Terms Of Service

These Terms of Service (“Terms”) govern your use of Impact Wrap, LLC (“Impact Wrap,” “we,” or “us”) fitness products; our websites, including impactwrap.com; the software embedded in Impact Wrap products and devices, the Impact Wrap software, the Impact Wrap mobile applications, subscriptions and other Impact Wrap services (collectively, the “Impact Wrap Service”).

You must accept these Terms to create an Impact Wrap account and to use the Impact Wrap Service. If you do not have an account, you accept these Terms by visiting www.impactwrap.com or using any part of the Impact Wrap Service. If you do not accept these terms, do not create an account, visit impactwrap.com, or use the Impact Wrap Service.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.Impact Wrap.com. We will notify you by email, through the Impact Wrap Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Impact Wrap Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that Impact Wrap collects through your use of the Impact Wrap Service is subject to the Impact Wrap Privacy Policy which is part of these Terms.

Who Can Use Impact Wrap?

You may use the Impact Wrap Service if you are over 13 years of age and are not barred from receiving services under applicable law.

Creating an Account

Full use of the Impact Wrap Service requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. Impact Wrap is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Impact Wrap Service. These communications are part of the Impact Wrap Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the Impact Wrap Service is dependent upon your use of one of our fitness products, a computer with adequate software, and/or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Impact Wrap Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The Impact Wrap Service

You may have the option to post photos and other content (“Your Content”) to the Impact Wrap Service. You retain all rights to Your Content that you post to the Impact Wrap Service. By making Your Content available on or through the Impact Wrap Service you grant to Impact Wrap a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Impact Wrap Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Impact Wrap Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You also agree that Your Content will comply with the following community guidelines:

1. Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
2. Do not post profane or explicit content.
3. Do not post pictures that might be considered inappropriate.
4. Do not post communications that could be interpreted as threatening or harassing.
5. Do not post, advertise, or promote products or services commercially.

Please report any violations of these guidelines to support@impactwrap.com.

Impact Wrap’s Rights

“Impact Wrap Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Impact Wrap Service to you. Except for Your Content, Impact Wrap Content, the Impact Wrap Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Impact Wrap Service.

What You Can Do On The Impact Wrap Service

Impact Wrap grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Impact Wrap Content, (2) access and use the software and mobile applications provided by the Impact Wrap Service, and (3) use the software that is embedded into Impact Wrap products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Impact Wrap Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Impact Wrap Content, Impact Wrap Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Impact Wrap or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The Impact Wrap Service

Except to the extent permitted by law, you may not do any of the following while accessing or using the Impact Wrap Service: (1) use, display, mirror or frame the Impact Wrap Service or any individual element within the Impact Wrap Service, Impact Wrap’s name, any Impact Wrap trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Impact Wrap’s express written consent; (2) access or tamper with non-public areas of the Impact Wrap Service, Impact Wrap’s computer systems, or the technical delivery systems of Impact Wrap’s providers; (3) test the vulnerability of any Impact Wrap system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Impact Wrap or any of Impact Wrap’s providers or any other third party (including another user) to protect the Impact Wrap Service or Impact Wrap Content; (5) access the Impact Wrap Service or Impact Wrap Content through the use of any mechanism other than through the Impact Wrap Service or Impact Wrap API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Impact Wrap provides to you or any other part of the Impact Wrap Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the Impact Wrap Service, Impact Wrap Content, or Your Content or to review or edit any Impact Wrap Content or Your Content, but we have the right to do so for the purpose of operating the Impact Wrap Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Impact Wrap Service, any Impact Wrap Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Impact Wrap Content, Your Content, or your use of the Impact Wrap Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Impact Wrap Service.

Use The Impact Wrap Service At Your Own Risk

Our goal is to provide helpful and accurate information on the Impact Wrap Service, but we make no endorsement, representation, or warranty of any kind about any Impact Wrap Content, information, services, or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Impact Wrap Service. If you rely on any Impact Wrap Content or the Impact Wrap Service, you do so solely at your own risk.

Consult Your Doctor Before Using The Impact Wrap Service

The Impact Wrap Service is not intended to diagnose, treat, cure, or prevent any condition. If you have a medical (including mental or behavioral health) condition, consult your doctor before using the Impact Wrap Service. If you experience a medical emergency, stop using the Impact Wrap Service, and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Impact Wrap Service. If you engage in any exercise program you receive or learn about through the Impact Wrap Service you agree that you do so at your own risk and are voluntarily participating in these activities.

Use Common Sense

Use of the Impact Wrap Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Impact Wrap product or service.

Additional Policies Apply To Product Orders

Impact Wrap’s Terms of Sale applies to purchases made through the Impact Wrap store. All orders placed are subject to Impact Wrap’s acceptance. We may accept, decline, or place limits on your order for any reason. All sales are final.

Terms Specifically Related to Our Subscription Services

Impact Wrap offers a number of subscription services to its account holders. Impact Wrap account holders may access the Impact Wrap subscription services by paid subscription, trial or promotion.

Payments

You agree to pay Impact Wrap the stated fees for the subscription services you order for the duration of time and the amount you selected on the sign-up page. You permit Impact Wrap to charge this fee to your credit card and automatically renew the charge for the duration of your subscription until you cancel. We use a third-party credit card payment processor to process all payments. All fees paid are nonrefundable.

Automatic Renewal and Cancellation

Subscription fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your subscription until you cancel. Yearly subscriptions will automatically renew once a year. Cancellation of your subscription can be done in the account settings area on www.impactwrap.com. If you choose to cancel, your cancellation will take effect at the end of the term in which you canceled. If your credit card is invalid for any reason, charged back, or if Impact Wrap does not receive payment, we will cancel your subscriber benefits immediately.

Agreements

You represent, warrant, and covenant that (a) the subscription and credit card information that you supply is true, correct, and complete, (b) you will pay any charges that you incur in connection with the subscription services, including any applicable taxes, (c) you will update your subscription and credit card information as required, (d) you will not allow anyone else to use your subscription, (e) you will not transfer your subscription or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your subscription.

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Impact Wrap, or obtained from sources other than you.

Contests And Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Impact Wrap and its partners. It is your responsibility to carefully review those terms and conditions.

You Agree to Receive Alerts And Notifications

As part of your use of the Impact Wrap Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

We Are Not Responsible For Third-Party Links On The Impact Wrap Service

The Impact Wrap Service contains links to third-party websites, apps, services, and resources (collectively “Third-Party Services”) that are not under Impact Wrap’s control. We provide these links only as a convenience and are not responsible for the content, products, or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

Impact Wrap Does Not Control Third-Party Services That You Link With Your Impact Wrap Account

The Impact Wrap Service may provide the opportunity for you to link your Impact Wrap account, Impact Wrap data, or the Impact Wrap Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the Impact Wrap Service are not part of the Impact Wrap Service. You acknowledge that these Terms and the Impact Wrap Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The Impact Wrap Service

Impact Wrap may change or discontinue, temporarily or permanently, any feature or component of the Impact Wrap Service at any time without notice. Impact Wrap is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Impact Wrap Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Impact Wrap products without prior notice to you.

Threats Or Intimidation to Impact Wrap Employees or Contractors

Impact Wrap may immediately terminate service and impose a lifetime ban on any customer or representatives of a customer that threatens, intimidates, coerces, or otherwise creates an environment where Impact Wrap employees or contractors feel in danger or threatened. 

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting us at support@impactwrap.com. Upon any termination, discontinuation, or cancellation of the Impact Wrap Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Impact Wrap Service; Impact Wrap’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Impact Wrap Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

The Impact Wrap service and Impact Wrap content are provided “As is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Impact Wrap Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Impact Wrap Content. You acknowledge and agree that if you rely on any Impact Wrap Content or the Impact Wrap Service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless Impact Wrap and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Impact Wrap Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

Neither impact wrap, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the impact wrap service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the impact wrap service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not impact wrap 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. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will impact wrap’s total liability arising out of or in connection with these terms or from the use of or inability to use the impact wrap service exceed the amounts you have paid to impact wrap for use of the impact wrap service or one hundred dollars ($100), if you have not had any payment obligations to impact wrap, as applicable. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between impact wrap and you.

Dispute Resolution

You agree that any dispute between you and Impact Wrap arising out of or relating to these Terms of Service, the Impact Wrap Service, or any other Impact Wrap products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Impact Wrap, you agree to try to resolve the Dispute informally by contacting support@impactwrap.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Impact Wrap may bring a formal proceeding.

We Both Agree To Arbitrate: You and Impact Wrap agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@impactwrap.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Pennsylvania, or any other location we agree to.

Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Impact Wrap products or Impact Wrap Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Impact Wrap on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Impact Wrap agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Pennsylvania. Both you and Impact Wrap consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Impact Wrap products or Impact Wrap Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Impact Wrap and you regarding the Impact Wrap Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Impact Wrap and you regarding the Impact Wrap Service and Impact Wrap Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Impact Wrap’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Impact Wrap may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Impact Wrap under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Impact Wrap Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Impact Wrap’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Impact Wrap. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Please contact us if you have any questions about these Terms

Impact Wrap, LLC
481 South Oxford Valley Road
Unit 43
Fairless Hills, PA 19030

support@impactwrap.com

TERMS OF SALE

These terms of sale (“Terms”) apply to all orders accepted by Impact Wrap, LLC (“Impact Wrap”) for the sale of its fitness products (“Products”), except in the case that you and Impact Wrap have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.

ORDERS

You can browse and place orders for our Products through, https://impactwrap.com (the “Impact Wrap Store”). We’ll ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. When you place an order, Impact Wrap’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. Impact Wrap does not view or store your credit card information. We store your shipping address so we can process your order through our fulfillment partner. If you are logged into your Impact Wrap account when you purchase something from the Impact Wrap Store, we associate that order with your Impact Wrap account. For more information on Impact Wrap’s data use practices please see the Impact Wrap Privacy Policy at [www.impactwrap.com/privacy].
By placing an order through the Impact Wrap Store, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes.

PRICING

Impact Wrap can withdraw Products from the Impact Wrap Store at any time and for any reason. Prices listed through the Impact Wrap Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Impact Wrap. You agree to indemnify and hold Impact Wrap harmless from and against any liabilities, interest, penalties, or fees assessed against Impact Wrap arising from your failure to pay any such taxes. All Product prices are subject to change at any time.

ACCEPTANCE AND FULFILLMENT

All orders are subject to acceptance by Impact Wrap. After you place an order, you will receive an email from Impact Wrap confirming that Impact Wrap has received it. Acceptance of your order will occur upon your receipt of another email from Impact Wrap containing a shipping confirmation, tracking number, and carrier information. If an order is on backorder, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number, and carrier information. Impact Wrap reserves the right not to accept your order for any reason or no reason. Impact Wrap reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.

RESALE

Purchases made through the Impact Wrap Store are intended for end users only, and are not authorized for resale.

SHIPPING AND DELIVERY

Impact Wrap will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Impact Wrap’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Impact Wrap will make reasonable efforts to meet the scheduled shipment dates, but in no event will Impact Wrap be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

RETURN POLICY

All sales are final.

LIMITED PRODUCT WARRANTY

Impact Wrap warrants to the original purchaser that your Product shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase. If your Product does have a defect, an expedited replacement will be sent at no charge with an accompanying pre-paid return shipping label. If defective Product is not returned within 15 days of receipt of replacement Product, Impact Wrap, at its discretion, may charge tyou for the replacement Product.

COMPATIBILITY

You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 45-day refund policy identified above.

LIMITATIONS ON LIABILITY

In no event will impact wrap be liable for any punitive, exemplary, special, consequential or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation or performance of the products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, whether or not impact wrap has been advised of the possibility of such loss or damage. Impact wrap and you have agreed that these limitations will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. In no event will impact wrap’s liability to you arising out of, relating to, or in connection with these terms, from all causes of action and under all theories of liability, exceed the actual amount paid to impact wrap by you for the product that gives rise to the claim. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SOFTWARE LICENSE

Impact Wrap grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Impact Wrap, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Impact Wrap reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.

DISPUTE RESOLUTION

You agree that any dispute between you and Impact Wrap arising out of or relating to these Terms, or any other Impact Wrap products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

GOVERNING LAW

The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws principles.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against Impact Wrap, you agree to try to resolve the Dispute informally by contacting support@impactwrap.com We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Impact Wrap may bring a formal proceeding.

WE BOTH AGREE TO ARBITRATE

You and Impact Wrap agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by contacting support@impactwrap.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

ARBITRATION PROCEDURES

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Pennsylvania, or any other location we agree to.

ARBITRATION FEES

The AAA rules will govern payment of all arbitration fees.

EXCEPTIONS TO AGREEMENT TO ARBITRATE

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Impact Wrap Products or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS ACTIONS

You may only resolve Disputes with Impact Wrap on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

JUDICIAL FORUM FOR DISPUTES

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Impact Wrap agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Pennsylvania. Both you and Impact Wrap consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Impact Wrap Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

GENERAL PROVISIONS

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

You may not assign or transfer these Terms, or any order accepted by Impact Wrap hereunder, in whole or in part, by operation of law or otherwise, without Impact Wrap’s express prior written consent. Any attempt to do so, without Impact Wrap’s consent, will be null and of no effect. Impact Wrap may freely assign these Terms.

Impact Wrap will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

The failure by Impact Wrap to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms constitute the complete and exclusive agreement between Impact Wrap and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.

You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.