Conditions of Use
Welcome to storimodern.com. Stori Modern, LLC and/or its affiliates ("Stori Modern") provide website features and other products and services to you when you visit or shop at storimodern.com or use Stori Modern products or services. Stori Modern provides these Services subject to the following conditions.
By using storimodern.com, you agree to these conditions. Please read them carefully.
When you use storimodern.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through storimodern.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Stori Modern or its content suppliers and protected by United States and international copyright laws. The compilation of all content included on storimodern.com is the exclusive property of Stori Modern and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through storimodern.com are trademarks or trade dress of Stori Modern in the U.S. and other countries. Stori Modern’s trademarks and trade dress may not be used in connection with any product or service that is not Stori Modern’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stori Modern. All other trademarks not owned by Stori Modern that appear on storimodern.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stori Modern .
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Stori Modern grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of storimodern.com. This license does not include any resale or commercial use of any Stori Modern product; any collection and use of any product listings, descriptions, or prices; any derivative use of any portion of storimodern.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Stori Modern. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of storimodern.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Stori Modern's name or trademarks without the express written consent of Stori Modern. You may not misuse storimodern.com. You may use storimodern.com only as permitted by law. The licenses granted by Stori Modern terminate if you do not comply with these Conditions of Use.
If you use storimodern.com, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. storimodern.com sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use storimodern.com only with involvement of a parent or guardian.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Stori Modern reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Stori Modern a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Stori Modern the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Stori Modern for all claims resulting from content you supply. Stori Modern has the right but not the obligation to monitor and edit or remove any activity or content. Stori Modern takes no responsibility and assumes no liability for any content posted by you or any third party.
Stori Modern respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us an email at [email protected] with “Copyright Infringement Claim” in the subject field.
RISK OF LOSS
All items purchased from Stori Modern are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Stori Modern does not take title to returned items until the item arrives at our facility. At our discretion, a refund may be issued without requiring a return. In this situation, Stori Modern does not take title to the refunded item.
Stori Modern attempts to be as accurate as possible. However, Stori Modern does not warrant that product descriptions or other content displayed on storimodern.com is accurate, complete, reliable, current, or error-free. If a product offered by Stori Modern is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, price for Stori Modern products shown on storimodern.com represents the full retail price. For certain items that are offered as a set, the price shown on storimodern.com may represent "open-stock" prices, which means the aggregate retail price for each of the items included in the set.
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items offered for sale on storimodern.com may be mispriced. If the correct price of an item sold by Stori Modern is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE TO YOU THROUGH STORIMODERN.COM ARE PROVIDED BY STORI MODERN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STORI MODERN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH THE STORIMODERN.COM UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF STORIMODERN.COM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STORI MODERN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STORI MODERN DOES NOT WARRANT THAT THE PRODUCTS, INFORMATION, CONTENT, MATERIALS MADE AVAILABLE TO YOU THROUGH STORIMODERN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STORI MODERN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF STORIMODERN.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of storimodern.com, or to any products sold or distributed by Stori Modern will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, the Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using storimodern.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Stori Modern.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Stori Modern, LLC, c/o Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.