Modern Shade Xpress, Corp Terms & Conditions
Below you can view our terms and conditions for use. If you would like more information, please do not hesitate to reach out to our team.Acceptance of the Terms of Use
Welcome to the website of Modern Shade Xpress, Corp ("Company", "Modern Shade Xpress", "MSX", "our", "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, http://www.modernshadexpress.com, including any and all web pages related thereto (the "Site")PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
International Users
This Site is hosted and operated by Modern Shade Xpress in the United States, pursuant to the applicable laws of the United States and the State of Arizona. We make no representation whatsoever that the materials or content on the Site are appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the Site from outside of the United States (each, a “Non-U.S. User”) do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Arizona with respect to these Terms of Use; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Use; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Site.If you are a consumer in the EEA and believe we have collected or maintained personally identifiable information about you, please contact us at help@modernshadexpress.com immediately. As a consumer in the EEA you have certain rights under the General Data Protection Regulation (GDPR) and we aim to honor those rights. Please visit https://www.eugdpr.org/ for more information.
Privacy Policy
The Company's Privacy Policy describes our privacy practices with regard to information collected from you when you use the Site and is hereby incorporated by reference into these Terms of Use.Modifications to Terms of Use
We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Site. You will be notified of any material changes to our Terms of Use on this page under "Last Update", below. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.Last Update
Our Terms of Use were last updated 5/17/2021.Intellectual Property Rights and Restrictions
The Site and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") are protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by Modern Shade Xpress, except to the extent otherwise expressly indicated or attributed in the Content. You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property of Modern Shade Xpress or any other party is transferred to you or any other person as a result of your or their access to or use of this Site. In addition to the foregoing, the trademarks, logos and service marks of Modern Shade Xpress shall not be used in connection with any product or service that is not expressly authorized by Modern Shade Xpress or in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits Modern Shade Xpress.Site Access; Limited License
Modern Shade Xpress grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents for your personal, noncommercial (other than for the purchase of merchandise from Modern Shade Xpress) use only. Except as otherwise provided herein, you may not copy, reproduce, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Site, the Contents, any materials downloadable therefrom, or any related software, without the express prior written consent of Modern Shade Xpress. Any other use of the Content is strictly prohibited. Except with respect to product orders placed by designers, architects and other commercial groups by virtue of the "to the trade" portal on the Site ("Trade Partners"), you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content; provided, however, that in no event shall any Trade Partner represent itself as Modern Shade Xpress, carry on its business in a manner that is likely to cause consumer confusion with respect to Modern Shade Xpress products and/or services, or otherwise use Modern Shade Xpress’s trademarks, service marks, trade names, trade dress, logos or other intellectual properties in connection with any Trade Partner product or service. All use of the Site and downloading of Content is at your own risk.Modern Shade Xpress and its affiliates reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice, and/or to refuse service, terminate accounts and/or cancel orders if Modern Shade Xpress reasonably believes that customer's actual or intended conduct violates applicable law, rule or regulation, these Terms of Use, or any other policy, term, condition or disclaimer set forth on this Site or is otherwise harmful to the interests of Modern Shade Xpress or any of its affiliates.
Registration
Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Site by such party in accordance therewith.Changes to Site
We expressly reserve the right, with or without notice to you, to change, suspend, discontinue and/or restrict the Site or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data or other information contained or available on the Site) at any time, for any reason, and without liability to you.Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:- In any way that violates any applicable federal, state, local and international law or regulation.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site or otherwise use any device, software or routine that interferes with the proper working of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site).
- Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
Linking Sites
The Site may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Modern Shade Xpress of such other website(s), and is for your reference and convenience only. Modern Shade Xpress has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Linking to any third party website is at your own risk and subject to the terms and conditions of use and privacy policies of such third party website(s), which you should review carefully before engaging in any transactions or provide information on such website(s).No linking to this Site is permitted without the express written permission of Modern Shade Xpress.Fabric/Hardware/Component Colors and Textures
Modern Shade Xpress attempts to assure that the display of the colors and textures of our products that appear on the Site as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor's display of any color will be 100% accurate.Inaccuracy Disclaimer
Modern Shade Xpress does not guarantee that the information or Content contained on this Site will not contain errors, inaccuracies or omissions. From time to time there may be information on the Site that contains typographical errors, inaccuracies and/or omissions that may relate to colors, product descriptions, pricing, availability or other Content on this Site. Modern Shade Xpress reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, Modern Shade Xpress reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Modern Shade Xpress will promptly issue a credit to your credit card. If you have you have any questions or in the unlikely event encounter such an experience, please email our Customer Service Department at help@modernshadexpress.com.User-Generated Content
The Site may contain message boards, chat rooms, blogs, personal web pages, email capabilities, profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you post, submit, publish, display or transmit to other users (hereinafter "post") content or materials on or through the Site or to submit suggestions, feedback or inquiries to Modern Shade Xpress (collectively, "User Generated Content"). All User Generated Content must comply with the Content Standards set out below in these Terms of Use and will be considered non-confidential and non-proprietary. By submitting User Generated Content, you grant to Modern Shade Xpress and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, reproduce, modify, adapt, transmit, publish, sell, assign, translate, distribute, publicly display and perform, and create derivative works from the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. Modern Shade Xpress has no obligation to provide attribution for any User-Generated Content you provide. By submitting User-Generated Content, you: (i) represent and warrant that you either own or control all right, title and interest in and to the User-Generated Content and that you have the right to grant Modern Shade Xpress and its affiliates the license granted above; (ii) represent and warrant that all information you provide in such User-Generated Content is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) waive any moral rights you may have in such User-Generated Content, including if such User-Generated Content is changed in a manner not agreeable to you.You understand and acknowledge that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Site. Modern Shade Xpress has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Site. Notwithstanding the foregoing, Modern Shade Xpress has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including the Content Standards), in Modern Shade Xpress’s sole discretion. Modern Shade Xpress does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of Modern Shade Xpress. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Modern Shade Xpress in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.
Content Standards
These content standards (the "Content Standards") apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:- contain any material which is libelous, defamatory, obscene, pornographic, indecent, hateful, inflammatory or otherwise illegal;
- be threatening, abusive, or disruptive to Modern Shade Xpress or users of the Site (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity.
- abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
- infringe the intellectual property rights, including without limitation copyrights and trademarks, of any other person or entity;
- use another person's name or impersonate or attempt to impersonate another person or entity, Modern Shade Xpress or any of its representative, or use a fake or alternative identity that is misleading or is for a deceptive purpose;
- violate any applicable law or violate the rights of any other person or entity;
- contain any software viruses, political campaigning, chain letters, mass mailings, "worms" or constitute any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act); or
- promote, offer or advertise the products or services of any person or entity other than Modern Shade Xpress, involve commercial activities or commercial solicitations, or the solicitation of any funds or consideration.
