Please read these Terms of Use ("Terms") carefully. This website ("Site") includes the website located at modestinthecity.com and any other website or service of StyleAddict, LLC or its subsidiaries and affiliated companies. MODEST IN THE CITY PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
MODEST IN THE CITY , AND YOU, AND YOU ACCEPT THEM BY (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
The site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this site only with involvement of a parent or guardian.
These terms shall apply to any order placed from an available international country. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the site, or registering with the site, you represent and warrant that you have read, understood and you agree to be legally bound by these terms
MODEST IN THE CITY may change or modify these Terms or any policy or guideline of this site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our site. If you do not agree to the amended terms, you must stop using the site.
JURISDICTION OF CHOICE & LAW These terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in City of Atlanta in the state of Georgia, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
SUBMITTED INFORMATION All material, content, and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the site shall be and remain the property of
MODEST IN THE CITY or its respective owners.
MODEST IN THE CITY may amend these Terms at any time by posting the amended terms on this site.
You agree that you are solely responsible for any Material posted or submitted by you. You represent and warrant that you own or otherwise control all of the rights to Material submitted by you and that no use of such Material by
MODEST IN THE CITY will infringe or violate any rights of any third party. You agree to defend, indemnify and hold
MODEST IN THE CITY and its affiliates, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys‘ fees and legal costs) arising from or in connection with any Material posted or submitted by you.
MODEST IN THE CITY reserves the right, at any time and in its sole discretion, to delete, move or edit any material posted or submitted by you.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to
MODEST IN THE CITY on this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively "Comments") shall be and remain
MODEST IN THE CITY’s property. Any such disclosure or submission of Comments shall constitute an assignment to
MODEST IN THE CITY of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments.
MODEST IN THE CITY will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
MODEST IN THE CITY is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
PROMOTIONAL OFFERS By participating in surveys, sweepstakes, contests or promotions on this site, and/or requesting promotional information or product updates, you hereby agree that Modest in the city may use information about you for marketing, product development, and promotional purposes. You agree that Modest in the city may use information about you and your use of this site in any manner that does not reveal your identity and/or consistent with the terms of Modest in the city’s Privacy Policy. Further, you agree that we may send you electronic mail for the purpose of advising you of updates to this site, providing you with information on Modest in the city ’s products or for such other purposes as Modest in the city deems appropriate. Please see Official Rules available for specific surveys, sweepstakes, contests or promotions for further details.
CONTENT PROVIDED VIA LINKS You may find links to other Internet sites or resources on the site. You acknowledge and agree that Modest in the city is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Modest in the city s will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Modest in the city's PRODUCTS All product descriptions, specifications, colors, and prices are subject to change by Modest in the city sat any time without notice. For United States customers, prices displayed on the site are quoted in U.S. Dollars. For International customers, prices are displayed in the customer’s local currency in most cases, but in US Dollars for some International countries. Modest in the city will display colors of products as accurately as possible, however, Modest in the city cannot guarantee that your monitor will display the correct colors. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Products offered for sale on this site are for your personal use only, not for resale. Modest in the city reserves the right to limit the number of products purchased and to refuse or cancel any order that we believe would violate any of these Terms, Modest in the city’s business practices, applicable laws or policies.
INTELLECTUAL PROPERTY RIGHTS You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this site are the exclusive property of Modest in the city and protected by the U.S. and international copyright laws.
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Modest in the city ’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations Modest in the city uses in connection with its products and services, including but not limited to Modest in the city . You may not remove or alter any Modest in the city Trademarks, or use the Modest in the city Trademarks, without Modest in the city's prior written consent. You acknowledge Modest in the city 's rights in Modest in the city Trademarks and agree that any use of Modest in the city Trademarks by you shall inure to Modest in the city's sole benefit.
DISCLAIMER OF WARRANTIES THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MODEST IN THE CITY DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND MODEST IN THE CITY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY IN NO EVENT SHALL MODEST IN THE CITY BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT MODEST IN THE CITY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
INDEMNIFICATION You agree to defend, indemnify and hold MODEST IN THE CITY harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with your use or misuse of this Site and the Material or your violation of any provision of these Terms.
INTERNATIONAL USE
MODEST IN THE CITY controls and operates the site from the United States, and all information is processed within the United States.MODEST IN THE CITY does not represent that materials on the site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the site. By visiting and using the site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding
the transmission of technical data exported from the United States. Without prejudice of the liability provisions as stated in the Terms above, you recognize and agree that
MODEST IN THE CITY shall in no event be liable in case of a failure to deliver the product(s), torn package(s) or any other cause beyond the control of
MODEST IN THE CITY, which would remain the sole responsibility of the shipping company.
CONSENT TO PRIVACY POLICY By using this site, you agree to comply with all applicable laws and regulations, and the terms of
MODEST IN THE CITY's Privacy Policy at http://modestinthecity.com/privacy, with respect to any access, use and/or submission by you of any personal information in connection with this site.
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