Agreement between User and modmountainboutique.com
Welcome to modmountainboutique.com. The modmountainboutique.com website (the “Site”) is comprised of various web pages operated by Mod Mountain Boutique, LLC (“MMB”). modmountainboutique.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.modmountainboutique.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
modmountainboutique.com is an E-Commerce Site. MMB provides an on-line shopping experience primarily for women’s apparel, gift items and accessories. Items sold include products purchased from both name brand apparel companies as well as emerging brands. Certain products have been designed by MMB and produced with the Mod Mountain trademark (trademark pending).
Visiting modmountainboutique.com or sending emails to MMB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MMB is not responsible for third party access to your account that results from theft or misappropriation of your account. MMB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
MMB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.modmountainboutique.com only with permission of a parent or guardian.
We accept returns however we do not provide exchanges. Please place a new, separate order if you would like to order a different style or size as our quantities are limited and we cannot guarantee that the product you are interested in will be available by the time we receive your return.
All returns must be postmarked within 21 days of the purchase date. Merchandise may be returned as long as it is in the original condition (has not been worn/used and is in the original packaging). The original tags must also still be attached to the merchandise. Refunds will be given in the method of payment for the merchandise within 5 days of receipt of the returned package.
Return shipping costs are the responsibility of the customer and initial shipping charges you paid will not be returned. You may ship the return package to us via desired shipping carrier. Make sure to keep your tracking information as we are not responsible for packages we do not receive. Returns must be shipped to the following address:
Mod Mountain Boutique
200 S. Wilcox Street #150
Castle Rock, CO 80104
Damages/Discrepancies: If any product you receive appears to be damaged, is missing, or does not match your order, please contact us within 5 days of receipt at firstname.lastname@example.org. After 5 days returns of damaged/defective items will not be accepted and will be considered wear and tear. Please open and inspect your package immediately upon receipt.
Jewelry: Jewelry is excluded from the above return policy; however, If there is a quality issue with the jewelry please reach out to us within 5 days of receiving your package. Otherwise, jewelry may not be returned.
Shoes: If returning shoes, the original shoe box and packaging must be returned intact. Do not place tape on the shoe box or use it as the shipping box. If the original packaging is damaged upon return, the shoes may not be eligible for return. Please package carefully.
Please contact us if you have any questions or concerns at email@example.com
Links to Third Party Sites/Third Party Services
modmountainboutique.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MMB and MMB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MMB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MMB of the site or any association with its operators.
Certain services made available via modmountainboutique.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the modmountainboutique.com domain, you hereby acknowledge and consent that MMB may share such information and data with any third party with whom MMB has a contractual relationship to provide the requested product, service or functionality on behalf of modmountainboutique.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MMB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MMB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MMB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MMB or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MMB has no obligation to monitor the Communication Services. However, MMB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MMB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MMB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MMB’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MMB does not control or endorse the content, messages or information found in any Communication Service and, therefore, MMB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MMB spokespersons, and their views do not necessarily reflect those of MMB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to modmountainboutique.com or Posted on Any MMB Web Page
MMB does not claim ownership of the materials you provide to modmountainboutique.com (including feedback and suggestions) or post, upload, input or submit to any MMB Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MMB, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MMB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MMB’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your MMB account to third party accounts. By connecting your MMB account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by MMB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MMB Content accessed through modmountainboutique.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MMB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MMB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MMB in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MMB agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
MMB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MMB as a result of this agreement or use of the Site. MMB’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MMB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MMB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MMB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MMB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MMB reserves the right, in its sole discretion, to change the Terms under which www.modmountainboutique.com is offered. The most current version of the Terms will supersede all previous versions. MMB encourages you to periodically review the Terms to stay informed of our updates.
MMB welcomes your questions or comments regarding the Terms: Mod Mountain Boutique, LLC 215 Wilcox Street Castle Rock, Colorado 80104
Email Address: firstname.lastname@example.org
Telephone number: 720-205-4275
Effective as of July 10, 2019
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, MMB may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Credit Card Information
If you purchase MMB’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through MMB’s public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
MMB collects and uses your personal information to operate its website(s) and deliver the services you have requested.
MMB may also use your personally identifiable information to inform you of other products or services available from MMB and its affiliates.
Sharing Information with Third Parties
MMB does not sell, rent or lease its customer lists to third parties.
MMB may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to MMB, and they are required to maintain the confidentiality of your information.
MMB may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MMB or the site; (b) protect and defend the rights or property of MMB; and/or (c) act under exigent circumstances to protect the personal safety of users of MMB, or the public.
Tracking User Behavior
MMB may keep track of the websites and pages our users visit within MMB, in order to determine what MMB services are the most popular. This data is used to deliver customized content and advertising within MMB to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by MMB. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MMB website.
The MMB website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize MMB pages, or register with MMB site or services, a cookie helps MMB to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same MMB website, the information you previously provided can be retrieved, so you can easily use the MMB features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the MMB services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
MMB does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, MMB may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from MMB, you may opt out of such communications by clicking on the unsubscribe button or by emailing us at email@example.com.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
MMB welcomes your questions or comments regarding this Statement of Privacy. If you believe that MMB has not adhered to this Statement, please contact MMB at:
Mod Mountain Boutique, LLC
200 S. Wilcox #150
Castle Rock, Colorado 80104
Email Address: firstname.lastname@example.org
Telephone number: 720-205-4275