Binding Arbitration of All Disputes; No Class Relief. Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief. More info below in 7. Dispute Resolution.
Disclaimer of Warranties. We disclaim warranties and provide the Site and Services “As Is.” More info below in 6. Legal Notices.
Limitation of Liability. Our liability is limited. More info below in 6. Legal Notices.
Contact. Questions about our Terms may be sent to email us at email@example.com or as otherwise set forth in the Contact Us Section in our Terms. More info below in 9. Contact Us.
1. ABOUT MODERNE BARN
Binding Terms. Please read these Terms carefully. It is a legal document that explains your rights and obligations related to your use of our Services.
Eligibility. You represent and warrant that you are at least 18 years old or the age of majority in the state in which you reside, and have the right, capacity and authority to be bound by these Terms.
Updates to Terms. Moderne Barn reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Services with a new Last Updated date shown. All changes are effective from that Last Updated date and your continued use of the Services after that date signifies your agreement to any such changes.
Contacting You. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes either a purchase or inquiry and establishes a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law. .
3. INTELLECTUAL PROPERTY RIGHTS
Ownership of Content and Marks. The Services, and all content published on or accessible through the Site and our Services (‘Content”) is owned by Moderne Barn, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Moderne Barn owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”), are proprietary to Moderne Barn, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Moderne Barn’s, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Moderne Barn. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Site, Services or any of the Marks or Content, in whole or in part, without the prior written consent or Moderne Barn.
Your License to Us. By posting or submitting any material (including, without limitation, comments and photos) to us via the Site, if possible, or otherwise, you are representing that you are the owner of the material you provide to us with the express consent of the owner of the material. In addition, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such materials, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
4. USE OF THE SITE
Ordering Online. Gift cards on our Site are subject to availability. When you order online, you are responsible for providing accurate billing information.
No Third-Party Beneficiaries. These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.
International Users. The Site can be accessed from locations around the world. Moderne Barn makes no representations that the Site, content or other services available through the Site are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local and international laws.
Feedback. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Moderne Barn with any Feedback, you hereby grant Moderne Barn a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Moderne Barn is not required to make any use of any Feedback that you provide. You agree that if Moderne Barn makes use of your Feedback, Moderne Barn is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Moderne Barn to grant Moderne Barn and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
6. LEGAL NOTICES
Third Party Links. Throughout the Site, we may provide links to third party sites or access to other services provided by third parties such as online reservation services. Our linking to such third-party sites or access to services does not imply an endorsement or sponsorship of such sites or services, or the information, products or services offered on or through the sites or services. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on sites linked to by us which you access from our Site.
Limitation of Warranty. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY MODERNE BARN AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AGENTS AND THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THAT RESULT FROM LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH MODERNE BARN OR THIRD PARTY SERVICE PROVIDERS ACCESSIBLE THROUGH THE SITE OR OUR SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND THIRD-PARTY SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOUR USE OF THE SITE OR SERVICES. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR SERVICES.
Indemnification. You agree at all times to defend, indemnify and hold harmless Moderne Barn, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your negligence acts or omission, or any content/feedback you submit and/or damage to property.
CALIFORNIA RESIDENTS: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
7. DISPUTE RESOLUTION
Informal Resolution: In the event of any dispute, controversy or claim arising out of or relating to these Terms or our Site or Services (“Dispute”), you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration: If we cannot reach resolution, you consent to arbitrate your Dispute before a single arbitrator under the then current rules and fees of the American Arbitration Association (or another alternative dispute resolution provider, chosen mutually by you and Moderne Barn) in a location to be mutually agreed upon in Westchester County, New York, rather than litigate the dispute in court.
The arbitration will be governed by the laws of the State of New York, conducted in English, and be confidential. You and Moderne Barn also agree that the United States Arbitration Act governs the arbitrability of all disputes between us. In addition, you agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s use of the Site or Services, if Moderne Barn is a party to the proceeding. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any relief ordered cannot affect other users of the Site or Services. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If the arbitrator finds that the arbitration agreement, including class waiver, is unenforceable, in whole or part, the entire arbitration provision shall be null and void and either party may file the action in court. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Exceptions: There are only two exceptions to this arbitration agreement: 1) Either of us may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; and 2) if a party reasonably believes that eh other party has threatened to infringe the intellectual property rights of the other party the owner of the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Opt-Out Procedure: In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license that matches the name on your account to: email@example.com or via US Mail to Moderne Barn, 430 Bedford Road, Armonk, NY 10504.
PLEASE UNDERSTAND THAT BY AGREEING TO THESE TERMS YOU AND WE ARE WAIVING THE RIGHT TO A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND/OR A TRIAL BY JURY, EXCEPT AS PROVIDED ABOVE.
These Terms and policies incorporated herein are the entire agreement between you and Moderne Barn. They supersede any and all prior or contemporaneous agreements between you and Moderne Barn relating to your use of the Site or our Services. You may not assign your rights under your account or this agreement to any third party without Moderne Barn’s prior written permission. Moderne Barn may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Moderne Barn to partially or fully exercise any rights or the waiver of Moderne Barn of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Moderne Barn or be deemed a waiver by Moderne Barn of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Moderne Barn under these Terms and any other applicable agreement between you and Moderne Barn shall be cumulative, and the exercise of any such right or remedy shall not limit Moderne Barn’s right to exercise any other right or remedy.
9. CONTACT US
If you have any questions about these Terms or our Site or Services, please contact us at firstname.lastname@example.org; call us at 914 730-0001; or write us at Moderne Barn, 430 Bedford Road, Armonk, NY 10504.
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