Terms of service

OVERVIEW

These Terms of Service constitute a legally binding agreement between you (referred to as "you" or "the user") and HomeModrn and its affiliates (referred to as "us" or "we"). Before creating an account on our website or applications, or using our products and services, it is important that you carefully read and fully understand all the terms and conditions outlined in this agreement. This includes provisions regarding service fees, applicable law, dispute resolution, as well as limitations of liability and your rights and obligations. By accessing or using any part of our websites, applications, products, or services, you signify that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with all of these terms and conditions, you are not authorized to use our products and services.

Any new features added to our products, websites, and applications will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on our website. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website or application.

By agreeing to these Terms of Service, you confirm that you have reached at least the legal age required in your country, region, state, or province. If you are a minor, please carefully read and understand this agreement with the guidance of a legal guardian, and use our products, websites, applications, and related services only with their consent. If you are using our products and services on behalf of a company or other legal entity, you must have the necessary legal authority to enter into this agreement. You may not use our products and services for any unlawful or unauthorized purpose, and you must comply with all laws and regulations in your jurisdiction, including copyright laws. Any breach of these terms may result in immediate termination of your access to our services, and you may be subject to legal consequences.

SECTION 1 – ACCOUNT

You can visit and browse our website even if you do not have an account. However, for some of our services, you need to create an account through registration and then use that account to log in and use our website or application without creating a new account again.

When registering an account, you promise and guarantee that all registration information you submit is true and accurate, and you will ensure that it remains so. You must keep all information such as passwords and verification codes confidential. We are not responsible for any losses caused by the theft of your account or password due to your negligence; furthermore, you are responsible for any losses incurred by us or any third party.

No one has the right to use another person's account or password without the express permission and authorization of the account holder. If you notice any unauthorized use of your account or password or any other suspicious activity, please contact us immediately. It is not advisable to authorize others to use your account password. If someone else uses your account password to cause losses to us or any third party, you will be fully liable for the consequences.

SECTION 2 – GENERAL CONDITIONS

When using our products and services, you agree that we will collect, use, store, disclose, share, and transmit the information you provide in a legal and compliant manner. Additionally, you agree not to copy, reproduce, sell, resell, or exploit any portion of our products or services, or any content on our services, website, or application, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information we provide is inaccurate, incomplete, or not current. The material is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material is at your own risk. We reserve the right to modify the contents of the information we provide at any time without prior notice, but we are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of HomeModrn. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made.

Additionally, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. By making a purchase, you agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. It is your responsibility to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools through our website or application. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without endorsement. We shall not be liable for any issues arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site or application is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider(s). Additionally, we may introduce new services and/or features through the website or application in the future, including new tools and resources. Such new features and services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY SERVICE

Certain content, products, and services available through our service may include materials from third parties.

From time to time, we may recommend, provide access to, or enable third-party software, applications, products, services, or links to websites ("Third-Party Services") for your consideration or use. Your purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party service provider ("Third-Party Provider"). In addition to these Terms of Service, you agree to be bound by certain additional terms that may apply to content, products, and services provided by third-party providers.

We are not responsible for reviewing or evaluating the content or accuracy of Third-Party Services, and we do not warrant or make any representations about the Third-Party Services. The provision of Third-Party Services on our site or application, or the integration or enabling of such Third-Party Services with our services, does not constitute or imply our endorsement, authorization, support of, or affiliation with the services. We do not guarantee the availability of Third-Party Services, and you acknowledge that we may remove access to any Third-Party Services at any time, in our sole discretion, without prior notice. We are not liable for any suspension or discontinuation of access to, or removal of, any third-party services. Neither we nor our affiliates will be liable for any direct, indirect, incidental, special, punitive, extraordinary, or consequential damages arising out of any Third-Party Services or your contractual relationship with any Third-Party Provider.

We are not liable for any harm or damages related to any transactions made in connection with any third-party websites, including the purchase or use of goods, services, resources, content, or otherwise. Please carefully review the third-party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

By installing or enabling a Third-Party Service and using it with our service, you authorize us to allow the applicable third-party provider to access your data and other content and take any other actions as necessary for the Third-Party Service to interact with our service. Any operations, exchange of data or other content, or other interactions between you and a third-party provider are solely between you and such third-party provider. We are not responsible for any disclosure, modification, or deletion of your data or other content, nor are we responsible for any consequential loss or damage you may suffer as a result of a third-party service or third-party provider's access to your data or other content.

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of Third-Party Services or your relationship with third-party providers. We, our parents, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers disclaim all liability.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the web and application is governed by our Privacy Policy. Please view our Privacy Policy carefully.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be instances on our site or within our service where information contains typographical errors, inaccuracies, or omissions concerning 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 modify or update information or cancel orders if any information on the service or related website is inaccurate, without prior notice, even after an order has been submitted.

We are not obligated to update, amend, or clarify information on the service or related website, including pricing information, except as required by law. Any specified update or refresh date indicated in the service or on any related website should not be taken to imply that all information in the service or on any related website has been revised or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site, application, or its content for the following purposes:

(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;
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet;
(l) to enter into any similar agreement on behalf of the company or its affiliates that may violate applicable anti-corruption laws; or
(m) to violate the relevant agreements of the United States, Japan, and Europe, by purchasing products and subsequently selling or transferring them to countries, individuals, or entities targeted by sanctions imposed by the United States, Japan, and Europe, or using them for purposes prohibited by such sanctions.

We reserve the right to terminate your use of the service or any related website for violating any of these prohibited uses, and we may pursue legal liability as appropriate.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You acknowledge 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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

These Terms of Service will remain in effect until terminated by either you or us. You have the option to terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by discontinuing your use of our site.

We reserve the right, in our sole discretion, to terminate or suspend your access to our services immediately and without prior notice if we believe or have reason to suspect that you have violated any provision of these Terms of Service or engaged in any activity that is unlawful, fraudulent, or violates the rights of others. Upon termination by us, you will remain liable for any outstanding obligations up to the date of termination.

SECTION 17 - ENTIRE AGREEMENT

Waiver of Rights

The failure of us to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Service, along with any policies or operating rules posted by us on the site or application, constitute the entire agreement and understanding between you and us. They govern your use of the service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Interpretation

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Force Majeure

You agree that we shall not be held liable for any force majeure event, which includes events beyond our control such as acts of God, terrorism, war, political unrest, insurrection, riots, civil disturbances, acts of civil or military authorities, strikes, lockouts, earthquakes, floods, or other natural or man-made disasters.

Such events shall not be considered a breach of this agreement, and we shall not be responsible for any failure to perform our obligations under this agreement due to force majeure. However, we commit to promptly notifying you and making every reasonable effort within our control to fulfill our obligations under the terms and conditions of this agreement despite the occurrence of a force majeure event.

Section 19- INTELLECTUAL PROPERTY

All intellectual property rights to the content provided in our products and services, including trademarks, text, designs, graphics, articles, photos, videos, audios, software, and any other materials, belong to us. No one may use this content without our permission or create derivative works based on it.

When using our products and services, you represent and warrant that you will comply with all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, or display any content that infringes any third party's patent, trademark, copyright, or other intellectual property or proprietary rights.

Any intellectual property rights that are generated during your use of our products and services will remain owned by you or the relevant rights holder. However, comments and other content you share may be visible to others. By using our services, you grant each of our users access to the relevant content you submit. Additionally, any other information you share during your use of the service, including improvement suggestions, ideas, and criticisms about our service, may be used by us to maintain and enhance our service.

By submitting any content, comments, or other materials to us through our services, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, view, copy, modify, adapt, publish, transmit, distribute, and exploit your submissions, including all intellectual property rights therein. This license includes the right to reformat, modify, create derivative works from, extract, and translate the content you submit as we deem necessary.

Section 20- Governing law

All matters relating to your access to our website, applications, or use of products and/or services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to any principles of conflicts of laws that may result in the application of the laws of another jurisdiction.

You agree that any dispute arising out of or related to these matters shall be exclusively resolved in the courts located in the State of Delaware. You consent to the jurisdiction and venue of such courts for any such disputes.

This Agreement explicitly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods.

Section 21- CHANGES TO TERMS OF SERVICE

We will promptly notify you of any modifications and changes to the service agreement. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to us at support@homemodrn.com.