XPEL TERMS & CONDITIONS
These terms and conditions outline the rules and regulations for the use of XPEL, Inc.’s website. We refer to the website(s) accessible through the domain http://www.xpel.com/ and all related websites as “sites” and to each of them as a “site.”
XPEL, Inc. is located at:
618 W Sunset Rd.
San Antonio, TX 78216
These terms and conditions constitute an agreement. By accessing a site, continuing to use a site, or downloading materials from a site, you agree to abide by these terms and conditions in full. Do not continue to use any of the sites if you do not accept, and agree to abide by, all of the terms and conditions stated in this agreement.
When we refer to “XPEL”, the “Company”, “ourselves”, “we”, “our” and “us” (as context indicates), we mean XPEL, Inc., a Nevada corporation, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “Client”, “you” or “your,” we mean the person accessing the site and accepting the Company’s terms and conditions. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Copyrights and Other Intellectual Property
This site is © 2019 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing us at email@example.com, to the extent permitted by these terms and conditions.
ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN THE FORM OF A RECORD SIGNED BY US.
Trademarks of others are the property of their respective owners. We make no claim to the trademarks of others.
License; Use of Materials
Unless otherwise stated, XPEL and/or its licensors own the intellectual property rights for all material on any site. All intellectual property rights are reserved. Subject to these terms and conditions, we grant to you a non-exclusive, non-transferable, limited right to access the sites and the materials thereon. You may use the sites for informational purposes and in connection with the purchase of products or services from us. We authorize you to view, print and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services or in the exercise of any rights described in a site. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.
- You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;
- You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms and conditions; and
- You may not transfer the materials to any other person, sell, rent or sub-license material from a site or redistribute content from XPEL (unless content is specifically and expressly made for redistribution).
You agree not to interrupt or attempt to interrupt the operation of any site in any way.
- Certain parts of the sites offer the opportunity for users to post and exchange opinions, information, material and data (including text, graphic materials, audio, or any other materials, “Comments”). XPEL does not screen, edit, publish or review Comments prior to their appearance on a site, and Comments do not reflect the views or opinions of XPEL, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, XPEL shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on a site.
- XPEL reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these terms and conditions.
- Except as expressly requested in a site, you should not provide to us any information that you do not want published on a site or presented to other users of a site. To the extent that you provide to us any Comments by posting on a site or submitting to us in any other manner any Comments for posting on a site, you warrant and represent that:
- You are entitled to post the Comments on a site and either own all of the content of such Comments or have all necessary licenses and consents to post to a site;
- The Comments do not constitute or contain confidential information, or any information that, without due authorization, incorporates the proprietary material of another;
- The Comments do not, and will not, infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, threatening indecent or otherwise unlawful material or any material which is an invasion of privacy; and
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You will not upload the sole electronic copy of any material in your possession, or will do so at your own risk. You agree that we will not be responsible for the safekeeping of materials uploaded to our servers, or for any damage caused to electronic media uploaded to our servers.
- You hereby grant to XPEL a non-exclusive, irrevocable, fully-paid, royalty-free, worldwide, perpetual license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any user of a site or other person who copies, replicates, duplicates, or windows any such materials. We are free to use any ideas, concepts or know-how contained in Comments without any compensation or remuneration to you.
- Any user account can be revoked for misuse of a site, as determined by the Company in its sole discretion.
DMCA Copyright Notifications
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
Daniel Durkan – Brand Manager
618 W Sunset Rd.
San Antonio, TX 78216
Hyperlinking to our Content
- The following organizations may link to our sites without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our sites in the same manner as they hyperlink to the websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our sites.
- These organizations may link to our home page, to publications or to other portions of the sites so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; or
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of the hyperlink; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other portions of the sites so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 3 above and are interested in linking to our sites, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our a site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our sites as follows:
- By use of our corporate name;
- By use of the uniform resource locator (Web address) being linked; or
- By use of any other description of any site or material being linked that makes sense within the context and format of content on the linking party’s website.
No use of XPEL’s logo or other artwork will be allowed for linking absent a separate, written trademark license agreement.
Without prior approval and express written permission, you may not create frames around any site or use other techniques that alter in any way the visual presentation or appearance of any site.
Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to a site. You agree to immediately remove all links to a site upon such request. We also reserve the right to amend these terms and conditions and our web linking policy at any time. BY CONTINUING TO LINK TO ANY SITE, YOU AGREE TO BE BOUND TO AND ABIDE BY THESE LINKING TERMS AND CONDITIONS.
Removal of Links from our Sites
If you find any link on any site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
While we endeavor to ensure that the information on the sites is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the sites remain available or that the material on the sites is kept up to date.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law
Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, any site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, or any other thing of value.
We shall have no responsibility or liability for any content appearing on any website other than the sites. You agree to indemnify and defend us against all claims arising out of or based upon any website over which you have ownership or control. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer; Limitation of Liability
THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO OUR SITES AND THE USE OF THE SITES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW IN RESPECT OF INFRINGEMENT OR MISAPPROPRIATION, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).
Without affecting any other limitation of liability contained in these terms and conditions or otherwise:
(a) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF ANY SITE OR SERVICE RELATED THERETO OR PERSONS INTRODUCED TO YOU THROUGH ANY SITE OR SERVICE RELATED THERETO; and
(b) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS AND CONDITIONS, EXCEED THE PRICE PAID BY YOU TO US.
Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
- limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the site and the information and services on the site are provided free of charge, we will not be liable for any loss or damage of any nature.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Revisions to Terms and Conditions
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.
Changes to the Sites
We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts of a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the sites and that are in your possession or control.
Limitation of Actions.
You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action occur.
Responsibility for Username and Password
We may provide to you a username and a password to use in accessing one or more sites. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you. Except to the extent that your password or account are compromised by our gross negligence or willful misconduct, you are entirely and absolutely responsible for all activity performed using your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.
Warning regarding Other Users of Sites
WE DO NOT INVESTIGATE OR VET ANY USERS OF ANY SITE. YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH THIS SITE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE SITES AT YOUR OWN RISK. WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH THIS SITE OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF A SITE OR OTHERWISE.
Dispute Resolution; Choice of Law; Jurisdiction and Venue
The laws of the State of Texas and the federal laws of the United States (without regard for choice of law rules) govern these terms and conditions, the privacy policies, and performance under them.
ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF, OR ASSOCIATION WITH, A SITE WILL BE SETTLED SOLELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION. THE PLACE OF ARBITRATION WILL BE THE STATE OF TEXAS. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH. ANY AWARD BY THE ARBITRATION PANEL MAY BE ENTERED IN, AND ENFORCED BY, ANY COURT OF COMPETENT JURISDICTION.
Solely in the case where, and only to the extent that, arbitration is not allowed by law or in the case where either party requires equitable remedies not available through arbitration, any suit or other action arising out of, or in any way connected with, your use of any site may be brought only in the appropriate federal or state courts in the State of Texas. You irrevocably consent to the jurisdiction and venue of such courts.