Terms of Use

These Terms of Use and Service ("Terms") govern your access to and use of the website at https://whipnash.com/ (the “Site”) and all related services, tools, and content offered by WhipNash (“WhipNash / "We" / "the Company"”).

These Terms may be updated at any time. Continued use of the Site after any change constitutes acceptance of the updated Terms. The most current version will always be available on this page.

1.  Agreement & Acceptance

By accessing, using, or submitting information through the Site, you agree to be bound by these Terms, together with our Privacy Policy (incorporated herein by reference), and any other policies or guidelines we post. If you do not agree to these Terms in their entirety, you are not authorized to use the Site in any manner.

For the purpose of these Terms, “we,” “us,” and “our” refer to WhipNash, and “you” and “your” refer to you as a user of the Site.

2.  Eligibility & Age Requirements

By using the Site, you represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction, whichever is greater), have the legal capacity to enter into a binding agreement, and have read and understood these Terms.

The Site is not intended for use by individuals under the age of 13. We do not knowingly collect information from anyone under 13.

3.  Website Use & License

Subject to your continued compliance with these Terms, WhipNash grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site solely for your own lawful purposes.

You acknowledge that you do not acquire any ownership rights in any content, software, or material on the Site. This license does not include the right to:

• Copy, reproduce, distribute, republish, or transmit any Site content without prior written consent
• Modify, create derivative works from, or reverse engineer any portion of the Site
• Use any data mining, scraping, robots, or similar automated data collection tools
• Frame or mirror the Site on any other website or platform
• Commercially exploit any content or materials without express written permission

4.  User Conduct & Restrictions

You agree not to use the Site in any manner that is unlawful, harmful, or that could damage, disable, or impair the Site or interfere with others’ use of the Site. Prohibited conduct includes, but is not limited to:

A. Harmful Acts

Any dishonest, unethical, or unlawful business practice; actions that harm our reputation; unauthorized access (hacking, password mining); or violations of the rights of any person or entity.

B. Spam & Unsolicited Communications

Sending or authorizing any communications that are unsolicited, deceptive, or constitute “spam.” All electronic communications must comply with applicable anti-spam laws (including the federal CAN-SPAM Act). Best practices include:

• Using only permission-based marketing lists
• Including a working unsubscribe mechanism in all marketing messages
• Honoring opt-out requests within 10 days (or the legal deadline, whichever is sooner)
• Not sending to purchased, rented, or scraped address lists
• Including your valid physical mailing address in each communication

C. Offensive or Harmful Content

Transmitting or posting content that is sexually explicit, obscene, defamatory, harassing, discriminatory, threatening, or that solicits unlawful behavior.

D. Sensitive Information

You will not upload or transmit to the Site any social security numbers, credit card data, passwords, bank account numbers, or other sensitive personal, health, or financial information unless expressly permitted.

E. Illegal Activity

Promoting or engaging in any illegal activity, or infringing or promoting the infringement of any intellectual property rights of any party.

5.  SMS / Text Message Communications

By providing your mobile phone number to WhipNash, you expressly consent to receive text messages (SMS/MMS) from us, which may include informational, transactional, and marketing communications related to our services. Messages may be sent directly by us or through authorized third-party service providers.

SMS Age Requirement:  SMS communications are intended for individuals 18 years of age or older. We do not knowingly send text messages to individuals under 18.

6.  Account Registration & Security

To access certain features of the Site, you may be required to create an account. You agree to:

• Provide truthful, accurate, and complete registration information
• Maintain the confidentiality of your username and password
• Not transfer, share, or allow any third party to access your account
• Notify us immediately of any unauthorized account access or security breach

You are solely responsible for all activity that occurs under your account. WhipNash shall not be liable for any loss or damage arising from your failure to protect your account credentials.

7.  Orders, Payments & Subscriptions

Order Acceptance

All orders are subject to acceptance and availability. WhipNash reserves the right to refuse, limit, or cancel any order at its sole discretion. Order confirmations do not constitute final acceptance. All prices are in U.S. Dollars unless otherwise stated.

Booking and Purchases

If you complete a booking or purchase, you authorize us to charge your payment method accordingly.

• Cancellation requests must be submitted at least 48 hours before your booking or purchase date
• Cancellations can be submitted via your account dashboard or by emailing support@whipnash.com
• No refunds or proration for partial booking or purchase periods unless required by applicable law
• We reserve the right to modify pricing with prior written notice

Payment

Accepted payment methods: credit card, debit card and bank transfer. You represent that you are authorized to use any payment method provided. Failure to pay may result in suspension or termination of access.

8.  Intellectual Property

All content on the Site — including but not limited to text, graphics, images, logos, video and audio clips, design elements, code, and trademarks — is the property of WhipNash or its licensors and is protected by U.S. copyright law, international treaties, and other intellectual property laws.

The name “WhipNash”, the Site’s logo, and any related marks are trademarks of WhipNash. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or other proprietary marks without our prior written consent.

You acknowledge that we will enforce our intellectual property rights to the fullest extent permitted by law.

9.  User Submissions & Content

Any information, feedback, ideas, or content you submit to WhipNash through the Site (“Submissions”) is deemed non-confidential and non-proprietary unless otherwise agreed in writing.

By submitting content, you grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to use, publish, display, reproduce, modify, and distribute such Submissions for any purpose, without compensation to you.

You represent that your Submissions do not infringe any third-party rights and comply with all applicable laws.

10.  Disclaimer of Warranties

11.  Limitation of Liability

12.  Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless WhipNash and its officers, directors, employees, affiliates, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Site or Services
• Any content or information you submit or transmit through the Site
• Your breach of these Terms or the representations and warranties herein
• Your violation of any applicable law or the rights of any third party

13.  Copyright Infringement / DMCA

WhipNash respects intellectual property rights. If you believe content on the Site infringes your copyright, please send a written notice to our designated agent including the following:

• An electronic or physical signature of the authorized copyright owner or agent
• A description of the copyrighted work and the allegedly infringing material, including its location on the Site (e.g., URL)
• Your contact information (address, phone number, email)
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf

Send DMCA notices to:  support@whipnash.com

Note: False claims may result in liability. This contact is for copyright matters only.

14.  Third-Party Links & Content

The Site may contain links to third-party websites or display third-party content. WhipNash does not endorse and is not responsible for the accuracy, content, privacy practices, or availability of any third-party sites. Accessing third-party sites is at your own risk, and you should review their terms and privacy policies.

15.  Privacy

Your use of the Site is also governed by our Privacy Policy, available at https://whipnash.com/privacy-policy/, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

16.  Termination

We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or any applicable law.

Upon termination, all licenses granted to you will immediately cease. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive.

You remain responsible for any outstanding obligations, including payment obligations, accrued prior to termination.

17.  Dispute Resolution

Informal Resolution

Before initiating any formal dispute, you agree to contact us at support@whipnash.com to attempt to resolve the matter informally. We will make reasonable efforts to resolve disputes within 90 days of receiving notice.

Arbitration

Any dispute not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall be conducted in Nashville, Tennessee. The arbitrator’s award shall be final and binding.

Class Action Waiver

Any dispute not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall be conducted in Nashville, Tennessee. The arbitrator’s award shall be final and binding.

18.  Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law principles.

To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Nashville, Tennessee, and waive any objection to such jurisdiction or venue.

19.  Miscellaneous

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on the Site with a revised effective date. Your continued use of the Site after any such change constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

Force Majeure

We will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of nature, government actions, labor disputes, or telecommunications failures.

Assignment

WhipNash may assign its rights and obligations under these Terms without notice or consent. You may not assign your rights under these Terms without our prior written consent.

Electronic Communications

By using the Site, you consent to receive electronic communications from us. You agree that all notices, disclosures, and agreements provided electronically satisfy any requirement that they be in writing.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and us regarding use of the Site and supersede all prior agreements.

20.  Contact Us

For questions, concerns, or notices regarding these Terms, please contact us: