Terms and Conditions

OVERVIEW

This website is managed by Modayn. Throughout the site, the terms "we," "us," and "our" refer to Modayn. Modayn provides this website, along with all the information, tools, and services available from it, to you, the user, contingent upon your acceptance of all the terms, conditions, policies, and notices outlined here.

By visiting our site and/or making a purchase, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein or accessible via hyperlink. These Terms of Service apply to all users of the site, without limitation, including browsers, vendors, customers, merchants, and/or content contributors.

Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be governed by the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for any changes. Continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Shopify Inc. hosts our store and provides us with the online e-commerce platform that enables us to sell our goods and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence and that you have provided us with your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purposes, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCEPTABLE USE

You must not use our website in any manner that causes, or may cause, damage to the website or impairs its availability or accessibility. Additionally, you must not use the website for any unlawful, illegal, fraudulent, or harmful purpose or activity.

You are prohibited from using our website to copy, store, host, transmit, send, use, publish, or distribute any material that contains (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software.

You must not engage in any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction, and data harvesting) in relation to our website without the express written consent of Modayn.com.

You are not allowed to use our website to transmit or send unsolicited commercial communications.

The use of our website for any marketing purposes is prohibited without the express written consent of Modayn.

SECTION 4 - ORDERS AND DELIVERIES

We insure each purchase during transit until it is delivered to the delivery address you specified. Modayn retains ownership of the goods until they are delivered according to these terms and conditions. We require a signature upon delivery of any goods, at which point responsibility and ownership of the purchased goods transfer to you. If you have designated a recipient other than yourself for delivery purposes (e.g., as a gift), you agree that a signature by them (or at the delivery address) serves as proof of delivery and fulfillment by Modayn, with the transfer of responsibility and ownership occurring in the same manner. The goods become your responsibility from the time we deliver them to the address you provided.

SECTION 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is inaccurate, incomplete, or outdated. The material on this site is meant for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance you place on the material on this site is at your own risk.

This site may include certain historical information, which is provided for reference purposes only and may not be current. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor any changes to our site.

SECTION 6 - USER CONTENT

In these terms and conditions, “your user content” refers to any material (including, but not limited to, text, images, audio material, video material, and audio-visual material) that you submit to our website for any purpose.

You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights and the right to take legal action for the infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of leading to legal action against you, us, or any third party (under any applicable law).

You must not submit any user content to the website that has been or is currently the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published on our website.

Despite our rights concerning user content as stated in these terms and conditions, we do not undertake to monitor the submission or publication of such content on our website.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.

We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 8 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may be offered in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the color display on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We also reserve the right, in our sole judgment, to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.

For more details, please review our Returns Policy.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have neither control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not provide any warranties regarding their content. We assume no liability or responsibility for any third-party materials, websites, or any other materials, products, or services offered by third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party's policies and practices carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, 'comments') without a request from us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain libelous, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 13 - PERSONAL INFORMATION

The submission of your personal information through the store is governed by our Privacy Policy. Click here view our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for any of the following purposes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from using the service will be accurate or reliable.

You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notice to you.

You expressly agree that your use of the service, or inability to use it, is at your sole risk. The service, along with all products and services delivered to you through the service, is provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

In no case shall Modayn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Modayn and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms of Service, and this determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties that were incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or concerning The Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 21 - ARBITRATION

Any legal controversy or claim arising out of or relating to this Agreement and/or our Website and Products, excluding legal actions taken by us to recover damages or obtain an injunction related to website operations, intellectual property, or our Products, will be resolved exclusively through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such controversy or claim will be arbitrated on an individual basis and will not be combined with any arbitration involving any other party. The arbitration will take place in Las Vegas, Nevada, and the arbitration award may be entered into any court with jurisdiction. Either party may seek interim or preliminary relief from a court of competent jurisdiction in Las Vegas, Nevada, to protect their rights or property pending the completion of arbitration. Each party will be responsible for bearing half of the arbitration fees and costs.

SECTION 22 - CHOICE OF LAW AND JURISDICTION

This Agreement shall be deemed to have been executed and performed in Las Vegas, Nevada, and will be governed by and construed in accordance with the laws of the state of Nevada, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of such courts. Any cause of action you may have concerning our Website or Products must be initiated within one (1) year after the cause of action arises, or it will be permanently waived and barred.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to us at info@modayn.com.