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1. Use Of Our Site.
Modify grants you permission to use our Site provided that: (i) you will not copy or distribute any part of the Site in any medium without our prior written consent, (ii) your use of the Site is only for your personal, noncommercial use and (iii) you will otherwise comply with the terms and conditions of these Terms.
2. Watch Prices, Descriptions & Specifications.
We may change watch prices, features and specifications. We do not guarantee the availability of any watch and so if one catches your eye, buy it as it might not be available on your next visit.
3. Payment For Watches.
If you purchase any of our watches (and we hope you do!), you warrant that you have the legal right to the payment means you use and agree you are reasonable for those charges.
4. Your Submitted Materials.
You agree that materials you submit to us ("Submitted Materials") are subject to the following terms and conditions:
5. Protecting Intellectual Property.
We are committed to protecting intellectual property rights. If you believe any material displayed on our Site infringes on your intellectual property, please send us a notice requesting that the material be removed to email@example.com.
Any sweepstakes, contests, surveys, or similar promotions ("Promotions") may be governed by specific rules. By participating in Promotions you will become subject to those rules, which may vary from these Terms. Please review the rules for any Promotion, which will be linked from such Promotion.
7. Promotional Codes.
We reserve the right to honor or impose conditions on any promotional code.
8. Use Of The Site Outside Of The U.S.
Our Site is controlled and operated from the United States and is not subject to the laws or jurisdiction of any state, country or territory other than those of the United States. If you choose to access our site outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules and regulations.
9. Third Party Sites.
10. Idea Submissions.
Modify is constantly improving because of customer ideas and suggestions. We encourage your ideas and suggestions but you agree that by submitting ideas or suggestions you irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions, please do not submit them to us without our prior written approval as an additional legal agreement may be required for us to evaluate your idea or suggestion. You can inquire regarding such approval by e-mailing us at firstname.lastname@example.org.
11. Warranty Disclaimer.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MODIFY AND ANY PARENT, SUBSIDIARY, LICENSOR, AGENT, OWNER, DIRECTOR, OFFICER, SUPPLIER, SHAREHOLDER, EMPLOYEE, CONTRACTOR, RESELLER, DISTRIBUTOR, AFFILIATE, REPRESENTATIVES, AFFILIATE OR OPERATOR OF MODIFY (THE "MODIFY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE MODIFY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE MODIFY PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE OR OTHER PROMOTION, AND THE MODIFY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODIFY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12. Limitation Of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MODIFY PARTIES SHALL NOTE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE MODIFY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. FURTHERMORE, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SITE IS TO STOP USING THE SITE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR WATCHES IS TO OBTAIN A REFUND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE MODIFY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Modify Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of these Terms; (ii) your use of and access to the Site; (iii) any claim that one of your User Submissions caused damage to a third party or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy rights.
You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
15. Governing Law.
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions.
If any provision of these Terms, or the application thereof to any person, place or circumstance, is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms will remain in full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have operate as a waiver of any right or remedy.
Any heading, caption or section title contained in these Terms is use only as a matter of convenience and in no way defines or explains any section or provision hereof.
These Terms may not be modified or amended except as set forth in the introductory section of these Terms.
20. Entire Agreement.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
21. Questions? Please Contact Us.
We greatly value your business. If you have any questions or concerns about these Terms, please do not hesitate to contact us at email@example.com.
Updated: March 2014