Welcome to the modulR™ legal rant, please pay attention, you may be tested.
Your use of the modulR Web Site (the “Site”) constitutes your agreement to follow and be legally bound by these terms and conditions (the “Agreement”). The Site is owned and operated by modulR LLC (“modulR”). As used herein, the terms “we,” “us” and “our” refer to modulR.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, OR ARE DISSATISFIED WITH THE SITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE THE SITE.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of modulR. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners. For example, iPad is a Trademark of Apple Inc. or its affiliates.
The modulR patents, designs and intellectual property (the “IP”) indicated and displayed on this Site are the sole property of modulR. We reserve all rights to the IP.
While our goal is a 100% error-free Web Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Please note that products display on the pre-order site are close approximations of the final product design and are subject to a change in color, texture and finish.
While we will use our best efforts to fulfill all orders, modulR cannot guarantee the availability of any particular product displayed on the Site. modulR reserves the right to discontinue the sale of any product listed on the Site at any time without notice.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to reject any order you place with us and/or to limit quantities on any order for any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
We reserve the right to limit or prohibit sales to buying agents or resellers.
Product prices offered on the Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Web Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
Prices and availability of products and services are subject to change without notice. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. modulR reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
All orders placed on the Site are subject to product availability and will be shipped according to modulR’s shipping policies. Delivery dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates. In the rare event that you do not receive your order after we ship it, you must notify us of this within 60 days from receipt of the shipping confirmation e-mail, otherwise, your order will be deemed delivered and you will be liable for payment on your order. For more information on our shipping policy, please click here.
We will not be liable for delays in delivery or for failure to perform our obligations due to causes beyond our reasonable control. Our time for delivery or performance will be extended by the period of such delay or we may, at our option, cancel any order or remaining part thereof, without liability by giving notice to you.
Returns & Refunds
We want you to be happy with your new modulR case and accessories. If you purchased a product directly from the Site and are not happy with your purchase, it is our general policy to provide you a refund. Items must be returned within 30 days of original purchase. Items pre-ordered or on back order may be returned within 30 days of product ship date.
All products must be in resalable condition and packed in the original packaging, including any accessories, manuals, and documentation that shipped with the product.
All returns must include a Return Merchandise Authorization (RMA) number, which you can request by contacting Support at: support@modulRcase.com. If the return is not due to merchandise that was damaged prior to your receipt of the merchandise, you will be responsible for the shipping cost back to modulR.
All refunds through modulRcase.com will be to your original method of payment. All other refunds are at the discretion of the individual retailer where the product was purchased.
We at modulR strive to build long-term relationships based on confidence and trust with our customers, and we will work hard to solve problems you might have with one of our products. We offer a one-year limited warranty, beginning at the time of retail purchase (the “Warranty Period”) on all modulR products sold. We warrant our products to be free of defects in materials and workmanship during the Warranty Period. This warranty is extended to the original end-user purchaser, beginning at the time of retail purchase. This limited warranty does not cover misuse or use outside of the normal and contemplated use of any product, unauthorized modifications, or external causes such as acts of nature. Your sole and exclusive remedy for any breach of this limited warranty shall be that modulR shall, at its option and at its cost and expense, and upon return of the defective product in accordance with modulR’s Return Policy, (1) repair the defective product, (2) replace the defective product, or (3) refund to you the amounts paid for the defective product. CLAIMS UNDER THIS LIMITED WARRANTY MUST BE MADE IN WRITING WITHIN 60 DAYS OF THE APPEARANCE OF A DEFECT. The limited warranty set forth in this paragraph gives you specific legal rights, and you may also have other rights which vary from state to state.
WITH RESPECT TO ANY PRODUCT THAT IS SUBJECT TO THE LIMITED WARRANTY SET FORTH ABOVE, ANY AND ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SUCH PRODUCT SHALL APPLY SOLELY DURING THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, MODULR MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIEDOR OTHERWISE,WITH RESPECT TO ITS PRODUCTS AND THE SITE.
Limitation of Liability
MODULR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND INCLUDING THE LOSS OF DATA OR INFORMATION, IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR ANY PRODUCT. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO US. THE FOREGOING SHALL IN NO WAY LIMIT MODULR’S LIABILITY FOR ANY INTENTIONAL, WILLFUL OR WANTON ACTS BY MODULR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any third party brings a claim against us, or any owner, director, officer, employee, or agent of modulR (the “modulR Parties”) related to (1) your actions with respect to the Site, (2) any breach or alleged breach by you of any of this Agreement, or (3) any violation or alleged violation of law by you, you shall indemnify and hold any and all modulR Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Posts by Third Parties and Links to Third Party Sites
This web site may contain posts by third parties and links to web sites owned or operated by parties other than modulR. Such features are provided for your reference and convenience only. modulR does not control these third parties or outside sites and is not responsible for their actions or content. modulR’s inclusion of posts by third parties or links to an outside site does not imply any endorsement of such posts or the material on any other site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with the author of any such post or the owner, operator or sponsor of any other site, nor does modulR’s inclusion of these posts or links imply that modulR is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site or post.
We welcome your comments regarding the modulR Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to modulR shall be and remain the exclusive property of modulR. Your submission of any such Comments shall constitute an assignment to modulR of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. modulR will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Privacy and Collected Information
modulR is committed to ensuring the privacy and security of our customers. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
You can also register with our website if you would like to receive email updates on our new products. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website. For example, we may track that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals personally.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Policy Concerning Children
If you are under age 13, you are not authorized to provide any personal information about you to the Site or to modulR. If we learn that the Site has collected personal information from a child under age 13, we shall delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at the address set forth at the bottom of this Agreement.
Special Provisions Applicable to Users Outside the United States. If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States.
modulR utilizes some of the latest technology for shopping and e-commerce security. The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. All orders to the Site are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. All of your personal information including your credit card information and sign-in password are transmitted by modulR and the Site in encrypted format at all times. For further protection, we do not store your credit card number. The Site, and more importantly all user information, is further protected by a multi-layer firewall based security system. Visa, MasterCard, Chase Paymentech, Authorize.net also take significant security measures to protect your information. Please keep in mind, however, that no Internet site is 100% secure. Thus, while we strive to protect the personal information and privacy of users of the Site, your use of the Site to transmit information is at your own risk.
By visiting modulRcase.com, you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and modulR.
Additional Terms and Conditions.
Certain areas of the Site may provide for additional products, services, or features and may include additional terms and conditions. To the extent that you elect to access or receive such additional products, services, or features, the related additional terms and conditions are incorporated herein by reference. To the extent the terms of this Agreement are inconsistent with such additional terms and conditions, such additional terms and conditions shall apply.
The provisions of the paragraphs above titled “Trademarks,” “Patents,” “Disclaimers,” “Limitation of Liability,” “Indemnification” and “Submissions” shall survive any expiration or termination of this Agreement.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous agreements between you and us with respect to such subject matter. Any purported change to these terms and conditions submitted by you in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from the terms and conditions of this Agreement may be accepted, but solely on the basis that the terms and conditions of this Agreement will prevail. If any portion of this Agreement is found to be unenforceable, the remaining portion shall remain in full force and effect. If we fail to enforce any of this Agreement, such failure shall not be considered a waiver. Any waiver of any term of this Agreement must be made in writing and signed by us. You may not transfer any of your rights or obligations under this Agreement to any third party without our written consent. All of our rights and obligations under this Agreement are freely assignable by us. This Agreement does not confer any third party beneficiary rights.
We own, protect and enforce copyrights in our proprietary content, and we respect the copyright properties of others. Content is made available on or via the Site by third parties not within our control. It is our policy not to permit content known by us to be infringing to remain on the Site. You should notify us promptly if you believe any content on the Site infringes a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), we shall respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to content claimed to be infringing or by removing or disabling access to links to such content. Pursuant to the DMCA, we have designated the Chief Executive Officer of modulR as our agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user of the Site, on the Site. The contact information for the Chief Executive Officer of modulR is:
Attn: Josh Beatty, Chief Executive Officer
1205 East Washington Street
Louisville, KY 40206
These Terms and Conditions May Change
All other questions, comments or inquiries may be directed to:
Attn: Web Site Geeks
1205 East Washington Street
Louisville, KY 40206