Terms and Conditions
Terms and Company Conditions
These Terms and Conditions May Change
Moderustic.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. In the highly unlikely event that a circumstance presents itself where we cannot come to terms to resolve the issue, the matter will be resolved outside of court by arbitration. By purchasing from this site, you agree to the following:
When items are purchased from Moderustic Inc, they are pre-paid.
•All orders charged in full are to be deemed Custom. All custom orders are charged 100% in full.
Your credit card is charged when you place the order. This is due to the fact that so many products sold by Moderustic Inc are build-to-order products. We can and only will give a full refund if the order has not begun the order process. This generally happens within 24 hours. Once the order process begins there can and will be a restocking, cancellation, voiding or processing charge. Depending on the time frame of the said change and or cancellation there can be a 20% and up to 70% or even more charged back for this action. Caveat Emptor, (buyer beware) If you’re not sure then do not place the order!
•All custom orders are FINAL SALE!!!!
• All custom orders are FINAL SALE!!!!
• Returns/exchanges must be made within 30 days of purchase with exceptions only by management.
• Returns/exchanges products must be unused and/ or unmixed.
• Returns/exchanges products must be packaged well to avoid damage in transit, OR YOU WILL BE RESPONSIBLE FOR THE DAMAGE.
• Returns/exchanges products that are damaged in transit will not be able to be refunded or exchange.
• Refunds will be made towards product cost only.
• Customer is responsible for return/exchange shipping cost.
• Refunds will not be given for non-product labor costs (consulting fees, installation fees, labor, shipping etc.)
• Restock fees of 30% to 70% may apply depending on which items are being returned (see below for details).
Glass/ burning products 30%, Burners 50%, Custom Burners 70%, Metal Pans or any Custom Metal Work, Electronics are not returnable ever!
• Refunds are processed after customer’s review and acceptance of refunded amount.
• Refunds take approximately 1 week for processing less any customer delays.
• Any return must have a return authorization in writing by the management and this will be noted.
• There are no returns or refunds on any custom metal products what so ever!
· We do NOT guarantee productions times! We will give you an estimated production time based upon your project and the amount of work we have in shop, but we do NOT guarantee production times no matter what!
· Shipping has become an issue so all orders will and must be signed for. No package will be left at your door unless you sign for it. This is called a direct signature request. It is also referred to as a Signature service. If a package or packages are left at your door per your request, you will be the responsible party.
· We do NOT guarantee shipping dates! We can give you an estimate ship date but this does not grantee that your order will ship by that date.
· Your order must be PAID IN FULL prior to your order shipping out, this includes and crate, freight, and shipping costs. Everything must be PAID IN FULL on your order or else your order will NOT ship out!
EXPEDITED SHIPPING NOTICE
(i.e. 2/3-Day Select, Next Day/ 2nd Air, etc.):
If UPS/ FedEx fails to deliver your packages within the expedited delivery time frame you have chosen, they can or will refund a PORTION of the delivery charges. We will pass 100% of the UPS/ FedEx refund back to you. The amount refunded is determined by UPS/ FedEx and will be less than the original expedited shipping charge that you originally paid. This is due to surcharges and fuel charges. We do not determine what will be credited back.
- UPS 3 Day Select is not guaranteed 3Day transit time. Depending on your shipping address will determined your transit time. Transit times can vary between 3 - 5 business days depending on your shipping address provide. Please call us at (909) 989-6129 if you would like to know what the transit time for this option is in your area.
SHIPPING OUTSIDE THE UNITED STATES
If you would like us to ship outside of the United States, please inform us of the country you would like to ship to along with the product you want to purchase. We will let you know if we can ship to that country and if so, will give you a quote including shipping charges. We will accept a certified check or cashier's check, bank wire transfer. Once funds clear our bank, we will ship product to you.
Customer is responsible for any taxes and duties that may apply to your order once it reaches customs!!!
• We are not responsible for local codes and or if any of our products are or are not approved. Please check with your local building department or governing agencies for proper approvals before purchasing. Custom built or designed items are not returnable for any reason.
• Any Designs, Drawings, PDF Files, Ideas, Pictures, Attachments, Renderings, Facsimiles, Faxes, Blue Prints, Copies, Documents and even copy written materials once sent to Moderustic Inc, Ed Jaunzemis, Aquatic Glassel or any employee of Moderustic Inc becomes property of said company to use, distribute, copy, reproduce, manipulate, recreate, modify, advertise, promote, lay claim to and or use in our discretion as we need. If you do not agree with these terms, then please do not send us anything. Our intentions are to create for you the "Customer" and it is our vast collection of material that will spawn an idea for you to have us create something for you. If we should create something/ anything for you that is one of a kind, you do not own any rights to this or their idea or ideas, product or concept in any way shape or form.
Fire Balls, Fire-Shapes & Fire-Stone
COLORATION: Solid Concrete Fire Balls, Fire Shapes, and Fire Stones are not a paint-based coating. They are a water based ceramic stain formulation that is made for fire use. This ceramic stain application will provide a fairly consistent covering, unfortunately not all castings absorb at the same rate. Some soak up all the coloration resulting in a "thin" look. When this occurs, we cannot "double dip", as the 2nd coating will reside on the surface; and will peel under heat.
In sum, there will be variations in the same color from time to time and piece to piece. The staining penetrates the base material to provide certain colorfastness under heat; unattainable by regular paint. Yet, over time and continual usage - the surface layer will burn away.
CRACKING: Hollow Terracotta Fire Balls are not to exceed temperatures of 600 degrees. If placed directly on the fire, under excessive heat, over a long period of time, the fireballs will crack. We would advise the following guidelines: If directly in the flames, run a low to medium flame, and remove when planning to run on high flame. Place the balls behind the flames, and or in front of the flames. If fireballs are in the flame, Do-Not place the opening of the hollow fireball down, allowing the flame to enter the hollow fireball. Have the opening facing away from the flame (ideally facing the back of the fireplace).
Porcelain coated, Terra Cotta Fire Balls (hallow): These are handmade 2 piece construction, and then porcelain coated. Because of the nature and construction of these Fire Balls and the actual material, there is no guarantee to the finished look. The porcelain is applied and fired up to 2200 degrees. The rate and adhesion is different with every batch of balls manufactured. Some may be shinier the others and or smoother. Some may be and can have a rougher texture than the previous batch. There is nothing wrong with the Fire Balls just because they look different than any other previous balls manufactured or purchased.
- If directly in the flames, run a low to medium flame, and remove when planning to run on high flame.
- Place the balls behind the flames, and or in front of the flames.
If fireballs are in the flame, Do-Not place the opening of the hollow fireball down, allowing the flame to enter the hollow fireball. Have the opening facing away from the flame (ideally facing the back of the fireplace).
Placing an Order
· At this time, with the exception of Moderustic gift cards, Moderustic ships merchandise to locations within the 50 United States. Moderustic ships to international locations via a third-party partner. Moderustic does not ship to Puerto Rico, Guam or the US Virgin Islands. Some oversize items requiring freight delivery cannot be shipped to Alaska or Hawaii.
· Moderustic gift cards are shipped within the continental United States, as well as Alaska, Hawaii and Puerto Rico.
· The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
· To see Moderustic shipping and delivery policies in more detail, please see Shipping & Delivery.
· You may purchase merchandise from the Moderustic Site by using any one of the payment options listed in Payment Options. Moderustic reserves the right to change its payment procedures at any time without prior notice to you.
· Moderustic charges sales tax for merchandise ordered on the Moderustic Site based on the applicable state sales tax rate and the location to which the order is being shipped.
· Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Moderustic return policy, available under Returns/Cancellations
· Moderustic reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Moderustic Site, Moderustic reserves the right to cancel any orders resulting from such pricing errors.
· To properly serve all customers, Moderustic reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Moderustic further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
· Moderustic may display advertising prints for products sold through a Moderustic Site. Moderustic attempts to display the colors of the products shown on the Moderustic Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
· All custom orders are FINAL SALE!!!!
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Moderustic Inc. The collective work includes works that are licensed to Moderustic Inc. Copyright 2003, Moderustic Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Moderustic Inc or purchasing Moderustic Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Moderustic Inc or to purchase Moderustic Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Moderustic Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Moderustic Inc used in the site are trademarks or registered trademarks of Moderustic Inc
Limitation of Liability
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Moderustic Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Moderustic Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Moderustic Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Moderustic Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Moderustic Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Moderustic Inc product is mistakenly listed at an incorrect price, Moderustic Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Moderustic Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Moderustic Inc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Moderustic Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Moderustic Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Moderustic Inc.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Moderustic Inc products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Moderustic Inc products) must be commenced within one (1) year after the claim or cause of action arises. Moderustic Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Moderustic Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Moderustic Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Moderustic Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Moderustic Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Moderustic Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Moderustic Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless Moderustic Inc, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Moderustic Inc may link to sites operated by third parties. However, even if the third party is affiliated with Moderustic Inc, Moderustic Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Moderustic Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Moderustic Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Click Here to see additional Terms and Conditions!
General Review Writing Guidelines
YOUR OPINION COUNTS
We appreciate your time and comments – and so do fellow Moderustic Inc guests. Your opinions help us create an insightful, revealing and valuable experience.
Make your review a quick read by keeping it short and sweet (75-300 words). The maximum limit is 1,000 words.
Please focus your comments on the reasons why you like or dislike the item. If you have questions regarding a specific product, please Contact Us at (909) 989-6129.
If you experience a health or safety issue with the product you are reviewing, please call the 1-909-989-6129 on the product label. You may also call Moderustic Inc or Customer Service at 1-909-989-6129.
All submitted product reviews are subject to the terms set forth in our Terms and Conditions.
We respectfully request that you refrain from the following in your review:
*Comments on competitive products, other product reviews or other features visible on the page.
*Profanity, obscenities or spiteful remarks.
*Time-sensitive material (e.g., promotional tours, seminars, lectures, etc.).
*Phone numbers, e-mail addresses, physical addresses or URLs.
*Availability, price or alternative ordering/shipping information.
*Solicitations for helpful votes.
*More than 1 review per item.
SUBMITTING YOUR REVIEW
When you submit your review you must include a valid e-mail address, but you aren’t required to display it. You then have the option of creating an online Pen Name or including your Real Name with the review.
If you choose to use a Pen Name:
• Your Pen Name will be displayed along with any content you submit, and your existing reviews will be updated to display your Pen Name.
• You may have only one Pen Name per Moderustic.com account.
• You may supplement your Pen Name with a personalized signature and/or your location.
• You won’t be required to verify your identity with a credit card.
• You may change your Pen Name to your Real Name, but in order to do so you will be required to verify your identity with a credit card. This change will then replace your Pen Name with your Real Name on all of your existing reviews.
Example of a Pen Name:
Happy Mom “Cindy S” (St. Louis, MO, USA)
If you choose to use your Real Name:
• Your Real Name will need to match your cardholder name as it appears on your credit card.
• Your Real Name will be displayed, along with a Real Name icon, next to any content you submit. Any existing reviews you have previously written under a Pen Name will be updated to include your Real Name.
• You may supplement your Real Name with a personalized signature and/or your location.
• If you choose to use multiple credit cards for your Moderustic.com account, you will be allowed to use multiple Real Names so long as they match the cardholder names on the various credit cards.
• You may change your Real Name to a Pen Name. This change will then replace your Real Name with your Pen Name on all of your existing reviews.
Example of a Real Name with a Real Name icon:
Cindy Smith “Book Maven” (Seattle, WA, USA)
Any review in violation of these guidelines may be removed at our discretion.
This Website is Operated by Moderustic.com
Still need help? Contact Us at (909) 989-6129
The Moderustic.com website is operated by Moderustic.com, a division of Moderustic Inc. The mailing address for Moderustic.com is 9467 9th Street, Suite D, Rancho Cucamonga, California 91730.
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Moderustic.com website.
All of the Content you see and hear on the Moderustic.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Moderustic.com, one of its affiliates or by third parties who have licensed their materials to Moderustic.com. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Moderustic.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Moderustic.com reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Moderusic.com.
Reviews, Comments, Submissions and Other Communications
We welcome your reviews, comments and other communications, photos or videos ("User Content") as long as the User Content submitted by you complies with these Terms and Conditions.
You agree that any User Content submitted by you on Moderustic.com will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Moderustic Inc rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on Moderustic.com will not contain obscene, profane or threatening language, and will not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and Moderustic Inc assumes no liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You understand and agree that we do not monitor User Content, but we reserve the right to review and delete any User Content for any or no reason, including User Content that we determine in our sole discretion violates these terms, or is otherwise harmful to us, other Moderustic Inc guests or any third party.
For any User Content that you submit, you grant Moderustic Inc a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate such content into any form, medium or technology throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant Moderustic Inc the right to include the name provided along with the User Content submitted by you.
You must provide your actual e-mail address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your rating and review, you agree that Moderustic Inc and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes; however, Moderustic has no obligation to respond to any User Content.
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss
Despite our best efforts, a small number of the items on our Web site may be mis-priced. As part of our shipping procedures, we verify price before an item is shipped out.
- If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price we will cancel your order and notify you of such cancellation via email.
We do not offer additional discounts on large orders of a single item or on large orders of many individual items. We reserve the right to limit quantities.
If you are not fully satisfied with your purchase you may return it with the original packing receipt within 30 days of the order date. Additional restrictions apply. Please see our Return Policy for more details.
Moderustic.com sales are made by either Moderustic.com (a division of Moderustic Inc). The risk of loss and title to items pass to the purchaser upon delivery.
All Gift Cards, e–Gift Cards and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
DISCLAIMERS –– GENERAL
THE MODERUSTIC.COM WEBSITE IS OPERATED BY MODERUSTIC INC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MODERUSTIC.COM, MODERUSTIC INC, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THE MODERUSTIC INC BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, THE MODERUSTIC INC BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE MODERUSTIC INC BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THE MODERUSTIC INC BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THE MODERUSTIC INC BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE MODERUSTIC INC BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
DISCLAIMERS –– MODERUSTIC.COM / HEALTH PAGES
THE INFORMATION CONTAINED IN THE MODERUSTIC.COM / HEALTH PAGES OF THIS WEBSITE HAS BEEN DEVISED WITHOUT REFERENCE TO CULTURAL, DIETARY, SOCIETAL, LANGUAGE, PRESCRIBING, OR DISPENSING CONDITIONS (INCLUDING THOSE IMPOSED BY LAW), OTHER THAN THOSE OF THE UNITED STATES, WHICH MIGHT AFFECT THE INFORMATION PROVIDED.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE MODERUSTIC INC BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY MODERUSTIC INC BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE MODERUSTIC INC BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE MODERUSTIC.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
Last updated November 2010
The effective date of this Agreement is April 10, 2010
By accessing or using any features of the site, including the purchase of products and services on the site located at http://www.Moderustic.com(the “Moderustic Site”) and operated and managed by Moderustic Inc. (“Moderustic” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Moderustic Site (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.
Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Moderustic may vary from these Terms of Service.
As a User of the Moderustic Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Moderustic Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Moderustic Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the “register” link near the top of any page on http://www.moderustic.com/.
These Terms of Service set out the legally binding terms with respect to your use of the Moderustic Site. Please read these Terms of Service carefully. Your access to and use of the Moderustic Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Moderustic Site.
The Moderustic Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Moderustic Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Moderustic Site. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Moderustic Site
You agree and understand that the Moderustic Site, including any and all features available via the Moderustic Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Moderustic Site implemented after your initial access to the Moderustic Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Moderustic Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators' use of the Moderustic Site.
In order to access some features of the Moderustic Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Moderustic Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the Moderustic Site solely for your personal, non-commercial use. For example, you may use the Moderustic Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Moderustic Site for User Content and business or product information. You may also invite people you know to join the Moderustic Site. You acknowledge and agree that we do not control the User Content posted to the Moderustic Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Moderustic Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Moderustic Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Moderustic Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to:
- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Moderustic Site, except and to the extent expressly permitted under these Terms of Service;
- Remove any copyright, trademark or other proprietary rights notice contained in or on the Moderustic Site;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Moderustic Site;
- Collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- Reformat or frame any portion of any Web pages that are part of the Moderustic Site;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users' enjoyment of the Moderustic Site;
- Submit to the Moderustic Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- Transmit or upload to the Moderustic Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Moderustic Site, any other Web site, or any computer or other device or system, or the enjoyment of the Moderustic Site by any User;
- Use the Moderustic Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- Submit to the Moderustic Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Moderustic Site to transfer or store illegal material, including any material deemed threatening or obscene;
- Copy or store any User Content offered on the Moderustic Site other than for your personal, non-commercial use;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Moderustic Site or the IT infrastructure used to operate and make the Moderustic Site available;
- Use the Moderustic Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the Moderustic Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
- You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you post, publish or display on the Moderustic Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Moderustic Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Moderustic Site any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the Moderustic Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Moderustic, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the Moderustic Site.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Moderustic Site. You may not post any content that:
- is patently offensive to users of the Moderustic Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you believe any User Content or any other aspect of the Moderustic Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Moderustic Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Moderustic Site may be reached at the following address:
9467 9th street Suite D
Rancho Cucamonga, California 91730
Or by email: Ed@Moderustic.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Moderustic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Moderustic's sole discretion.
From time to time some of the Content appearing on the Moderustic Site or other Moderustic affiliated websites may be directed at children. Moderustic urges all parents and/or guardians to monitor and supervise their children's use of the Moderustic Site and the internet in general.
As between you and us, the Moderustic Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Moderustic Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licencors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licencors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Moderustic Site are the proprietary property of Moderustic or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Moderustic Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Moderustic Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MODERUSTIC SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE MODERUSTIC SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE MODERUSTIC SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE MODERUSTIC SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE MODERUSTIC SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE MODERUSTIC SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE MODERUSTIC SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE MODERUSTIC SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE MODERUSTIC SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE MODERUSTIC SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Moderustic reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Moderustic Site, Moderustic reserves the right to cancel any orders resulting from such pricing errors.
To properly serve all customers, Moderustic reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Moderustic further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
Moderustic may display advertising prints for products sold through a Moderustic Site. Moderustic attempts to display the colors of the products shown on the Moderustic Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation on Liability
IN NO EVENT SHALL MODERUSTIC OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE MODERUSTIC SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE MODERUSTIC SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, MODDERUSTIC’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE MODERUSTIC SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE MODERUSTIC SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold Moderustic and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Moderustic Site, (ii) your use of the Moderustic Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Moderustic Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE MODERUSTIC SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Placing an Order
At this time, with the exception of Moderustic gift cards, Moderustic ships merchandise to locations within the 50 United States. Moderustic ships to international locations via a third party partner. Moderustic does not ship to Puerto Rico, Guam or the US Virgin Islands. Some oversized items requiring freight delivery can not be shipped to Alaska or Hawaii. Moderustic gift cards are shipped within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Moderustic shipping and delivery policies in more detail, please see Shipping & Delivery.
You may purchase merchandise from the Moderustic Site by using any one of the payment options listed in Payment Options. Moderustic reserves the right to change its payment procedures at any time without prior notice to you.
Moderustic charges sales tax for merchandise ordered on the Moderustic Site based on the applicable state sales tax rate and the location to which the order is being shipped.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Moderustic return policy, available under Returns/Cancellations.
Changes to Terms of Service
We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Moderustic Site after any modifications indicates your acceptance of the modified Terms of Service.
Any dispute relative to the Moderustic Site or use or inability to use the Moderustic Site will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Moderustic Site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
By visiting Moderustic Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Moderustic Site.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to Ed@Moderustic.com
One or more patents may apply to this Web site, including without limitation to any patents pending.
Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself. They are not substitutes for your own caution, care, good judgment and common sense.
- Always read container labels on paints, solvents, and other products; provide ventilation, and observe all other warnings.
- Always read the manufacturer's users manual for using a tool, especially the warnings. You should not use tools until the owner's manual is received and reviewed thoroughly.
- Always pay deliberate attention to how a tool works so that you can avoid being injured. Do not try to force them to do what they were not designed to do.
- Always keep your hands away from the business ends of blades, cutters, and bits.
- Never work with any tools when you are tired or under the influence of alcohol or drugs.
- Never cut tiny pieces of wood or pipe using a power saw. Cut small pieces off larger pieces.
- Never work in insufficient lighting.
- Never work with dull tools. Have them sharpened, or learn how to sharpen them yourself.
- Never saw a surface that spans a large distance between horses without close support on each side of the cut; the piece can bend, closing on and jamming the blade, causing saw kickback.
- Never support a surface from underneath with your leg or other part of your body when working.
- Always use hold-downs and push sticks whenever possible when working on a table saw. Avoid working short pieces if you can.
- Always make sure that any adjustment is locked before proceeding.
Wear the Correct Gear:
- Wear rubber or work gloves when handling chemicals, moving or stacking lumber, or doing heavy construction.
- Wear eye protection, especially when using power tools or striking metal on metal or concrete.
- Use a special-purpose tool belt with leather pockets and holders if you want to carry sharp or pointed tools, such as knives, awls or chisels. Never carry such tools in your pockets.
- Wear a disposable face mask when you create dust by sawing or sanding. Use a special filtering respirator when working with toxic substances and solvents.
- Never work while wearing loose clothing, hanging hair, open cuffs, or jewelry.
Power Tool Precautions:
- Always be sure that the electrical setup is safe; be sure that no circuit is overloaded and that all power tools and electrical outlets are properly grounded. Do not use power tools in wet locations.
- Always remove the key from any drill chuck (portable or press) before starting the drill.
- Always clamp small pieces firmly to a bench or other work surface when using a power tool on them.
- Always be aware that your body's reflexes probably are not fast enough to save you from injury from a power tool in a dangerous situation. Be alert!
- Always hold a circular saw firmly, usually with both hands so that you know where they are.
- Always use a drill with an auxiliary handle to control the torque when large-size bits are used.
- Never change a movable part such as a saw blade, a drill or router bit unless the power cord is unplugged. Do not depend on the switch being off; you might accidentally hit it.
- Never use a power tool on a surface - large or small - that is not firmly supported.
* All orders charged in full are to be deemed Custom. All custom orders are charged 100% in full.
All of the pictures and content are copy written on this website: U.S. Copyright Registration No is: VA 1-650-624
Entitled: "Moderustic 1107"
Effective registration date is February 1, 2008.
Has anyone ever told you "Nice Logs" ? Nooo, I don't think so.
CSLB# C-17 693887 - US patent # 7,976,360 B2 - Violators will be prosecuted.