TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
These Terms of Use apply to your access to, and use of, all or part of any website of DBA Corporation and/or its subsidiaries and affiliates (collectively, “WRAPburger”).
By accessing this web site (“the Site”), you are agreeing to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Proper Use of our Site
You may not use our Site for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through our Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
Users and Accounts
In order to participate in certain areas of our Site, you will need to register for an account. In creating an account, you agree to:
1. Create only one account;
2. Provide accurate, truthful, current and complete information;
3. Keep your information updated and accurate;
4. Protect your password and access to your account;
5. Notify WRAPburgerif you discover or otherwise suspect that the security of your account has been compromised or breached; and
6. Take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.
This Site is not intended for use by anyone under the age of 13. Anyone between ages of 13 and 18 may only use the Site under the supervision of a parent or a legal guardian who agrees to be bound by these Terms of Use. When a user discloses personal information on the Site, the user is representing to us that he or she is over 18.
Use License
Permission is granted to browse through the Site and occasionally download a copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial). You must keep intact all copyright, trade-mark and other notices contained in your personal copies, and you may not remove any copyright or other proprietary notations from the materials. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the site. You may not attempt to alter or modify the content posted on the site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself. This license shall automatically terminate if you violate any of these restrictions and may be terminated by WRAPburgerat any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Termination
Notwithstanding any of these Terms of Use, WRAPburgerreserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
Disclaimer
The materials on our Site are provided “as is”. WRAPburgermakes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WRAPburgerdoes not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.
Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall WRAPburger, its officers, directors, employees, shareholders or agents, and any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages arising from the use or inability to use the materials on the Site, even if WRAPburgeror an WRAPburgerauthorized representative has been notified orally or in writing of the possibility of such damage. This includes but is not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use of this Site, line failure, computer virus, or other harmful component. In no event shall WRAPburger’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site. Because some jurisdictions, including California, do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Resolving Disputes
You and WRAPburgeragree that any claim, dispute or controversy arising out of, relating to or concerning the Site and / or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Los Angeles, California, USA. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any dispute. A claim under New Jersey Truth-in-Consumer Contract, Warranty and Notice Act is just one example of the type of claim subject to arbitration under this agreement. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and WRAPburgeragree that any judicial proceeding will be brought in the federal or state courts of Los Angeles County California. Both you and WRAPburger consent to venue and personal jurisdiction there.
Indemnification
You agree to defend, indemnify and hold harmless WRAPburger, its affiliates, franchisees, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any user content or ideas you provide; (c) your violation of these Terms and Conditions of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
Revisions and Errors
The materials appearing on our Site could include technical, typographical, or photographic errors. WRAPburgerdoes not warrant that any of the materials on its Site are accurate, complete, or current. WRAPburger may make changes to the materials contained on its Site at any time without notice. WRAPburgerdoes not, however, make any commitment to update the materials.
Linked Websites
You may be able to navigate away from our Site to other web sites which are linked to ours. Those web sites are not under our control. We are not responsible for the accuracy or reliability of the information on such linked web sites and we cannot vouch for the data, opinions, advice or statements made there. Even if we visit those web sites, we cannot be responsible for updating or correcting false or misleading information on any third-party web site. Further, we are not responsible for the goods or services that may be offered on other web sites. The inclusion of any link does not imply endorsement by WRAPburgerof the Site. Use of any such linked web site is at the user’s own risk.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to us through this Site (together, the “Submission”) will forever be the property of WRAPburger. WRAPburgerwill not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future WRAPburgeroperations. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right, license, and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.
Modifications to Site Terms and Conditions
We may revise these Terms and Conditions of use for its Site at any time without notice. By using this Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to our Site shall be governed by the laws of the Commonwealth of California without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the Commonwealth of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.
Severability
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Additional Terms
Certain products or services offered by this Site, and certain areas within this Site may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and these Terms and Conditions of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms and Conditions of Use, the Additional Terms shall control.
WRAPSODYCards
WRAPSODY may allow you to purchase stored value cards (“WRAPburger”) through the Site. Please refer to the WRAPburgerCards Terms and Conditions for more information about the terms, conditions and policies that apply to your purchase and use of WRAPburgerCards.
Privacy
For more information about the steps we take to protect your privacy, please see our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
Copyright and Trademark
Unless otherwise noted, all materials on this Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trademarks and/or other intellectual properties owned by WRAPburgeror by other parties that have licensed their material to WRAPburger. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by WRAPburger