We reserve the right to update or modify these Terms at any time without prior notice and in our sole discretion. We will provide notice by, at a minimum, updating this posting. However, if we make material changes to these Terms, we will post a notice on the Site that these Terms have been or will be changed. Any changes to these Terms and Conditions will be in effect immediately upon posting and as of the "Last Updated" date referenced in these Terms. Your use of the Site following the posting of any changes constitutes your acceptance of those changes. For this reason, you are expected to review these Terms whenever you use the Site as they are binding on you.
Changes to the Site
In an effort to continually improve the Site and its usefulness to you, we may add additional products or services, or make changes to existing products or services. In the event that we make such changes, these Terms shall apply to the new projects and services, and to any changes to existing products and services. We reserve the right to modify or discontinue all or any part of the Site with or without notice to you, and we will not be liable to you or any third party should we exercise this right.
Interruption of Service
We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances including those outside of our control or through acts of God. We will not be liable if for any reason all or part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
ELIGIBILITY
The Site is offered and available to users who are 18 years of age or older.
YOU MAY NOT REGISTER WITH THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MODERN HABITAT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE, REGISTER FOR MEMBERSHIP WITH THE SITE, OR PLACE AN ORDER FOR OR OBTAIN PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
BY USING THE SITE, REGISTERING FOR MEMBERSHIP WITH THE SITE, OR PLACING AN ORDER FOR OR OBTAINING PRODUCTS OR SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS.
You are responsible for both:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
INFORMATION
Account Information
To use certain parts of the Site, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Modern Habitat or any other user of or visitor to the Site due to the use of your user ID, password, or account by another person.
You may not use anyone else's user ID, password, or account at any time without the express permission and consent of the holder of that user ID, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
User Contributions
The Site may contain blogs, forums, community areas, group discussions, personal profiles, and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users or other persons (hereinafter, 'post') content, including your experiences, advice, recommendations, opinions, ratings, reviews, questions, answers, information, messages, or other material (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the User Content Standards set forth in these Terms. We do not guarantee that you will have any recourse through Modern Habitat to edit or delete any User Contributions you have submitted.
Any User Contribution you post to or from the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution in any medium for any purpose, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your User Contributions to you.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Modern Habitat, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site, or for the quality, safety, or legality of the User Contributions posted on the Site. We make no representations about any User Contributions on the Site.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Modern Habitat.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MODERN HABITAT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
User Comments
We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Modern Habitat. Your submission of any such Comments shall constitute an assignment to Modern Habitat of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Modern Habitat will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Content From Third Party Sites
You may post images, text, videos, or other content on third-party websites or apps about our products and/or services (collectively, "Third Party User Content") that we think may benefit others by seeing it on our Site. We will obtain your permission before we publish your Third Party User Content on our Site, but we want to make sure you know exactly how we intend to use it.
You can provide your permission for Modern Habitat to use your Third Party User Content by replying to our Facebook, Instagram, Twitter, or other social media post (requesting your permission to publish in our Site) with #agree. By providing your permission, you represent and warrant that you own the Third Party User Content or have the right to publish, distribute, and grant us the rights to such Third Party User Content that are set forth in these Terms. You grant Modern Habitat a non-exclusive and non-revocable commercial right to reproduce the Third Party User Content in any form (including, but not limited to, video, Internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your Third Party user Content may be used by Modern Habitat either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While we will make commercially reasonable efforts to give you credit for your Third Party user Content and provide a link back to your Facebook, Instagram, Twitter, or other social media account when applicable, you agree that such credit is not mandatory and your permission for us to use your Third Party User Content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the Third Party User Content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties or any other form of compensation with regards to your Third Party User Content or our finished work.
Correction of Errors and Inaccuracies
We have used commercially reasonable efforts to display as accurately as possible the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any product color will be accurate. Also, we make commercially reasonable efforts to keep the information on the Site up-to-date, but the information on the Site may contain typographical errors or inaccuracies and, in some cases, may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability.
In the event a product is listed on the Site at an incorrect price or with incorrect information due to typographical error, we have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge. We apologize in advance for any inconvenience this may cause you.
Except as set forth in the preceding paragraph, (a) we do not warrant the accuracy, completeness or usefulness of the information on the Site, (b) any reliance you place on such information is strictly at your own risk, and (c) we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Third Party Content
The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by Modern Habitat, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Modern Habitat. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree:
not to use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
that you will not use the Site to transmit or send unsolicited commercial communications;
not to access (or attempt to access) the Site by any means other than through the interface that is provided by us;
that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);
not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);
not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);
not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);
that you will not impersonate or attempt to impersonate Modern Habitat, an employee of Modern Habitat, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and
that you are solely responsible for (and that Modern Habitat has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.
We may terminate or suspend your access to or use of all or part of the Site, without notice, for any conduct that we believe is disruptive to the Site or is in violation of any applicable law or these Terms.
ORDERS FOR PRODUCTS AND SERVICES
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms and Conditions, all products and/or services listed in your shopping card. All orders must be accepted by us or we will not be obligated to sell the products and/or services to you. After having received your order, we will send you an electronic or other form of order confirmation with your order number and details of the products and/or services you have ordered. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We may also may require additional verification or information before accepting any order.
To cancel an order, contact our Customer Service Department at kaylee@modernhabitathome.com
Discounts and Promotions
Unless otherwise specified, product and/or service prices already reflect any applicable discounts. All offers are limited to stock on hand; no “rain checks” are available. Discounts and/or promotions are not valid on prior purchases, gift cards, gift certificates, taxes or shipping and processing charges. You must pay any applicable sales tax. Offers may not be combined with any other sale, promotion, discount, code, coupon and/or offer. Promotions and/or discounts have no cash value. Offers cannot be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of any discount or promotional offer or amount equal to such offer. “Buy One Get One” offers apply a portion of discount amount to each of the items. Modern Habitat has the right to end or modify any promotion at any time in its sole discretion. Other restrictions may apply. Offers only apply to the United States unless otherwise noted.
Product Availability
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Prices; Shipping and Handling Charges
All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set forth in your order confirmation. Not all posted prices include charges for shipping and handling or taxes. All shipping and handling charges and taxes, if applicable, will be added to your order total and will be itemized in your shopping cart before final purchase as well as in your order confirmation.
Payment Terms
Terms of payment are set within our sole discretion and payment must be received by us before our acceptance of an order. We accept the acceptable payment methods listed on our Payment Service Provider's website for all purchases. You represent and warrant that (i) the payment card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any and (v) you will be personally responsible for payment in the event the payment card is later declined or for any reason the charge is reversed through the “charge back” process.
Payment to us for products and/or services ordered through the Site is made using a third-party payment service provider ("Payment Service Provider"). You may only use the acceptable payment methods listed on the Payment Service Provider's website. When you submit an order, you are authorizing the Payment Service Provider to process your payment and complete the transaction. You are responsible for confirming the accuracy of the information provided with such payment.
We charge your credit card for the full amount due at the time the order is placed. We generally ship your order the same or next day after your payment card is charged but reserve the right to otherwise ship your order at a time most convenient and practicable to us.
ShopPay via Affirm is a third-party financing alternative to credit cards and other credit-payment products. With this option, customers using our Site are offered real-time financing for online purchases pursuant to Affirm’s terms and conditions. If you sign up for Affirm financing you are not dealing with Modern Habitat but with Affirm directly. Modern Habitat does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about Affirm or its website or its content, products, or services. To sign up, you will leave the Site and your relationship with Affirm will be governed by its terms of use and its data privacy policy. If you sign up for financing with Affirm you do so at your own risk and agree and acknowledge that Modern Habitat is not responsible in any manner for any aspect of your arrangement with Affirm and agree to indemnify, defend, and otherwise hold Modern Habitat harmless from any and all claims arising from or related to your agreement with Affirm.
Sales and Other Taxes
We are obligated to withhold sales tax for delivery within certain states and all such taxes will be automatically charged and withheld. Products sold to tax-exempt organizations may qualify for abatement of sales tax. If your organization is seeking an exemption from payment of sales tax, you must fulfill all statutory requirements and provide a valid tax exemption certificate prior to our acceptance of your order.
Return Policy
All products purchased through the Site are subject to our Returns and Exchanges policy (located at https://modernhabitathome.com › pages › return-policy-faq) ("Return Policy"), which is incorporated herein by reference and made part of these Terms. You agree to comply with and be bound by the Return Policy in connection with the return of any products purchased through the Site.
Refunds
All refunds for products purchased through the Site will be made in accordance with our Return Policy.
THIRD PARTY SITES AND CONTENT
The Site may contain links to other websites or apps that our business partners and other third-parties own or operate. Your use of each of those websites and apps is subject to the terms and conditions, if any, that each of those websites and apps have posted. We have no control over third-party websites and apps, and you agree that we are not responsible for those websites or any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link, or the companies that own or operate the material or linked websites and apps.
