER CANCELLATION
Wraps of Monroe reserves the right to cancel any order without any explanation for doing so, under situation where Wraps of Monroe is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Wraps of Monroe policy or for any reason. However, Wraps of Monroe will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.DAMAGED OR INCOMPLETE SHIPMENT
If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion. Additional or different rules apply to UK customers in respect of damaged or incomplete shipments which can be found here.INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks:You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Wraps of Monroe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Wraps of Monroe, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Wraps of Monroe.
The Wraps of Monroe name and logos are trademarks and service marks of Wraps of Monroe (collectively the "Wraps of Monroe Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wraps of Monroe. Nothing in these Terms or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Wraps of Monroe Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Wraps of Monroe Trademarks will inure to our exclusive benefit.
Electronic Communications:When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
Third Party Material:Under no circumstances will Wraps of Monroe be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Wraps of Monroe does not pre-screen items or content, but that Wraps of Monroe and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Wraps of Monroe and its designees shall have the right to remove any item or content that violates these Terms or is deemed by Wraps of Monroe, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
Our Infringement Policy:Wraps of Monroe respects the intellectual property of others, and we ask our users to do the same. Wraps of Monroe will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
The above information should be sent to Wraps of Monroe LLC's Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: email@example.com(Subject line: "DMCA Takedown Request").THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Wraps of Monroe has no control over such sites and resources and Wraps of Monroe is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Wraps of Monroe 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Wraps of Monroe is not liable for any loss or claim that you may have against any such third party.DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WRAPS OF MONROE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WRAPS OF MONROE MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WRAPS OF MONROE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WRAPS OF MONROE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I.) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II.) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III.) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV.) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V.) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL WRAPS OF MONROE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO WRAPS OF MONROE AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.SECURITY
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Wraps of Monroe suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
You allow Wraps of Monroe to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. Wraps of Monroe'S registration documents and the Site's registered domain name are checked and verified by Let's Encrypt.DATA PROTECTION
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Wraps of Monroe or otherwise used by Wraps of Monroe as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.TERMINATION
You agree that Wraps of Monroe, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if Wraps of Monroe believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Wraps of Monroe may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the
Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Wraps of Monroe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wraps of Monroe shall not be liable to you or any third-party for any termination of your access to the Service.INDEMNITY AND RELEASE
You agree to release, indemnify and hold Wraps of Monroe and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Manassas, Virginia in English and governed by American law amended, replaced or re- enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Virginia, USA and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.SEVERANCE
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.FORCE MAJEUR
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi- governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood,
drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or Wraps of Monroe may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Wraps of Monroe shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.GOVERNING LAW
These Terms shall be governed by, construed and enforced in accordance with the laws of Manassas, Virginia without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Manassas, Virginia, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.NO AGENCY
You and Wraps of Monroe are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.MISCELLANEOUS PROVISIONS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms to any third party.AMENDMENTS
As states above, we reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms.
You understand and agree that sending unsolicited email advertisements to Wraps of Monroe email addresses or through Wraps of Monroe computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in New Jersey. Any unauthorized use of Wraps of Monroe computer systems is a violation of these Terms and certain federal and state laws.YOUR PRIVACY
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.HEADINGS/INTERPRETATION
The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement.CONTACT US
Please contact us at firstname.lastname@example.org report any violations of these Terms or to pose any questions regarding these Terms, the products or the Service. Feel free to send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to the support page on the website or to our physical office address: [COMPANY ADDRESS].
Last updated on 25th April, 2020