Privacy Policy and Terms of Service Tracwrap.com

 

 

Privacy Policy

This is the web site of TRACWRAP.

We are headquartered in:
San Antonio, Texas

To contact by via email please send to support@xpel.com or to contact by phone at 1-678-3700. For each visitor to our web page, our web server automatically recognizes no information regarding the domain or e-mail address. We collect email addresses of newsletter subscribers and winners of bi-monthly giveaways. The information we collect is used to communicate with subscribers and mail winners prizes. We use cookies to allow customers to log-in to our TRACWRAP store.

If you do not want to receive e-mails from us in the future, please let us know by sending us  an e-mail at the above address.

If you give us your mailing address,  we will only send information for which you gave us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.

We do not partner with or have special relationships with any ad server companies.

Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them.

We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Terms of Service

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSON(S) YOU ARE REPRESENTING WITH RESPECT TO XPEL TECHNOLOGIES CORP., DO NOT AGREE TO ANY OF THE FOLLOWING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

XPEL Technologies Corp. provides a collection of aftermarket solutions for auto owners. The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by XPEL Technologies Corp.

  1. 1. Solutions (products) and Support1.1 The Solutions are provided subject to the following terms and conditions and any operating policies that XPEL Technologies Corp. may establish (the “Agreement”). XPEL Technologies Corp. may make changes to this Agreement, and continued use of the Solutions constitutes Customer’s acceptance of any such changes.1.2 Customer must complete a registration form in order to purchase Solutions. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer’s XPEL Technologies Corp. account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account. XPEL Technologies Corp. reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
  2. 2. Restrictions and Responsibilities2.1 This is an Agreement for Solutions. Customer will not, directly or indirectly: attempt to discover the underlying structure, ideas, or formula of the Solutions, documentation, or data related to the Solutions; modify, or create derivative works based on the Solutions; copy or remove any proprietary notices or labels.2.2 Customer hereby agrees to indemnify and hold harmless XPEL Technologies Corp. against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although XPEL Technologies Corp. has no obligation to monitor the content provided by Customer on TRACWRAP.com or Customer’s use of the Solutions, XPEL Technologies Corp. may do so and may remove any such content or prohibit any use of the Solutions it believes may be (or alleged to be) in violation of the foregoing.2.3 For every e-mail message sent in connection with the Solutions, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.2.4 In using the varied features of TRACWRAP.com, Customer may provide information (such as name, contact information, or other registration information) to XPEL Technologies Corp… XPEL Technologies Corp. may use this information and any technical information about Customer’s use of this web site to tailor its presentations to Customer, facilitate Customer’s movement through this web site, or communicate separately with Customer. XPEL Technologies Corp. will not provide information to companies Customer has not authorized, and XPEL Technologies Corp. will not permit the companies that get such information to sell and redistribute it without Customer’s prior consent.
  3. 3. Termination3.1 Customer may terminate this Agreement at any time by sending an e-mail message to support@xpel.com .3.2 XPEL Technologies Corp. may terminate this Agreement at any time with or without cause, and with or without notice. XPEL Technologies Corp. shall have no liability to Customer or any third party because of such termination.3.3 Upon termination for any reason, XPEL Technologies Corp. may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
  4. 4. Warranty DisclaimerCUSTOMER USES THE SOLUTIONS AT ITS OWN RISK.  FILM SOLUTIONS INC. DOES NOT WARRANT THAT THE SOLUTIONS WILL BE PERMANENT; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOLUTIONS. THE SERVICES ARE PROVIDED “AS IS” AND XPEL Technologies Corp. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PAINT PROTECTION ABILITIES AND INSTALLATION OF TRACWRAP.
  5. 5. Limitation of LiabilityNOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BYXPEL Technologies Corp., XPEL Technologies Corp. AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF XPEL Technologies Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. 7. Miscellaneous7.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.7.1 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.7.2 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Film Solutions Inc. in any respect whatsoever.7.3 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.

    7.4 This Agreement shall be governed by the laws of the State of Texas, United States without regard to its conflict of laws provisions.

    7.6 We reserve the right to modify our pricing.

  7. 8. Payment and Renewal of Service8.1 Cancellations and Refunds. XPEL Technologies Corp. provides a money back guarantee for Solutions that are defective.8.2 Prohibited Offerings. No Customer may utilize the Solutions to provide, sell or offer to sell the following: replica or products; information used to violate the copyright(s) of, violate the trademark(s) of intellectual property or information of Solutions.8.3 Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).8.4 Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. XPEL Technologies Corp. is required by law to remove or block access to content appearing on or through TRACWRAP.com posts upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).

    8.5 Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

    8.6 Other Activities. Engaging in any activity that, in Film Solutions Inc. sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the TRACWRAP web community, XPEL Technologies Corp. business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of XPEL Technologies Corp. Customers to effectively use the Solutions is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with XPEL Technologies Corp. in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.

    8.7 Governing Law. These Terms shall be governed by the laws of the State of Texas without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of XPEL Technologies Corp., Customer agrees that all disputes, if any, involving XPEL Technologies Corp. shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Texas; provided, further, that all action brought against XPEL Technologies Corp. in State Court must be brought in Texas, United States. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving XPEL Technologies Corp. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under Texas long arm statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against XPEL Technologies Corp. outside the State of Texas; and, that Customer, if involved before a court in a lawsuit outside of the State of Texas, shall be deemed to support and to stipulate to a motion made by Interspire to dismiss said lawsuit with respect to XPEL Technologies Corp.

    8.8 Warranty Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SOLUTIONS ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. XPEL Technologies Corp. HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SOLUTIONS. THE SOLUTIONS MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY FILM SOLUTIONS INC. OR XPEL Technologies Corp. REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. XPEL Technologies Corp. DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. FXPEL Technologies Corp. DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. FILM SOLUTIONS INC DOES NOT WARRANT THAT THE SOLUTIONS ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SOLUTION IS COMPATIBLE WITH ANY SOLUTION OR XPEL Technologies Corp. SOLUTION IN PARTICULAR.

    8.9 Limitations on XPEL Technologies Corp. Liability. XPEL Technologies Corp. SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DAMAGE CAUSED WHILE USING XPEL Technologies Corp. SOLUTIONS FOR ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL XPEL Technologies Corp. BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF AUTO RESALE VALUE) WHETHER OR NOT XPEL Technologies Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. XPEL Technologies Corp SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. XPEL Technologies Corp. ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL XPEL Technologies Corp. LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO FILM SOLUTIONS INC FOR THE SOLUTION. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, FILM SOLUTION INC.’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    8.10 Indemnification of Interspire. You, the Customer, agree to defend, indemnify and hold XPEL Technologies Corp, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from XPEL Technologies Corp. own gross negligence or willful misconduct. XPEL Technologies Corp. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.