ModeSens Terms of Use

Welcome to ModeSens. Site (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “ModeSens” \"we,\" \"us\" and \"our\" refer to ModeSens, Inc. ModeSens, Inc. owns and operates shopping networks, the Site including https://modesens.com/, and any other linked and related pages, content, features, products, software, video player, and tools offered by ModeSens (the “Services”).

By using the site, you agree to these terms of use, the ModeSens Privacy Statement, and the ModeSens Community Guidelines and you agree to receive required notices and to transact with us electronically. If you do not agree, please do not use the site.

1. Registration

   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.

2. Age of Users

   Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

   By accessing the Services, you represent and warrant to ModeSens that: (1) you are an individual (i.e., not a corporation) at least 13 years old; (2) you are of legal age to form a binding contract or have your parent’s permission to do so; (3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (4) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (5) if you are under the age of 18 but at least 13 years of age, you uses this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

3. Non-Commercial Use

   This Site and its contents are for your own personal non-commercial use only.

4. 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.

5. Changes to ModeSens

   We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.

6. 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.

7. 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.

   The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of content, software, materials, or the Services in whole or in part.

8. Changes to these Terms of Use

   We may change these Terms of Use at any time. You can review the most current version of these Terms of Use by clicking on the Site's \"Terms of Use\" link. If you continue to use this Site after we make changes to these Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

9. Electronic Delivery Statement and Your Consent

   When you use our Services, or send emails to us, you are communicating with us electronically. By accessing the Service, you agree that we may communicate with you electronically. Such electronic communications may include e-mail, notices posted on our Services, \"push\" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or changes to these Terms of Use.

10. 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.

11. 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.

12. Third Party Sites and Advertisers

    ModeSens may include on the Site links to third party web sites. 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.

13. Disclaimer of Warranties

    We provide this Site and its contents \"as is.\" We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

14. Limitation of Liability

    You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

15. Indemnification

    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.

16. 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.

17. Choice of Law and Location for Resolving Disputes

    You agree that the laws of the state of Washington, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

    You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Washington, USA in the County of King, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. By agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, the state or federal courts in the state of Washington over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.

18. Severability and Integration

    This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Termination

    We reserve the right to terminate your use of this Site if you violate these Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

20. Claims of Copyright Infringement

    If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. Contact: [email protected]

21. Promotion and Publicity

    We may collect and store information about publicly accessible content on your website, application or other content (such as your website name and website content). Among other things, we may use this information to recommend certain Merchants and for advertising and marketing related activities.

22. Others

    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.