Terms of Use

CHAPPYWRAP WEB SITE TERMS OF USE
THANK YOU FOR SHOPPING AT CHAPPYWRAP.COM. PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OUR WEB SITE. BY USING OUR WEB SITE, YOU INDICATE YOUR UNCONDITIONAL
ACCEPTANCE OF THESE TERMS OF USE.

CHAPPYWRAP.COM, maintains this web site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, purchase, and download materials subject to the terms and conditions set out below.

Use of CHAPPYWRAP.COM'S Web Site and Its Content We may alter, suspend, or discontinue this Site in whole or in part,
at any time and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you for personal, non-commercial use only to view, copy, download, and print posted documents (such as product descriptions, prices, forms, and FAQs) that are available on this Site, subject to the following conditions:

1. The documents may be used solely for internal informational purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.

By using this Site, you agree to indemnify, hold harmless and defend CHAPPYWRAP.COM and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of
defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. Chappywrap reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Intellectual Property Rights
Unless otherwise noted, all text and images contained on this Site are the property of CHAPPYWRAP.COM and/or their respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "CHAPPYWRAP.COM" is a registered trademark of CHAPPYWRAP.COM (ChappyWrap, LLC). Any other product names are trademarks or registered trademarks of their respective owners.

Our graphics, logos, page headers, button icons, scripts, service names, and other components of our Web site and related materials are trademarks or trade dress of CHAPPYWRAP. Chappywrap's trademarks or trade dress may not be used in connection with any product or service that is not Chappywrap's, in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits Chappywrap.

Accuracy of Content; Future Modifications to Web Site; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If a product offered by us is not as described, your sole remedy is to return it in unused condition.

Prohibited Conduct
You agree to use this Site only for lawful purposes. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a
registered user of this Site or a Chappywrap employee; (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (6) misrepresent the identity of a user; (7) tamper with or obtain access to this Site or any component of this Site; (8) conduct fraudulent activities; or (9) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

We may disclose any content, electronic communication, evidence or potential evidence of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Chappywrap; (iii) to protect the rights or property of Chappywrap, its affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce or apply these Terms of Use.

Fraud
Chappywrap.com (ChappyWrap, LLC) actively reports and prosecutes actual and suspected credit card fraud.

We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our discretion. Chappywrap.com reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.

Chappywrap.com captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Chappywrap.com order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. Chappywrap will cooperate with authorities to prosecute offenders to the full extent of the law.

Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf.

Disclaimer of Warranty
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CHAPPYWRAP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S)
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.

Limitation of Liability
IN NO EVENT SHALL CHAPPYWRAP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF
THE CHAPPYWRAP WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE CHAPPYWRAP WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR
OTHERWISE, EVEN IF CHAPPYWRAP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL CHAPPYWRAP's TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY
THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (U.S.$1.00).

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Privacy Issues
We are concerned about privacy matters for our customers. Please review our Privacy Policy, which also governs your visit to our Site.

Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

Submission of Ideas, Comments and Questions
We welcome your feedback about our Site and its contents. However, any comments, ideas, notes, messages, suggestions or other communications (collectively, "Submissions") shall be and remain the exclusive property of Chappywrap.com. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO CHAPPYWRAP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE SUBMISSION TO CHAPPYWRAP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO CHAPPYWRAP THAT CHAPPYWRAP IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CHAPPYWRAP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Links to Third-Party Web Sites
This Site may contain links to non-Chappywrap.com web sites. These links are provided to you as a convenience, and you access them at your own risk. We are not responsible for the content of any linked web site or any bulletin board associated with us. Any outside web site accessed from our Site is independent from Chappywrap.com, and
we have no control over the content of such web sites.

No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party. Likewise, a link to any non-Chappywrap web site does not simply that we endorse or accept any responsibility for the content or use of such a web site.

Termination of Use
The Company may, in its sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Jurisdictional Issues
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforcement of Terms of Use
These Terms of Use and any dispute of any sort that might arise between you and Chappywrap or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State
or Federal Courts of the Commonwealth of Massachusetts; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or
cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Severability; Modifications
If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

We reserve the right to make changes to the Site and our policies and promotions at any time.

Users/Participants
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy.

Entire Agreement
These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Updated as of July 1, 2005