The Wrap Institute Terms of Service ("Agreement")
This Agreement was last modified on April 01, 2017.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using thewrapinstitute.com ("the Site") operated by The Wrap Institute ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at thewrapinstitute.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
1. The Site
The Site is intended to serve as an online learning platform through which registered users ("Users") may subscribe on an annual or pay-per-video basis to access instructional videos and related materials presented by Site instructors ("Instructors"). Subscribing Users will also interact with Instructors and Site employees through the Site. The Site will also serve as an online social network through which Users may communicate and interact with other Users, share their own projects based on video instruction and view projects of other Users.
2. Access to the Site
A. The Wrap Institute hereby grants you to use of the Site as set forth in these Terms of Service, provided that: (i) you have paid fees, if required, to view videos, (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Site is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Site in any medium without The Wrap Institutes prior written authorization; (v) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (vi) you will not reverse engineer, disassemble the Site; (vii) you are at least 18 years of age; and (viii) you will otherwise comply with Terms of Service.
B. In order to access the Site, you will have to create an account. You may never use another's account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Wrap Institute immediately of any breach of security or unauthorized use of your account. Although The Wrap Institute will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Wrap Institute or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Site in a manner that sends more request messages to The Wrap Institute servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, The Wrap Institute grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Wrap Institute reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
A. The Site allows Users who comply with the Terms of Service to purchase videos, either individually or by subscription, and certain goods. To purchase a subscription, individual videos or other goods, you will need to follow the purchasing procedures set forth on our purchasing page. Details of our prices and procedures for payment and electronic delivery are displayed on the Site. Prices are subject to change without notice.
B. Any times or dates stated by The Wrap Institute for delivery of electronic and material goods are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from The Wrap Institute by credit card (Visa or MasterCard, we do not accept American Express) or through PayPal.
D. We are entitled to refuse any order placed by you for any reason. If The Wrap Institute accepts your order, we will confirm acceptance to you by online electronic means to the email address you have provided.
E. You undertake that all details you provide to us for the purpose of purchasing goods from The Wrap Institute will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. There are no refunds for individual pay-per-video purchases. We strive to describe the video contents accurately, but are not responsible for misinterpreted titles or descriptions on the part of the User.
G. After purchasing a six-month, one-year or two-year subscription, should you decide you would like to cancel your subscription, please visit www.twi.supportsystem.com and submit a ticket with your request. Refunds are given based on our discretion, and we reserve the right to refuse your request. In all cases, a 5% deduction from the total cost for credit card processing fees and videos watched will be considered when a refund is requested.
H. If you are not satisfied with an electronically downloaded item or other goods from The Wrap Institute Shopping Cart (wrap.institute), please follow the instructions on wrap.institute to set up the return and refund process.
4. Intellectual Property Rights
A. "Content" means all content on the Site, except for all User submitted content and/or projects, including without limitation: the text, software, scripts, graphics, photos, sounds, videos, interactive functions, features and the like and the trademarks, service marks and logos contained therein.
B. Content is provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Wrap Institute reserves all rights not expressly granted in and to the Site and Content. You agree not to engage in the use, copying, or distribution of any of the Content or submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of submissions by Users of third parties obtained through the Site for any commercial purposes. In no event shall any Content or submissions by Users be used for any website, application or publication of any sort which is competitive with the Site. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means instructional courses and materials in any field or if it is otherwise competitive with any business activities of The Wrap Institute and/or the Site. If you download or print a copy of the Content or submissions by Users for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or submissions by Users or enforce limitations on use of the Site or the Content and submissions by Users therein.
C. The Site and its original content, features and functionality are owned by The Wrap Institute and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. If you choose to violate these rights, The Wrap Institute reserves the right to ban you from the Site indefinitely and take legal action if necessary.
5. Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Texas, United States, without giving effect to any principles of conflicts of law.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, The Wrap Institute and its successors, assigns, affiliates, officers, directors, employees, agents, instructors and teaching assistants do not make any warranties, express or implied, to you in connection with the Site and your use thereof. Neither The Wrap Institute nor any of its successors, assigns, affiliates, officers, directors, employees, agents, instructors and teaching assistants makes any warranties or representations to you about the accuracy or completeness of the content of the Site or User submissions or the Content of any sites linked to the Site and such parties assume no liability or responsibility to you for any (i) errors, mistakes or inaccuracies of content or submissions by Users (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our portal, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our portal by any third party, and/or (vi) any errors or omissions in any content or submissions by Users posted, emailed, transmitted, or otherwise made available via the Site. The Wrap Institute does not warrant, endorse, guarantee, or assume responsibility for any product or serve advertised or offered by a third party through the Site or any hyperlinked websites or featured in any banner or other advertising, and The Wrap Institute will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
In no event shall The Wrap Institute or its successors, assigns, affiliates, officers, directors, employees, agents, instructors or teaching assistants be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use or access to the portal. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that The Wrap Institute and its successors, assigns, affiliates, officers, directors, employees, agents, instructors and/or teaching assistants shall not be liable to you for submissions by instructors or Users, Content, or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by The Wrap Institute from its facilities in the United States of America. Those who access or use the Site from other jurisdictions do so at their won volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless The Wrap Institute and its successors, assigns, affiliates, officers, directors, employees, agents, instructors and teaching assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that one of your User submissions caused damage to a third party.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service.
11. Amazon Associates
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
12. Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. Your use of the Site following any amendment of the Terms of Service will signify your assent to and acceptance of the revised terms of any component thereof.
If you have any questions about this Agreement, please contact us.