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MODISclub Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome to MODISclub. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By using MODISclub ("MODISclub," "we" or "us") or MODISclub Service, you accept and agree to be bound by these Terms of Service. MODISclub may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the MODISclub website, MODISclub.com. The most current version will supersede all previous versions. By continuing to use the MODISclub Service after changes are made, you agree to be bound by such changes.
Privacy
Any information that you submit or we collect when you are using the MODISclub Service is subject to the MODISclub Privacy Policy, the terms of which are incorporated into these Terms of Service.
Limitations on Use
You must be at least 13 years old to use the MODISclub Service, or, if you are not at least 13, you may use the MODISclub Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the MODISclub Service.
Intellectual Property
MODISclub and/or its licensors are the sole owners of the MODISclub Service, which includes any software, domains, and content made available through it. The MODISclub Service is protected by Canada, U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and MODISclub grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the MODISclub Service without MODISclub's prior express written permission. Any unauthorized use of the MODISclub Service will terminate the limited license granted by us. MODISclub, MODISclub Service and other marks, graphics, logos, icons and service names related to the MODISclub Service are registered and unregistered trademarks or trade dress of MODISclub Inc. They may not be used without MODISclub's prior express written permission. All other trademarks not owned by MODISclub that appear in connection with the MODISclub Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MODISclub.
Electronic Communications
By using the MODISclub Service, you consent to receiving electronic communications and notices from MODISclub. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct
By using the MODISclub Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MODISclub Service. You also agree not to interfere with the servers or networks connected to the MODISclub Service or to violate any of the procedures, policies or regulations of networks connected to the MODISclub Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the MODISclub Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the MODISclub Service; (3) use the MODISclub Service for any unlawful purpose; or (4) resell or export the software associated with the MODISclub Service.
MODISclub does not promote, recommend or condone use of the MODISclub Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the MODISclub Service during such activities.
Third Party Offers
The MODISclub Service may contain services, contents and links to third party web sites or programs that are not controlled by or affiliated with MODISclub. MODISclub is not responsible for the contents, offers or privacy policies of such sites and programs, including, without limitation, its accuracy, quality and your redemption of such offers, or a merchant's refusal to honor any offer. Your dealings with the Service Provider and third party offers are solely between you and the applicable parties.
Charges for Using the MODISclub Service
MODISclub currently provides the MODISclub Service to you free of charge. However, when you use the MODISclub Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
MODISclub Text Message (SMS) Service
To opt in or subscribe to MODISclub, you can register from our website at MODISclub.com. Standard carrier rates apply to all text messages sent to or from the MODISclub text message service. For more information, check your mobile phone service plan or visit your carrier's website.
After you have registered for the MODISclub service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages once a week, you can still choose to opt out at any point thereafter.
To opt out from our text message service, log in with your member ID and go to "Unsubscribe" and check which brand(s) you would like to unsubscribe from our text message service. You will not receive any additional text messages until you re-subscribe to the brand(s) on our website.
To get help with the MODISclub text message service, you may fill out the contact us form.
Use of Information Submitted
You agree that MODISclub is free to use any comments, information or ideas contained in any communication you may send to MODISclub without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the MODISclub Service or other products or services.
No Warranty & Liability Limit
MODISclub PROVIDES THE MODISclub SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. MODISclub SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some provinces and states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. MODISclub assumes no liability or responsibility for any errors or omissions in the MODISclub Service; any failures, delays or interruptions in the MODISclub Service; any losses or damages arising from the use of the MODISclub Service, including, without limitation, any damage to your mobile device; or any conduct by users of the MODISclub Service. We reserve the right to deliver the MODISclub Service in our sole and absolute discretion.
IN NO EVENT SHALL MODISclub, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MODISclub SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some provinces and states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Indemnity
You agree to indemnify and hold MODISclub and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the MODISclub Service or your violation of any law or the rights of any third party.
Disputes
1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND MODISclub arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the MODISclub Service, MODISclub's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND MODISclub, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "MODISclub") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the MODISclub Service, MODISclub's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE CANADIAN OR THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and MODISclub. NEITHER YOU NOR MODISclub SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the MODISclub Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Terminate
MODISclub reserves the right in its sole discretion to terminate or restrict your use of the MODISclub Service, without notice, for any or no reason whatsoever.
General
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and MODISclub with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms of Service or the download and/or use of the MODISclub Service, please contact us at:
MODISclub
1528, 16 Avenue SW
Calgary, AB
Canada T3C 0Z8
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