Modnest.com ("Modnest") operates the website located at www.modnest.com and future potential domain names on which a copy of these terms of use appear (cumulatively the "Modnest Sites") as a service to its customers residing in the United States of America, its territories and possessions ("U.S.").

1. User Eligibility

The Modnest Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the Modnest Sites are available only in the U.S. If you do not qualify, do not use the Modnest Sites. In addition, you should only access the Modnest Sites from within the United States or its territories, as access to the Modnest Sites may be prohibited in countries outside the U.S. If you access the Modnest Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.

Special Note regarding Children: The Modnest Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Modnest Sites. Modnest will comply with the Children's Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Modnest Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children's use of the Internet and to block your children's access to particular Internet sites.

2. Ownership and Permitted Use of Modnest Sites and their Content

Modnest provides the Modnest Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the Modnest Sites. However, you should keep in mind that all of the information, content, and other material contained on the Modnest Sites, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all "Content") are the sole and exclusive property of Modnest, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by Modnest. You may view, download, and print material displayed on the Modnest Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.

3. Certain Restrictions on Use

You may not:

• distribute, retransmit, republish, reuse, repost, or use the contents of the Modnest Sites for public or commercial purposes, without Modnest's prior written permission;
• alter, modify, frame, or "mirror" any content contained on the Modnest Sites
• link to the Modnest Sites;
• use any data mining, robots, or similar data-gathering and extraction tools in connection with the Modnest Sites;
• remove or alter any copyright or other proprietary notices contained on the Content;
• input or upload onto the Modnest Sites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of Modnest or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
• post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to the Modnest Sites; or engage in any type of harassment activity via the Modnest Sites.

All rights not expressly granted in these terms of use are retained by Modnest.

4. Errors on the Modnest Sites

Modnest shall have no responsibility for errors of any kind on the Modnest Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Modnest reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.

A customer's sole and exclusive remedy if an item purchased by the customer from the Modnest Sites does not fulfill the description set forth on the Modnest Sites is to return the item, in an unused condition, to Modnest for a refund of the purchase price and, in Modnest's sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to Modnest. Because actual colors and the "look and feel" you see on the Modnest Sites will depend on your monitor and other technical factors, Modnest cannot guarantee that any video display of any product information or other data will be accurate at any time.

The price of each product and service will only be confirmed by Modnest upon the submission of an order by a customer. Prices provided on the Modnest Sites are subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event Modnest discovers an error of any kind in pricing or product and service information, Modnest reserves the right to, in Modnest's sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer's instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer's benefit. Products and services described on the Modnest Sites are available only while supplies last, and Modnest reserves the right to discontinue the offering or sale of any product or service at any time, without notice.

5. Feedback and Submissions to the Modnest Sites

Modnest welcomes your comments regarding the products and services offered on the Modnest Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Modnest Site and (ii) the Modnest Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Modnest Sites or through the feedback and survey opportunities offered by Modnest or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by Modnest, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the Modnest Sites, you grant to Modnest a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Modnest any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Modnest Sites.

By submitting material to the Modnest Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Modnest as to the origin of any submission. You agree to indemnify Modnest for all claims against it that arise from or are connected with your submission(s).

6. Disclaimer of Warranty

The Modnest Sites, including all Content and the Content of any Linked Websites, are provided "as is" and "as available." AS TO THE Modnest SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, Modnest EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Without limitation to the foregoing, Modnest makes no warranty: (a) that there will be no interference with your enjoyment of the Modnest Sites or Linked Websites; (b) that the Content provided on the Modnest Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the Modnest Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the Modnest Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the Modnest Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the Modnest Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the Modnest Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the Modnest Sites or Linked Websites will be corrected; (i) that materials on the Modnest Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the Modnest Sites or Linked Websites are available for use in any particular location.

You assume total responsibility and risk for your use of the Modnest Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the Modnest Sites or Linked Website shall be so obtained at your own discretion and risk. Modnest will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the Modnest Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the Modnest Sites or any Linked Website.

7. Limitation of Liability

Modnest will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Modnest Sites, even if Modnest has been advised of the possibility of such damages.

8. Order Fulfillment

Modnest reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Modnest shall not be liable to you or any third party for such denial or refusal.

9. Termination

Modnest may, in its sole discretion, terminate your use of the Modnest Sites or terminate your rights under these terms of use for any reason, without prior notice. In its sole discretion, and at any time, Modnest may also discontinue providing the Modnest Sites or any one or part, with or without notice. Modnest shall not be liable to you or any third party for any of the foregoing. Sections 1-14 shall survive the expiration or termination of these terms of use.

10. Links

The Modnest Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as "Linked Websites"). Modnest has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Modnest does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Modnest.

11. Other

These terms of use will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any dispute arising out of these terms of use or your use of the Modnest Sites shall be subject to the exclusive jurisdiction of state or federal courts located in Los Angeles County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These terms of use constitute the entire agreement between you and Modnest relating to use of the Modnest Sites, superseding any other agreement between you and Modnest with respect to the subject matter of these terms of use. Section headings in these terms of use are for convenience only and have no legal or contractual effect. If any provision of these terms of use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

12. Amendments

Modnest reserves the right, at its sole discretion, to revise, change, or modify the Modnest Terms of Use and Modnest Privacy Policy at any time by updating this posting. Your continued use of the Modnest Sites following the posting of changes to these terms of use and Privacy Policy signifies your acceptance of those changes. Therefore, you should check these terms of use and Privacy Policy from time to time as you visit the Modnest Sites.

13. Updates and Changes to Policies

Modnest may change its terms of use policies from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms of Use each time you access or use the Modnest Sites.

14. Contact Information

If you have questions regarding the Modnest Terms of Use, you may contact us at info@modnest.com.
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Modnest Sites, please notify Modnest immediately at info@modnest.com.

Effective January 1, 2009