You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.
During registration, you will be required to provide contact information including an email address, username and password. You may select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of ModeSens and the Site including our blogs. ModeSens reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing, and credit card information. You are required to provide accurate and complete information.
- Age of Users
- Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
- ModeSens Privacy Statement
Your use of this Site signifies your continuing consent to the ModeSens Privacy Statement, which you can examine any time by clicking on the \"Privacy\" link on the Site.
Personal information that you supply to ModeSens, and any information about your use of ModeSens that we obtain will be subject to the ModeSens Privacy Statement on this Site.
- Changes to ModeSens
We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.
- Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the ModeSens Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use ModeSens for lawful purposes only and may use the Site only in ways consistent with the law.
You shall not use any program, spider or \"bot\" to gather or \"harvest\" information from this Site.
- Proprietary Rights
All materials displayed or performed on the Services, or which may be made available for you are protected by copyright. These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right.
- Electronic Delivery Statement and Your Consent
- Content That You Supply
ModeSens may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
- No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
- Third Party Sites and Advertisers
ModeSens may include on the Site links to third party websites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ModeSens is not responsible for any claim or loss due to a third party site or any advertiser.
- Disclaimer of Warranties
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ModeSens does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. ModeSens does not represent or warrant that the price estimates for goods you order are the lowest or the best available price, nor does ModeSens offer price matching. While ModeSens attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
- Limitation of Liability
To the fullest extent permitted by applicable law, ModeSens will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if ModeSens has been advised of the possibility of such damages.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ModeSens or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
- Choice of Law and Location for Resolving Disputes
- Severability and Integration
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
- Reporting Claims of Copyright Infringement
ModeSens respects the intellectual property of others and takes claims of copyright infringement seriously. ModeSens will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that ModeSens remove or disable access to such material by submitting written notification to the copyright agent ModeSens has designated with the United States Copyright Office (“Copyright Agent”) at the following address:
c/o ModeSens Inc. Copyright Agent
5900 Balcones Drive STE 100
Austin, TX 78731 USA
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.
Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that ModeSens replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:
DMCA Counter Notifications
c/o ModeSens Inc. Copyright Agent
5900 Balcones Drive STE 100
Austin, TX 78731 USA
Pursuant to the DMCA, your written counter notification must include substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
Following receipt of your written counter notification by our Copyright Agent, ModeSens will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that ModeSens will replace the removed material and cease disabling access to it in ten (10) business days.
The DMCA allows ModeSens to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.
Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
When you begin using links, scripts, cookies and other technologies provided by ModeSens, we will collect and store information about your users and readers. We use this information for commission processing and data analysis, among other things. Due to system limitations some tracking is not fully supported by the merchants and cannot be tracked at the user level. ModeSens reserves the right to final interpretation.
ModeSens prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Brands sold on the Website are not partnered or affiliated with ModeSens in any manner. However, ModeSens fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
- Trademark Notice
All third party brand names and logos used in any commercial context by ModeSens are trademarks and/or registered trademarks of their respective holders. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, please refer to “Reporting Claims of Copyright Infringement” following DMCA practices.
- Return and Refund Policy
Please review the ModeSens return policy for details and process for making returns. Except as otherwise stated in the return policy, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price, less a return shipping fee, in the form of a refund based on the method of your choosing. Original shipping charges will not be credited or refunded when returning items.
Please note that we will only offer a refund for items if they are returned to a ModeSens seller on a timely basis per the partner store’s return policy and are in the same condition in which you received them. If you do not meet these requirements, your request for a refund will be rejected.
We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at email@example.com so that we can help you resolve the issue.
- Shopping Assistant Service
By using the ModeSens Shopping Assistant Service, you hereby acknowledge and agree that:
Except for the payment and order fulfillment provisions in these Terms, orders placed through ModeSens Shopping Assistant Service default to partner store terms as they relate to the goods and services sold by the partner store. Shipping and handling charges may not be refunded by the partner store fulfilling the order. Additionally, the cost of return shipping may be deducted from customers' refund. Returns and refunds are subject to the ModeSens return policy and the applicable partner store’s return policy.
Customers acknowledge that ModeSens is not the merchant selling the goods when you use ModeSens Shopping Assistant Service and that ModeSens is providing a service to select goods and make purchases from partner stores on your behalf to fulfill your order.
When you place an order request through ModeSens Shopping Assistant Service we will locate the store that offers the requested product to fulfill your order. At the time you place an order, we will provide an estimated total for the order. The estimate provided during the order request process is not confirmed until a partner store fulfills the order. Order requests submitted through ModeSens Shopping Assistant Service are not final until ModeSens confirms the purchase. If the item requested is not available due to price or inventory changes, the order may be cancelled. Upon locating your requested products at a partner store, ModeSens will place the order so long as the final price is no more than 10% more than the estimated total. If ModeSens locates the products in your order, but the price is greater than 10% over the estimated total, ModeSens will contact you to confirm that you want to complete the purchase at the stated price; ModeSens will not complete the purchase without your confirmation.
We reserve the right to refuse service or assistance with orders for any reason at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or may not be able to be completed for any other reason.