Terms of service
TERMS APPLICABLE TO USE OF MODERN NURSERY WEBSITE(S)
Effective as of December 28, 2020
If you are using the Site on behalf of any business, organization or other entity, you warrant that you are authorized to bind such entity to these Terms and to accept them on such entity’s behalf.
All orders for products or services and any other actions you take on the Site also are subject to all applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, and export control, as described further in these Terms. We reserve the right to make changes to these Terms at any time and without prior notice to you. We recommend that you periodically re-visit this page to review and familiarize yourself with the current Terms. Your continued use of the Site after we post any changes will constitute your acceptance of those changes. By ordering products and/or using our services, you acknowledge that you have read these Terms and that these Terms are binding and enforceable against you. Modern Nursery has no duty to modify or update its Site or any of its applications, and is not liable to you for any failure to do so.
If you do not agree with these Terms, you should immediately cease using our websites and mobile sites, or downloading, installing or using our applications. The Site is operated by Modern Living, LLC, with an office at 128 Gowrie St,2042 Newtown Australia,(+61) 485871701.
USE OF OUR SITE
Unless specifically authorized by Modern Nursery in writing, you may not reproduce, copy, sell, reverse engineer, create derivative works of, or otherwise exploit for commercial purposes, the Site. We reserve the right at any time to alter or discontinue any website, mobile site or application, in whole or in part, without notice to you. Your access to the Site may be suspended or withdrawn at any time and from time to time without notice to you.
Use of the Site is void where prohibited. You must be at least 13 years old to access, browse and use our websites and mobile sites, and to download, install or access any Modern Nursery application. If you are underage and wish to use the Site, you must get consent from a parent or guardian first. By using the Site, you understand and agree that you may be exposed to information, comments, reviews, data, images, photographs, videos, files and other materials (“Content”) posted by Modern Nursery, its third party suppliers or service providers, or by other Site users that you may find offensive or objectionable.
We take reasonable steps to ensure that the information, content, images, text or links contained in the Site are accurate and complete; however, we make no representation or warranty as to the completeness or accuracy of such information, content, images, text or links. Modern Nursery hereby disclaims any and all liability for any omissions or errors in or to the content of the Site generally. This includes typos or other errors with respect to product pricing.
We make no warranty that your use of the Site will be uninterrupted or error-free. We do not warrant that the Site will be compatible with all software and hardware that you may use, and we are not liable for any damage to any of your equipment, software, data or other property as a result of your use of the Site. You should always preserve your original Content (or make a backup copy) before submitting any Content to the Site, as we will not be liable for any damage to or loss of your information, comments, reviews, data, images, photographs, videos, files or other materials.
We reserve the right to make periodic repairs and carry out maintenance on the Site at any time and from time to time without notice to you. Our Site is independent from any operating platform and are not associated or affiliated with, sponsored or endorsed by, or in any other way linked to a platform operator. Your use of any given platform is subject to the terms and conditions of your platform operator and your wireless service provider.
Using certain applications or features of our Site may require specific hardware and/or Internet connectivity and appropriate telecommunications links, which may change over time. You are responsible for any internet connection fees and mobile carrier costs you may incur while using the Site or any applications. Should you decide to uninstall an application from your mobile device, for instance, you may not be able to use all or some of the features of such application.
Modern Nursery specifically prohibits any use of the Site in any way that violates (or promotes or facilitates the violation of) any applicable federal, state or provincial, or local or municipal law, statute, rule, ordinance, regulation or directive, or is otherwise fraudulent or criminal. While using any of the Site, you agree not to:
- Upload to, transmit through, or display on any of the Site any Content that is racially, sexually or ethnically offensive, obscene, indecent, harassing, or that is discriminatory based upon race, gender (including gender identity), sex, color, religion, creed, national origin, age, sexual orientation, marital status, disability or veteran’s status;
- Upload to, transmit through, or display on any of the Site any Content that is unlawful, fraudulent, threatening, abusive, libelous (including trade libelous), defamatory or otherwise objectionable;
- Engage in any activity that can be seen as hate speech, or as advocating or inciting terrorism, violence or harm to others;
- Defame, abuse, stalk, threaten or otherwise violate the privacy or publicity rights of others;
- Depict or describe sexually explicit conduct, inappropriate nudity, or pornography involving adults or children;
- Depict or describe the use of illegal drugs or other substances;
- Infringe our or any third party’s copyrights, patent rights, trade secrets, trademarks or service mark rights, or any other intellectual property rights, including by disclosing without permission any confidential, proprietary or trade secret information of ours or of any third party;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in any activity that may impact Modern Nursery’s electronic systems or the electronic systems of others, including without limitation defacing all or any portion of the Site, or restricting or inhibiting access to our Site including by engaging in a “denial of service” attack, spamming, or transmitting any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Send communications from an unknown source disguised as a source known to the recipient (spoofing) with the intent of committing fraud or other malfeasance;
- Provide inaccurate, false or misleading contact information, with the intent of impersonating another individual or entity;
- Modify, adapt, translate, reproduce, copy, resell, distribute, reverse engineer, decompile or disassemble all or any portion of the Site, including by removing or attempting to remove any copyright notices, trademarks, trade names, logos or other intellectual property from the Site;
- Access without permission, interfere with, damage or disrupt all or any part of an application; any equipment or network on which the application is stored; any software used in providing the application to you; or any equipment, network or software owned or used by any third party;
- Engage in any commercial activity, except as specifically permitted by these Terms; or
- Promote any other illegal activity, including without limitation violation of laws, statutes, rules, ordinances, regulations and directives regarding export control, unfair competition, anti-discrimination, false advertising and data privacy.
Some services provided through our Site may permit you to send and receive transmissions. We have no liability with respect to such transmissions or for any Content sent or received by you. We have the right in our sole discretion to limit the size and number of transmissions received or sent through our Site, and to change such limits at any time.
Any Content submitted by you to the Site is subject to review and examination by Modern Nursery to ensure, among other things, your compliance with these Terms and all applicable laws, statutes, rules, ordinances, regulations and directives, and to protect our privacy, safety and property rights and those of the public, including other users of the Site. We reserve the right in our sole and absolute discretion to alter, remove or refuse to process or post any images or other materials deemed objectionable to us. Your failure to comply with the above requirements will constitute a violation of these Terms by you. In such case, we may immediately terminate your access to and use of the Site and exercise any rights or remedies we may have against you, including reporting any perceived violations of law to the appropriate law enforcement authorities.
In some instances, you may be invited to create a member account with us on the Site. You agree that you will provide complete and accurate information about yourself as may be requested, and that you will keep such information up-to-date. In the event you are asked to create a password to access the Site, you will be responsible for keeping such password (and any related user name) confidential. You agree that you are solely responsible for all actions that take place under your account on the Site, whether or not authorized by you, and that we are not liable for any loss or damages that may arise as a result of such actions. You will notify Modern Nursery immediately in the event you become aware of any unauthorized access to, or use of, your member account or password.
INTELLECTUAL PROPERTY RIGHTS
You are solely responsible for any Content transmitted, posted, uploaded, submitted or distributed by you through the Site. Your Content also includes any information, reviews, comments and other communications submitted by you through the Site. Your Content is your responsibility, and under no circumstances will we be liable for: (1) any claims that arise as a result of your Content or the transmission, posting, uploading, submission or distribution of your Content through the Site; (2) for any errors or omissions in your Content; or (3) for loss or damage of any kind to your Content as a result of your use of the Site. We do not guarantee the accuracy or quality of any of your Content.
It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on the Site is copyrighted, and may not be used or copied by you without our express prior written consent or the prior written consent of the copyright owner, except as explicitly provided in the Site or by applicable law. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from the Site without our express prior written permission or the prior written consent of the copyright owner. You may download and print images and text from the Site only for your private, non-commercial use. Any other use requires our prior written consent or the prior written consent of the copyright owner.
Other than your Content, any images contained in or displayed by us on the Site are our property or are used by us with the consent of the copyright holder and any persons appearing in such images. Subject to these Terms, the use by you of any such images (or any portions of such images) without our express written consent or the written consent of the copyright holder is prohibited.
Any software contained in an application may only be downloaded by you if expressly authorized, and is subject to these Terms and any other terms and conditions provided with such software. All downloaded software must retain all copyright and proprietary notices. Downloading or exporting software is subject to all applicable laws, statutes, rules, ordinances, regulations and directives, including but not limited to copyright laws; laws prohibiting the export of software to certain countries, organizations or persons identified by the United States government or any governmental agency; and laws that require an export license or other governmental approval prior to export.
Any trademarks, trade names, logos, and/or service marks displayed on the Site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner. Our intellectual property is protected by U.S. and international copyright laws and by other applicable national laws. No trademarks, trade names, logos and/or service marks owned by Modern Nursery or any of its suppliers or service providers, whether or not registered, may be used by you in any way that may cause confusion with trademarks, trade names, logos and/or service marks owned by you or any other third party. Nothing on the Site should be understood by you as granting you the right in any way to license or use our trademarks, trade names, logos and/or service marks without our express prior written consent.
By posting or submitting Content through the Site, you warrant that you own all right, title and interest in and to the Content or that you have the permission of the copyright owner to use any materials that are not yours. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND YOU MAY BE LIABLE.
You agree that by submitting Content through the Site, you grant Modern Nursery and its third party suppliers, service providers and their respective successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, distribute, redistribute, transmit and reproduce the Content in connection with any products or services you may request through the Site. In connection with such services, you also grant us the right to authorize the downloading and printing, in whole or in part, of your Content.
To the extent we solicit from you, or if you submit of your own accord, feedback, comments or ideas to improve the Site, or any products or services we offer, sell or provide through the Site, then such feedback, comments and ideas are considered non-confidential. Such feedback, comments and ideas will not be returned to you and will become the property of Modern Nursery, and you shall have no rights in or to them. If you intend to retain any intellectual property rights in any of your feedback, comments and ideas (such as patent, copyright, trademark and the like), please do not submit them to us without our prior written approval regarding any rights to be retained by you.
THIRD PARTY SITES
Other sites may provide links to the Site with or without our approval, and we are not responsible or liable for any Content available through such links, or for any loss or damage you may sustain as a result of your access to or use of such links. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable in connection with any such dealings or promotions.
As part of the services we offer through our Site, you may grant us the ability to access Content you have stored on social media sites such as Facebook, Twitter, Instagram, Snapchat and others. By granting us this ability, you acknowledge that we may access, use and store, as applicable, such Content so that it is available on our Site, and that we have no responsibility with respect to that Content. Depending on the social media site and your privacy settings on such site, your personal information posted there may be available through our Site. You should review carefully your privacy and other settings on all social media sites, as well as the terms and conditions of use with each provider, to control how your Content is used, stored and shared. You are solely responsible for your interaction with any social media provider, and we are not a party to any such relationship. If the social media site terminates our ability to access your Content, your Content may no longer be available through our Site. You may terminate our ability to access Content through your social media sites at any time by adjusting the settings on our Site.
PURCHASES OF OUR PRODUCTS AND SERVICES
Certain products and services may come with a quality commitment Please refer to the relevant product and service pages of the Site for any specific information on products and services you order. The inclusion of products and services on the Site at a certain time does not warrant that such products and services will be available to you at any time. You agree that by placing an order you will use all products and services provided by us in a lawful manner and in compliance with all applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives. We reserve the right, with or without notice to you, to discontinue any product or service at any time, to limit the quantity of products and services you order, or to refuse to provide you with any product or service.
Title and risk of loss in connection with the purchase of any product passes to you upon delivery. You will not be charged for products you order until they are shipped, except as otherwise provided in the description of such product. Products may be shipped in more than one shipment.
Additional product and service purchase and sale terms apply to your purchase of products and services from Modern Nursery through the Site as well. CLICK HERE for the additional, applicable Purchase and Sale Terms and Conditions.
CONTESTS AND SWEEPSTAKES
We are not obligated to review all Content submitted by the users of the Site for copyright infringement, and we do not promise you that we do so. However, we are committed to protecting copyrights, and we expect all users of the Site to comply with all applicable laws, statutes, rules, ordinances, regulations and directives. The Digital Millennium Copyright Act of 1998 (the “DCMA”) provides recourse for copyright owners who believe that information appearing on the internet violates their rights under U.S. law. If you believe in good faith that any Content appearing on the Site infringes your copyrights, you may send us a notice requesting that the Content be removed, or that we block access to it. Your notice must meet certain requirements: (1) it must be in writing; (2) it must be signed by you (or your agent) as copyright owner, either physically or electronically; (3) you must identify your copyrighted work that is being infringed (or provide a list, if more than one copyrighted work is covered by one notice); (4) you must identify the Content you believe is infringing upon your rights in a manner that would permit us to locate the Content on the Site; (5) you must include your address, telephone number and email address; (6) you must state that you are making a complaint in good faith and that the information you are providing is accurate under penalty of perjury; and (7) you must include a statement that you have the right to proceed as the holder of the copyright, or as agent of the copyright holder. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice under the DCMA. More information is available at the U.S. Copyright Office website, www.copyright.gov. Notices and counter-notices regarding the Site should be sent to Modern Nursery at 65 Redding Rd, Unit 958, Georgetown, CT 06829 or [email protected].
DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY WARRANTIES SPECIFICALLY STATED IN THESE TERMS AND IN THE PRODUCT AND SERVICE PURCHASE AND SALE TERMS AND CONDITIONS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, INCLUDING ALL CONTENT INCORPORATED IN THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGMENT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT BY MODERN NURSERY, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS SHALL CREATE ANY WARRANTIES OTHER THAN THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
Except as may be otherwise referenced in the Purchase and Sale Terms and Conditions, you agree to fully indemnify, defend and hold harmless Modern Nursery, and its third party suppliers and service providers, and its and their respective employees, officers, directors, consultants, agents, representatives, vendors, licensors, co-branders, partners, successors and assigns (the “Indemnified Parties”) from any and all third party claims, liability, losses, damages and other costs (including attorneys’ fees)(each, a “Claim”) arising from (1) your violations of these Terms; (2) your use of the Site; (3) any products and services obtained by you through the Site; (4) any Content you provide in connection with your use of the Site; (5) your infringement of any intellectual property or other rights or any person or entity in connection with your use of the Site; and (6) any violation of applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives. You also agree to indemnify the Indemnified Parties for any Claim arising from actions that take place under your account on the Site, whether or not authorized by you. You agree to cooperate as required by the Indemnified Parties in the defense of any Claim. The Indemnified Parties retain the right to settle, compromise or pay any Claim, and reserve all rights to the defense and control of any Claim.
LIMITATION OF LIABILITY
MODERN NURSERY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY WEBSITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERN NURSERY, ITS SUPPLIERS OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM: YOUR INABILITY TO USE THE SITE, INACCURACY OF CONTENT AND YOUR RELIANCE THEREON, INFRINGEMENT OF YOUR RIGHTS BY ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY OR PUBLICITY), OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY THROUGH THE SITE, LOSS OF DATA, LOSS OF PROFITS, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE (OR PRODUCTS OR SERVICES RELATED TO THE SITE), WITH THE DELAY OR INABILITY TO USE THE SITE, OR WITH ANY DEFECTS IN THE SITE OR PRODUCTS OR SERVICES RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE RESTRICTIONS MAY NOT APPY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERN NURSERY, OR ITS THIRD PARTY SUPPLIERS OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU UNDER ANY CLAIM FOR ANY AMOUNT IN EXCESS OF THE GREATER THAN (1) THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM; AND (2) FIFTY U.S. DOLLARS (EUR $50).
CHOICE OF LAW AND VENUE
These Terms, as well as your access to and use of the Site, are governed by the laws of the state of Connecticut, excluding its conflict of laws provisions. We do not warrant that the Site are appropriate or available for use in any particular jurisdiction. You agree to submit to venue and the exclusive personal jurisdiction of the state and federal courts located in Fairfield County Connecticut, and to waive any jurisdictional, venue or inconvenience forum objection to any such court. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will either be enforced to the maximum extent possible or, if not capable of enforcement, will be deemed to be deleted from the Terms, and the remainder of the Terms will continue in full force and effect.
At our discretion, we may provide all legal notices and other important communications to you either electronically by posting them on the Site, or by sending an email to any email address you may have provided to us when creating a member account. If you do not wish to receive such communications by email, you may contact us at [email protected] ; however, if you withdraw your consent to receive communications in such manner, you may not continue to use the Site. In addition, from time to time we may provide an opportunity for you to “Opt In” to receive promotional communications and new product information from us. If you “Opt In,” you will have an opportunity to withdraw from receiving further promotional communications from us by following the directions provided for “opting out” of further communications, with each communication we provide.
All headings contained in these Terms are inserted only as a matter of convenience and are not otherwise legally binding.
© 2020 Modern Nursery. All rights reserved.