Important Terms of Use

These Terms and Conditions (“Terms”) set forth the terms and conditions under which One-of-a-Kind Wraps (“One-of-a-Kind”) will engage in services (the “Services”) to provide its products (the “Products”) to you (“you”). Before you place an order with One-of-a-Kind, you should read these Terms carefully, and be sure that you understand them.

By placing an order with One-of-a-Kind, you acknowledge and agree that you have read and understand these Terms, that you are bound by these Terms, and that these Terms constitute a binding agreement between you and One-of-a-Kind. If you do not agree to these Terms, then you may not place an order with One-of-a-Kind.

In addition, please note that any violation of these Terms may result in cancellation of your order and/or One-of-a-Kind’s refusal to provide Services and Products to you in the future.

One-of-a-Kind reserves the right to change these Terms from time to time. Please refer to www.oneofakindwraps.com periodically for any changes.

1. Your Submissions.

(a) The photographs, pictures and other materials you submit to One-of-a-Kind will be returned to you. We may return these materials to you with your order, or separately after we no longer need them for purposes of providing the Services.

(b) One-of-a-Kind reserves the right to not provide the Services or Products for any reason. Without limiting the generality of the foregoing, One-of-a-Kind will not provide its Services if the photographs, pictures or other submitted materials you submit contain any of the following:

• Any threatening, obscene, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under applicable law;

• Any material that could infringe the privacy rights, rights of publicity, moral rights, copyrights, or other intellectual property or proprietary rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material; or

• Any material sent from an anonymous or false address.

(c) If One-of-a-Kind determines that it will not provide the Services, any materials you have submitted to us will be returned to you (except as noted in (d) below), along with any deposit (less a processing fee of $10 per item ordered).

(d) While One-of-a-Kind may not review all submitted materials, and is not responsible for their content, One-of-a-Kind reserves the right to delete or destroy, or otherwise take steps deemed appropriate by us, with respect to any materials that One-of-a-Kind, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright, trademark, or any other laws, or otherwise unacceptable.

(e) You hereby represent and warrant that you own, or otherwise have the right to use, any and all of the materials (and all intellectual property rights therein) you submit to us. You further represent and warrant that by submitting materials to One-of-a-Kind, One-of-a-Kind is authorized to use such materials in providing Services and the Products to you.

(f) One-of-a-Kind will not be liable for the content of any of the materials you submit.

2. Copyright Notice.

One-of-a-Kind is committed to protecting copyrights in the materials submitted to us. If you believe that your work has been copied in a way that infringes your copyright, please contact us at the following address and provide all relevant details.

Customer Service
ATTN: Copyright Protection
One-of-a-Kind Wraps, LLC
131 DW Hgwy,#449
Nashua, NH 03060

Fax: (603) 880-9547

Email: info@oneofakindwraps.com

3. Age Requirements.

You must be at least 18 years of age to order Products from us. If you or your parent or guardian have any concerns, please feel free to contact us at info@oneofakindwraps.com.

4. Use of the Products.

You may use our Products for your own personal, non-commercial use only. You may not sell, advertise or otherwise make commercially available any of the Products.

5. Canceling Your Order.

If you cancel your order after placing it with One-of-a-Kind, you will be subject to a cancellation fee to pay for processing, shipping and handling, and the Services that have been provided. Upon receiving a cancellation request, we will promptly end providing the Services to you. The minimum cancellation fee shall be $10 per item ordered.

6. Third-Party Software.

(a) One-of-a-Kind may make software from third-parties available to you. To download such third party software, you must first agree to the respective software licenses and/or other terms of use, as required by the third party providing the software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the third company provider of the software.

(b) One-of-a-Kind does not provide any warranty of any kind regarding any such third party software. One-of-a-Kind cannot and does not guarantee that any third party software you download will be free of any defects, any contaminating or destructive code (such as viruses, worms or Trojan horses), or that such software will operate as intended.

7. Third-Party Links.

One-of-a-Kind may provide links to third-party sites that might be of interest to you. One-of-a-Kind has no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of use.

8. Privacy Policy.

When you place an order or create an account with One-of-a-Kind, you need to provide some personal information, such as your name, e-mail address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

9. U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

10. Indemnification.

You agree to indemnify, defend and hold harmless One-of-a-Kind, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you, or which may otherwise arise or is related to your order.

11. Arbitration.

(a) If any dispute arises between One-of-a-Kind and you pertaining to these Terms (excepting only any cause of action giving rise to a claim for equitable relief) which we and you are unable to resolve amicably, such dispute, breach or default shall be submitted to arbitration before a single arbitrator selected in accordance with the then-prevailing Rules of Commercial Arbitration of the American Arbitration Association. The arbitration proceeding shall take place in Manchester, New Hampshire or such other location as One-of-a-Kind and you may mutually agree.

(b) The arbitrator shall not contravene or vary in any respect any of the terms or provisions of these Terms. The award of the arbitrator shall be final and binding upon us and you, and judgment upon any award rendered therein may be entered and enforced in any court of competent jurisdiction, including the New Hampshire Superior Court.

12. Export.

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any of the Products, or software or materials provided to you through the Service or through the website.

13. Disclaimer of Warranties.

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONE-OF-A-KIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONE-OF-A-KIND MAKES NO WARRANTY THAT ITS SITE, THE SERVICES, OR THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ONE-OF-A-KIND MAKES NO WARRANTY OF ANY KIND REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH ONE-OF-A-KIND’S WEBSITE, ADVERTISED ON ONE-OF-A-KIND’S WEBSITE, OR OTHERWISE SUPPLIED BY A THIRD PARTY.

14. Limitation of Liability.

ONE-OF-A-KIND’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT, PROVEN DAMAGES IN AN AMOUNT NOT TO EXCEED THE DOLLAR AMOUNT OF THE ORDER FROM WHICH SUCH LIABILITY ARISES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ONE-OF-A-KIND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT

NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ONE-OF-A-KIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Miscellaneous.

(a) One-of-a-Kind may assign its rights and responsibilities hereunder without notice to you.

(b) The risk of loss or damage to or destruction of the Products and any materials One-of-a-Kind returns to you shall be borne by you at all times after One-of-a-Kind delivers such Products to a carrier for shipment.

(c) Each term, condition, and provision of these Terms shall be valid and enforced to the fullest extent permitted by law. If any term, condition, or provision of these Terms, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, then such term, condition, or provision shall be curtailed and limited to the extent necessary to bring it within the legal requirements and the remainder of these Terms, and the application of such term, condition, or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby.

(d) These Terms constitute the entire agreement between you and One-of-a-Kind with respect to the Services and the Products, and supersede all other communications, written or oral, with regard thereto.