Modern Movement provides intimates, loungewear, shapewear and related products through our website www.modern-movement.com (the “Site”). Please read these Terms of Use carefully before using this Site so that you understand your legal rights and obligations. By accessing or using this Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site.
Intellectual Property
The content on the Site, including text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of Modern Movement and protected by United States and international copyright laws. The compilation and organization of all content on this Site is the exclusive property of Modern Movement and protected by U.S. and international copyright laws. All software used in this Site is the property of Modern Movement or its software suppliers and is protected by United States and international copyright laws.
The trademarks, service marks, trade names, trade dress, and logos (collectively, the “Modern Movement Marks”) displayed on the Site are registered and unregistered trademarks of Modern Movement, its licensors, or content providers, and may not be used in any manner without our express written permission. All page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Modern Movement.
Site Use and Monitoring
The Site and all its contents are intended solely for personal, non-commercial use. You may download or copy content and other downloadable items displayed on the Site for your personal use only. No right, title or interest in any downloaded content or materials is transferred to you as a result of any such downloading. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or otherwise exploit any content or material from the Site without the prior written permission of Modern Movement.
Modern Movement has the right but not the obligation to monitor the Site for violations of these Terms of Use. We reserve the right to remove or disable access to the Site for any reason, including if we reasonably believe that you have violated these Terms of Use.
User Content Disclaimer
The Site may enable you to submit your own content for promotions, contests, blogs and other purposes. Any personal information or content you voluntarily disclose online becomes publicly available and can be collected and used by others.
Modern Movement does not control the accuracy, integrity, quality or appropriateness of content submitted by our visitors. You must evaluate and bear all risks associated with the use any content submitted by others. Modern Movement will not be liable in any way for any content submitted by our visitors.
By submitting content to the Site, you grant Modern Movement a worldwide, perpetual, irrevocable, transferable license to use, modify, create derivative works from, distribute, and display such content on the Site in any format or media.
User Conduct
You agree to use the Site only for lawful purposes and not for any illegal or unauthorized activities, including but not limited to any conduct that would constitute a civil or criminal offense, violate any law, regulation or other governmental requirement, give rise to civil liability, or violate or infringe any intellectual property, privacy, contractual or other rights.
Activities specifically prohibited on or through the Site include:
- Posting, uploading, submitting or otherwise transmitting content that: (i) infringes or violates the intellectual property rights or any other proprietary rights of any party; (ii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iii) contains viruses, trojan horses, worms, spyware, timebombs, cancelbots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information; or (iv) contains false, deceptive or misleading statements or representations
- Impersonating or misrepresenting your identity or affiliation with any person or entity
- Automated uses, including bots, spiders and crawlers that access or use our services or collect data without our permission
- Disrupting or interfering with our services or the ability of authorized users to access them
Modern Movement reserves the right to terminate your access to and use of this Site at any time and without notice if it determines, in its sole discretion, that you have breached these Terms of Use. Modern Movement reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Modern Movement to disclose the identity or behavior of anyone using the services under inappropriate circumstances.
Products and Pricing
Modern Movement makes reasonable efforts to provide current and accurate product availability, pricing, descriptions, features and benefits on the Site. However, errors or inaccuracies may occur due to changes in product information or other extenuating factors.
Modern Movement reserves the right to make any changes and corrections to product offerings, prices, product descriptions, features or benefits without notice. Information about products and services is provided for general information and convenience purposes only and does not constitute an offer to sell or advice regarding the features, specifications or any other aspect of any product.
Displayed sale prices and discounts are valid only during the stated promotional period and while supplies last. Special promotions are subject to terms and conditions stated on the applicable promotion page on this Site.
Order Processing/Shipping Policy
We strive to process and ship all orders within 1-2 business days after receipt of a complete order. Availability, shipping fees, applicable taxes, and processing times for your order will be presented to you at checkout before your order is submitted.
Title to and risk of loss for hardware products you purchase from Modern Movement pass to you at our shipping facility upon transfer of the products to the carrier. Software is delivered electronically.
We are not liable for delays in shipment due to causes beyond our reasonable control. In the event a product on your order is unavailable, we will notify you via email or phone of any anticipated delay in fulfilling your order. You may choose to keep the remaining items on your order while we attempt to fulfill backordered items, or you may choose to cancel your order if we cannot complete fulfillment.
If you choose to cancel your order due to partial fulfillment, we will issue a full and prompt refund for the entirety of your order charges. However, we cannot accept responsibility for orders that do not reach you due to circumstances beyond our control. We urge customers selecting standard shipping services to check on the status of orders if not received within 14 business days.
No Warranties/Limitation of Liability
MODERN MOVEMENT PROVIDES THIS SITE AND ITS CONTENTS “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN MOVEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MODERN MOVEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL MODERN MOVEMENT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Indemnification
Upon request by Modern Movement, you agree to defend, indemnify, and hold harmless Modern Movement and its affiliates, employees, contractors, officers, directors, suppliers and agents from all liabilities, claims and expenses, including attorney fees, arising from your misuse of this Site or breach of these Terms of Use.
Choice of Law and Forum
The Site is operated by Modern Movement from our offices within the United States of America. These Terms will be governed by and construed in accordance with the laws of the State of California and the applicable federal laws of the United States of America. Any action to enforce these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California.
Waiver and Severability
No waiver by Modern Movement of any provision of these Terms shall be binding unless expressly set forth in writing and signed by our authorized representative. Any such waiver will be effective only to the extent specifically set forth in writing. Should any provision of these Terms be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired.
Changes to Terms of Use
Modern Movement reserves the right to update or modify these Terms of Use at any time without prior notice. Please check this page periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
Digital Millennium Copyright Act (“DMCA”) Notice
Modern Movement respects the intellectual property rights of others. If you believe that your copyrighted work has been copied on the Site in a way that constitutes copyright infringement please notify our agent by providing the information outlined below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your contact information, including your address, telephone number and email address.
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of DMCA claimed copyright violations should be sent to our designated agent as follows:
By Mail:
Modern Movement
DMCA Notice
123 Main St.
Los Angeles, CA 90000
By Email:
[email protected]
We will respond expeditiously to remove or disable access to material claimed to be infringing and will follow up with the reporting party when appropriate. It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.
Please note that the DMCA provides that any person who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Modern Movement, the alleged infringer, or the affected copyright owner for damages.
Contact Us
If you have any questions about these Terms of Use or the practices of this Site please contact us at:
Modern Movement
www.modern-movement.com
123 Main St.
Los Angeles, CA 90000
[email protected]
These Terms of Use were last updated on January 1, 2023.