Terms and Conditions of Service
By establishing membership on the ModernLook Sites, or purchasing or using products or services through the ModernLook Sites, you acknowledge and agree as follows:
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
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.
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
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.
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
email@example.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.
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
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
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 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
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
“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: December 19, 2014