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Terms and Conditions of Service

These Terms and Conditions of Service (“Terms of Service”) govern your membership on ModernLook.com, and their associated mobile sites (the “ModernLook.com” or the “Sites”) and your purchases and use of products and services available through the ModernLook Sites. The ModernLook Sites are operated by ModernLook, LLC and/or its subsidiaries and affiliates (collectively, “ModernLook”). Your use of the ModernLook Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference.

By establishing membership on the ModernLook Sites, or purchasing or using products or services through the ModernLook Sites, you acknowledge and agree as follows:

1. GENERAL

These Terms of Service have been confirmed and delivered by you and constitute a valid and binding agreement between you and ModernLook, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the ModernLook Sites, and purchase and use the products and services available through the ModernLook Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails, and other communications between you and ModernLook may be recorded.

2. PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by ModernLook is located at www.modernlook.com/privacy. You consent to any personal information we may obtain about you (either via the ModernLook Sites, by email, telephone, or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice. ModernLook may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.

3. MODERNLOOK MEMBERSHIP

Establishing a Membership
You may establish membership on the ModernLook Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in ModernLook’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

Use of Membership

You shall not use ModernLook membership for any purpose competitive to ModernLook or its affiliates. You will notify ModernLook immediately by emailing support@ModernLook.com of any unauthorized use of your ModernLook membership or the ModernLook Sites known to you, whether by you or a third party. You shall not (i) select or use as a ModernLook User ID a name of another person with the intent to impersonate that person; (ii) use as a ModernLook User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a ModernLook User ID a name that is otherwise offensive, vulgar, or obscene. ModernLook reserves the right to refuse registration of, or cancel a ModernLook User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ModernLook password. You shall never use another user’s account without such other user’s express permission. You will immediately notify ModernLook in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Membership Termination
You may cancel your ModernLook membership at any time by emailing a request to cancel your membership to support@ModernLook.com. ModernLook may terminate your membership and refuse any and all current or future use of the ModernLook Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that ModernLook determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if ModernLook determines, in its sole discretion, that you are using your ModernLook membership in a manner not permitted by these Terms of Service or the Terms of Use www.modernlook.com/websiteterms, or (4) in other circumstances, as ModernLook deems appropriate in its sole discretion.

4. FEES AND PAYMENT

You will be charged immediately upon placing an order, in order to secure the special ModernLook price on your items. ModernLook will do its best to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond ModernLook's control. ModernLook shall not be liable for any such delay. ModernLook reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you shall pay all applicable fees, as described on the Sites in connection with such features. ModernLook reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices

5. PURCHASES

All items purchased from ModernLook are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. ModernLook attempts to be as accurate as possible with all product descriptions. However, ModernLook does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors. If a product offered by ModernLook is delivered to you in a defective condition, please send an email to support@ModernLook.com within 48 hours of receiving the shipment. We will either replace the defective product or issue a full refund. We display discounts on our Site in connection with each item. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice). Because the pricing information we base our discounts upon may vary, discount information that we display may or may not be representative of the exact discount offered in every area, on a particular product, on any particular day.

6. RETURNS

Items marked “Final Sale” cannot be returned. We sell these products as “Final Sale” to maintain such significant discounts. If you are concerned that you may wish to return an item, please check whether it is “Final Sale” prior to making your purchase.

If your order arrives damaged, please us send a photo of the damage by email to

support@modernlook.com within 48 hours of receiving the shipment. If you do not report the damage to us within this 48 hour period, we may not be able to honor your claim. Please note that there may be additional circumstances under which we will not be able to honor your return.

Acceptance of a return is within our sole discretion.

7. PRODUCT AND SERVICE DESCRIPTIONS

ModernLook attempts to provide accurate descriptions of products and services on the ModernLook Sites. Certain products and services available on the ModernLook Sites may be designated “ModernLook Verified.”ModernLook does not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free.

8. SERVICE PROVIDER RULES AND RESTRICTIONS

Service providers may impose additional rules and restrictions on products and services available through the ModernLook Sites. Please read these additional terms and conditions carefully. By purchasing products and services through ModernLook you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by ModernLook for any costs we incur as a result of such violation.

9. NOTICES

Notices hereunder shall be given in writing by fax, personal delivery, certified or registered or overnight or other courier or delivery service, addressed, in the case of Supplier, to its address indicated on the first page of this Agreement and, in the case of ModernLook, to 4100 NE 2 nd Avenue, Suite 320, Miami, FL 33120, Attn: Legal Counsel. All such notices shall be deemed to have been given and received (a) upon receipt if personally delivered or sent by certified or registered mail and (b) when delivery is confirmed if sent by fax or overnight or other courier or delivery service.

10. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and ModernLook regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

11. SEVERABILITY

If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

12. MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that ModernLook may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of ModernLook membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at http://www.modernlook.com/website-terms. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL ModernLook, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE

AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. DISPUTE RESOLUTION

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and

ModernLook agree that any cause of action arising out of or related to the Service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using

the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list

of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

15. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your ModernLook membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

16. COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, the Terms of Use and all Content provided by ModernLook are copyright © 2017 ModernLook, LLC. All rights reserved.

“ModernLook” is a trademark of ModernLook. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

Effective Date: May 1st, 2017

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