Terms and Conditions
Last updated: December 9, 2020
Modern & Living may revise these Terms at any time. Your continued usage of Modern & Living services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on Modern & Living services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing Modern & Living services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH MODERN & LIVING ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use Modern & Living services in any manner. By visiting and/or using Modern & Living services or accepting the Terms, you represent and warrant to Modern & Living that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Modern & Living that you will use Modern & Living services in a manner consistent with any and all applicable laws and regulations.
- USE OF MODERN & LIVING SERVICES
2.1 Use Restrictions
The content on Modern & Living services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Modern & Living's licensors, and any other materials displayed through Modern & Living services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Modern & Living or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Modern & Living or its licensors.
Modern & Living authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2020, Modern & Living, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on Modern & Living services may be included elsewhere within Modern & Living services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Modern & Living and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, Modern & Living grants a non-exclusive limited, non-transferable license to use Modern & Living services. You may not distribute or make Modern & Living services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense Modern & Living services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Modern & Living services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by Modern & Living that replace and/or supplement the original Modern & Living services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Modern & Living’s written permission, “mirror” any Contents contained in the Modern & Living services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use Modern & Living services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of Modern & Living services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by Modern & Living services or Contents or otherwise attempt to gain unauthorized access to any portion of Modern & Living services or Contents or any other systems or networks connected to Modern & Living services, or to any server of Modern & Living or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Modern & Living user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Modern & Living reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, Modern & Living services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), Modern & Living does not claim ownership of any information or material a user provides to Modern & Living or posts, uploads, inputs, submits, or transmits to Modern & Living services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying Modern & Living services, or which, in the judgment of Modern & Living, exposes Modern & Living or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Modern & Living. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Modern & Living a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Modern & Living is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. Modern & Living is not responsible for the consequences of any Submission. Modern & Living is not responsible for screening or monitoring Submissions made to Modern & Living services by users. If notified by a user of a Submission allegedly in violation of these Terms, Modern & Living may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Modern & Living will have no liability or responsibility to users for performance or nonperformance of such activities.
Modern & Living reserves the right (but is not obligated) to: (a) record the dialogue on Modern & Living services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of Modern & Living services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on Modern & Living services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Modern & Living policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Ideas”). Please do not submit any Ideas in any form to Modern & Living. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Modern & Living's products, services or marketing strategies might seem similar to ideas submitted to Modern & Living.
Notwithstanding such policy, any Idea that is offered or communicated to us through Modern & Living services or otherwise shall be the property of Modern & Living, and may be treated by Modern & Living as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to Modern & Living will automatically become the property of Modern & Living, without any compensation to you; (b) Modern & Living may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) Modern & Living has no obligation to review any Idea; and (d) Modern & Living has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Modern & Living.
2.4 Your Account
If you use Modern & Living services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Modern & Living reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
- LIABILITY OF MODERN & LIVING AND ITS LICENSORS AND PARTNERS
The use of Modern & Living services, including the Contents, is at your own risk. The Contents in Modern & Living services could include technical inaccuracies or typographical errors. Modern & Living may make changes or improvements at any time.
THE CONTENTS AND MODERN & LIVING SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODERN & LIVING DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MODERN & LIVING DOES NOT WARRANT THAT MODERN & LIVING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MODERN & LIVING SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN & LIVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN MODERN & LIVING SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MODERN & LIVING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
Modern & Living services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Modern & Living does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Modern & Living is not responsible for the Third-Party Pages or any Third-Party Applications accessed through Modern & Living services. You agree that Modern & Living shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on Modern & Living services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on Modern & Living services does not indicate Modern & Living's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on Modern & Living services, or based on such third-party’s participation or presence on Modern & Living services, are solely between you and the third party. Modern & Living makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave Modern & Living services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold Modern & Living, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Modern & Living Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of Modern & Living services and/or Contents, or your violation of these Terms. Modern & Living reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defenses.
- MODIFICATION OR SUSPENSION OF MODERN & LIVING SERVICES
You agree that Modern & Living may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of Modern & Living services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
Modern & Living makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access Modern & Living services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Modern & Living and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
- CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Modern & Living and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@Modern & LivingUSA.com or
Modern & Living ,
Attn: Customer Service,
Modern & Living LLC
4790 Irvine Blvd., Suite 105-3
Irvine, CA 92620
In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Modern & Living or Modern & Living's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Modern & Living may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND MODERN & LIVING ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and Modern & Living must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Modern & Living will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Modern & Living will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
- NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from Modern & Living services infringes your copyright, you should notify Modern & Living of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Modern & Living receives and take appropriate action in accordance with applicable intellectual property laws.
Attention: Copyright Agent
Modern & Living LLC.
4790 Irvine Blvd., Suite 105-3
Irvine, CA 92620
In an effort to protect the rights of copyright owners, Modern & Living maintains a policy for the termination, in appropriate circumstances, of users of Modern & Living services who are repeat infringers.
- 11. SEVERABILITY
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Modern & Living to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- COMPLETE AGREEMENT