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By accessing Modavanti, you are agreeing to be bound by Modavanti’s Terms and Conditions of Use (“Terms of Service), spelled out in this document and by all applicable laws and regulations.
These Terms of Service govern your membership on Modavanti.com and all its affiliated mobile products and sites. If you do not agree with any of the below terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by copyright and trademark law for Modavanti LLC.
By establishing an account on Modavanti.com and it’s affiliated mobile products or by purchasing or using products or services provided by Modavanti you acknowledge and agree to the following:
These Terms of Service have been executed and accepted by you and constitute a valid and binding agreement between you and Modavanti enforceable against you in accordance with the terms below. You agree 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 jurisdictions.
Your established account, purchases and use of the products and services available through Modavanti.com, must be in strict compliance with these Terms of Service and all applicable laws, rules and regulations. All calls to Modavanti’s office, emails to Modavanti accounts and other communications between you and Modavanti may be recorded. The use of Modavanti images, promotional or marketing campaigns or any products of services for commercial gain is strictly prohibited.
Permission is granted by Modavanti to its website Modavanti.com for users to view materials and purchase merchandise solely for personal, non-commercial transitory purposes only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials or pictures; use the materials or pictures for any commercial purpose without approval from Modavanti and the brand, or for any public commercial display; attempt to decompile or reverse engineer any software contained on Modavanti's website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modavanti at any time. Upon terminating your ability to visit the site will be restricted and you must destroy any downloaded materials in your possession whether in electronic or printed format.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Modavanti or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Modavanti and protected by U.S. and international copyright laws. All software used on this site is the property of Modavanti or its software suppliers and protected by United States and international copyright laws.
Modavanti graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Modavanti in the U.S. and/or other countries. Modavanti’s trademarks and trade dress may not be used in connection with any product or service that is not Modavanti’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Modavanti. All other trademarks not owned by Modavanti that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Modavanti.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Modavanti does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Modavanti.com only with involvement of a parent or guardian. Modavanti reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Modavanti reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Modavanti has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modavanti of the site. Use of any such linked web site is at the user's own risk.
When you visit Modavanti.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Before or at the time of collecting personal information, Modavanti will identify the purposes for which information is being collected.
Modavanti will collect and use of personal information solely with the objective of fulfilling those purposes specified by Modavanti and for other compatible purposes, unless consent of the individual concerned is obtained when required by law.
Modavanti will only retain personal information as long as necessary for the fulfillment of those purposes.
Modavanti will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
Modavanti will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Modavanti will make readily available to customers information about our policies and practices relating to the management of personal information. Modavanti is committed to conducting its business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
By creating an account, the user will have established membership on Modavanti.com. To successfully login, it is required that the user (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Modavanti’s sole discretion. The user agrees to accept responsibility for all activities that occur under his/her account or password. The user is responsible for maintaining the confidentiality of his/her account and password, and for restricting access to his/her account. Modavanti cannot guarantee the security of our users accounts or information but will work determinedly to protect such information.
Users must notify Modavanti immediately of any unauthorized use of the user’s login and membership on Modavanti.com by or a third party.
Modavanti may, in its sole discretion, decide to not process or to cancel user orders in certain circumstances. This may occur, when the requested product or service the user wishes to purchase is out of stock or has been misprice, when Modavanti deems the request suspicious of fraudulent behavior, or in other circumstances Modavanti, in its sole discretion, determines appropriate. Modavanti also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Should Modavanti decide to cancel or hold the user order, Modavanti will either forgo the charge or refund the charges for orders that are not processed or canceled.
Modavanti prides itself on providing accurate product descriptions its site. Modavanti however cannot guarantee that its descriptions are always accurate, valid, complete, or error-free. Should Modavanti offer a product that is not as described, the user’s sole remedy is to return the item, as specified in these Terms & Conditions in exchange for a full refund and an accompanying credit as a gesture of goodwill.
Modavanti strives to provide correct pricing information regarding the merchandise available on Modavanti.com. However Modavanti is not able to prevent against pricing errors. Therefore Modavanti reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly entered on the site as a result of an error. Should such an error occur, the user will be notified by Modavanti by email and an accompany credit as a gesture of goodwill. However Modavanti does reserve the right, at its sole discretion, to correct any error in the stated full retail price without certain compensation to the customer.
Modavanti.com will contain updated records regarding the availability of merchandise. Such information can be used to immediately inform users, as best as possible, as to when an item will be shipped after you place your order. Unfortunately, as Modavanti is a drop-ship sales model and thus must rely on its partner brands to ship to its customers, Modavanti is unable to guarantee that an item listed as “in stock” will actually ship right away. On rare occasions, a product may be in stock when a customer places the order, but sold out by the time Modavanti is able to process the order. Should this happen, Modavanti will notify the user by email. It is important to note that out-of-stock products generally are occasionally no longer available once sold out. If Modavanti determines that a product is no longer available, the item will be cancelled from the users order. Modavanti will notify the user by email and send along an accompanying credit as a gesture of goodwill.
Modavanti will offer members the ability to earn credits toward future purchases on Modavanti.com when they invite friends to become members of Modavanti. To qualify, those friends make a purchase in the required timeframe. Users may only earn credits via Modavanti’s authorized member invite mechanism. Referrals outside of Modavanti authorized channels will not result in any referral credit. Users will only receive credit for the first purchase made by a friend who makes his or her first purchase on Modavanti.com as a result of an invite from the user. Proper directions(received in the invite email) must be adhered to, in order to receive receive credit. Modavanti will not take responsibility for failure to follow proper procedures.
Users hereby agree that having multiple Modavanti accounts is in violation of these Terms of Service uses such alternate accounts in order to circumvent or game Modavanti’s friend referral system may result in forfeiture of the user accounts, credits, points and saved purchases. Modavanti, in its sole discretion, reserves the right to void accounts in such instances of a violation of these Terms and Service.
Users must not conduct own promotion in connection referral program or any other of Modavanti’s services, products or campaigns. Users may not engage in any promotional, marketing, or other advertising activities on behalf of Modavanti, including by using any trademarks of Modavanti.
All items purchased from Modavanti 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.
This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Modavanti on an “as is” and “as available” basis, unless otherwise specified in writing. Modavanti makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Modavanti disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Modavanti does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from Modavanti are free of viruses or other harmful components. Modavanti will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any dispute or claim relating in any way to your visit to Modavanti.com or to products or services sold or distributed by Modavanti or through Modavanti.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1.800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Modavanti will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting Modavanti.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Modavanti.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Modavanti.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Modavanti that your copyrighted material has been infringed.
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