Modatrova, Inc. (“Modatrova”) does business as Modatrova.com (“MODATROVA, “We”, “Our”, or “Us”).
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of individuals found on the Site.
We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party, this includes uploading of any images we deem inappropriate.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and MODATROVA has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MODATROVA of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may purchase items using a valid credit or debit card or a PayPal account. As some of our products are exclusively designed, items in the online store or cart may sell out and are not guaranteed to be available until your purchase is confirmed.
Payments & Promotional Offers
In order to ensure that your orders are processed correctly and in a timely manner, you must provide accurate contact and payment information, including name, shipping address, phone number, credit or debit card number and any other information required to fulfill your order.
From time to time, MODATROVA may offer users and members a promotional code or offer that will provide for a specific benefit. Each promotional code or offer is intended to be used only by the individual it was offered to, and is not transferable. If MODATROVA determines that you have used a promotional code or offer, not intended for you, MODATROVA, at its sole discretion, reserves the right to either void the transaction or charge your credit or debit card or PayPal account for the difference in what you paid, and the price of the product being sold to individuals who do not have the promotional code or offer.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MODATROVA and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to MODATROVA. Copyright 2017 Modatrova, Inc. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant MODATROVA a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of MODATROVA. You acknowledge and agree that you are solely responsible for all the user data that you make available through MODATROVA. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant MODATROVA the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or MODATROVA’s use of your uploaded data (or any portion thereof) on, through or by the means of MODATROVA will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
All design listings on MODATROVA.COM’s online store must be for sale. By selling an item on the Site’s online store, you warrant that you and all aspects of the item comply with MODATROVA’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale of the item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Disclaimers and Limitations of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODATROVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MODATROVA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODATROVA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NEITHER MODATROVA NOR EACH OF ITS RESPECTIVE PAST, PRESENT AND FUTURE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS, ATTORNEYS AND PARENT, AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON OR PROVIDED THROUGH THE SITE, EVEN IF MODATROVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or designers, MODATROVA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MODATROVA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MODATROVA shall immediately issue a credit to your credit or debit card account in the amount of the charge.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by MODATROVA. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
MODATROVA may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless MODATROVA, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
In an attempt to provide increased value to our visitors, MODATROVA may link to sites operated by third parties. However, MODATROVA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MODATROVA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MODATROVA seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Your use of the Site is governed in all respects by the laws of Delaware, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and MODATROVA’s services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Virginia, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and MODATROVA with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. MODATROVA may assign its rights and duties under this Agreement to any party at any time without notice to you.