Please take the time to read this entire agreement (“Agreement”) governing your responsibilities (“you,” “your” or “user”) and use of the ModernFiber.com website (the “Site”). Failure to adhere to your responsibilities under this Agreement will result in termination of your ModernFiber.com account or may expose you to liability. ModernFiber.com is owned by Modern Fiber, LLC, a California limited liability company (collectively with the Site, “Modern Fiber,” “us” or “we”).
1. Acceptance of Terms
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH IN THIS AGREEMENT, PLEASE DO NOT USE THE SITE; USING THE SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THIS AGREEMENT. Modern Fiber provides its service (“Service”) to you subject to this Agreement. Your use of the Site constitutes your acceptance of this Agreement.
2. Use of Materials on the Site
All materials on the Site (collectively, “Materials”) shall only be used for personal, non-commercial purposes. Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of Materials from the Site is strictly prohibited unless you have obtained the prior written consent of Modern Fiber. The Materials covered by this prohibition include, but are not limited to, any written text, graphics, logos, photographs, audio or video material on the Site.
You are also strictly prohibited from creating works or materials that are derived or are in any way based on the Materials, including, but not limited to, fonts, icons, link buttons, wallpaper and unlicensed merchandise.
You agree not to use the Materials in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful; or racially, ethnically or otherwise objectionable. By the terms of this Agreement, you have agreed to use the Site in a legal manner. You further agree that Modern Fiber is not liable for any acts by you that violate this paragraph or the rights of any other party. Modern Fiber hereby disclaims any liability from the foregoing.
3. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to fully comply with the terms of this Agreement.
You agree that in order to provide you this Service, Modern Fiber can place advertisements into any interface provided by Modern Fiber. Such advertisements are under Modern Fiber’s sole and absolute control and may not, under any circumstances, be removed.
5. General Conditions
You may not use our products for any illegal or unauthorized purpose; nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright and trademark laws.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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 Modern Fiber.
You acknowledge that we shall have the right (but not the obligation) in our sole and absolute discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, we shall have the right to remove any content for any reason whatsoever, whether or not it violates this Agreement. You acknowledge that you may not rely on any content contained on the Site.
You acknowledge that we shall have the right to, at our sole and absolute discretion, form partnerships and/or agreements or work with affiliates to distribute any media uploaded to the Site for any purpose we see fit, including but not limited to marketing campaigns, downloads, network websites and widgets (small applications used on a variety of websites, such as blogs or personal websites).
You acknowledge, consent and agree that Modern Fiber may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Modern Fiber, users or the public.
The content on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on content published on the Site is at your own risk.
A. Product Availability: Modern Fiber searches far and wide to acquire exclusive handmade or handcrafted goods that are distinguished by their unique style and creative artisanship. Other than specific product lines, this translates into one-of-a-kind products whose unique style, nature or development process can never be imitated or recreated exactly as seen in the product displayed. Once that product is purchased, it may no longer be available through Modern Fiber or any of its originating sources.
B. Imperfections: The beauty of our products is their integrated design concepts and the creators’ ability to work organically with their materials in a uniquely personal way or cultural tradition that leverages the “fiber” of those materials. Any perceived imperfections tend to breed greater depth of character into the piece and should not be interpreted as flawed but as adding a larger enduring value. If you are not entirely happy with a product, please review our Return Policy.
C. Information: The Site may contain certain historical information which, by nature, is not current and is provided for your reference only. We observe, explore, research and document every location from which our products are sourced, gathering information that is both historically validated and shared anecdotally by the local community, on which a reasonable level of trust has been established. Any inaccuracies in descriptions, names or historical references are wholly unintentional. We make every effort to tell the true story of a product’s origin. Any reliance on content published on the Site is at your own risk. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according with our Return Policy.
We have made every effort to display as accurately as possible the colors, dimensions and images of our products. We cannot guarantee that the display of your viewing device will fully and faithfully reproduce the intended colors or image resolution.
Without obligation, we reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product 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.
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product.
8. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and corresponding expiration dates, so that we can complete your transaction and contact you as needed.
9. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new products, services or features through the Site, including the release of new tools and resources. Such new features or services shall also be subject to this Agreement.
10. Third-Party Links
Certain content, products and services available via the Site may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of 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 any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
11. User Comments, Feedback and Other Submissions
If, at our request, you send to us certain specific content (e.g., jpeg images) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, via email, by postal mail or otherwise (collectively “comments”), you agree that we may at any time and without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any of the comments provided by you to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments or suggestions.
We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates any party’s intellectual property rights or this Agreement.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way 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.
13. Errors, Inaccuracies and Omissions
Occasionally there may be information on the Site or in communications or correspondence that contains typographical errors, inaccuracies or omissions that may relate 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 to 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 undertake 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 specified 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.
14. Local Regulations
Modern Fiber makes no representation that materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
15. Server Downtime Policy
While Modern Fiber endeavors to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of Service for short periods of time. We disclaim liability for server downtime as set forth above.
16. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (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 will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or 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.
17. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. MODERNFIBER.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN MODERNFIBER.COM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODERN FIBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MODERN FIBER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MODERN FIBER’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN FIBER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN MODERNFIBER.COM OR ANY SITES LINKED TO MODERNFIBER.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MODERN FIBER MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON MODERNFIBER.COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MODERN FIBER ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF MODERNFIBER.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Furthermore, Modern Fiber makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or Site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
18. Limitation of Liability
NEITHER MODERN FIBER NOR ANY OF ITS OFFICERS, MANAGERS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE AND THE MATERIAL CONTAINED THEREIN OR PRODUCTS PURCHASED FROM THE SITE, OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MODERN FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. MODERN FIBER WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF SUCH WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF MODERN FIBER, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS MODERN FIBER, ITS EMPLOYEES, AGENTS AND REPRESENTATIVES AGAINST ANY CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST MODERN FIBER, ITS EMPLOYEES, AGENTS AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THIS AGREEMENT BY YOU OR ANYONE USING YOUR COMPUTER OR ACCOUNT. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR COMPUTER OR ACCOUNT INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, or accordingly may deny you access to the Site (or any part thereof).
22. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California, and you agree to submit to jurisdiction in any action to enforce the terms herein in the federal or state courts of Orange County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible; otherwise, this Agreement shall control. You agree that our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of our right to enforce such terms. This Agreement constitutes the entire and only agreement between you and Modern Fiber with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and Modern Fiber. Any and all other collateral representations, promises and conditions, and any representation, warranty, promise or condition not incorporated herein or made as provided for in this Agreement, shall not be binding on Modern Fiber. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You can review the most current version of this Agreement at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. If you do not agree with the modified Agreement, your only remedy is to discontinue using the Site.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Questions about this Agreement should be directed to Modern Fiber at firstname.lastname@example.org.