Terms & Conditions
Welcome to the Modern Engine, inc. (modernengine.com) web site (the "Site"). modernengine.com provides the services/products available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing and using the Site, you are acknowledging that you have read, understood, and accept, without limitation or qualification, to be bound by these Terms and Conditions.
2. Product Descriptions
modernengine.com attempts to be as accurate as possible when describing products; however, neither modernengine.com nor the Site Brands warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free.
3. Intellectual Property
All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content") is the property of modernengine.com, the Site Brands, or their respective content suppliers and technology and service providers ("Providers"), and is protected by United States and International copyright laws. The compilation of all content on this Site is the exclusive property of modernengine.com and protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered marks of modernengine.com, the Site Brands, or certain third parties in the United States and other countries. All other trademarks not owned by modernengine.com or the Site Brands that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by modernengine.com or the Site Brands.
Except as set forth in the limited license in Section 4 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of modernengine.com.
4. Limited License
modernengine.com grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note, however, that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without modernengine.com's prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.
5. Your Account
If you use the 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. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the Site. modernengine.com and the Site Brands reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion.
6. Third Party Links
modernengine.com, the Site Brands and the Providers are not responsible for the content of any off-Site pages or any other sites linked to the Site. Links appearing on the Site are not an endorsement by modernengine.com or the Site Brands of the referenced content, product, service, or supplier. Your linking to or from any other off-Site pages or other sites is at your own risk. modernengine.com, the Site Brands and the Providers are not in any way responsible for examining or evaluating, the offerings of off-Site pages or any other sites linked to the Site, do not warrant such offerings of such pages or sites, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites. modernengine.com, the Site Brands and the Providers shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
7. Unsolicited Idea Submission
You acknowledge and agree that modernengine.com and the Site Brands are free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without compensation to you.
This Site is not intended for children under the age of 18.
9. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." NEITHER MODERNENGINE.COM NOR THE SITE BRANDS OR ANY OF THE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT NEITHER MODERNENGINE.COM NOR THE SITE BRANDS OR ANY OF THE PROVIDERS WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, NEITHER MODERNENGINE.COM NOR THE SITE BRANDS OR ANY OF THE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MODERNENGINE.COM, THE SITE BRANDS AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MODERNENGINE.COM AND THE SITE BRANDS' AND THE PROVIDERS' MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification of modernengine.com and modernengine.com Brands
You agree to defend, indemnify and hold harmless modernengine.com, the Site Brands and the Providers for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the Site.
With respect to any dispute over the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of California. Any dispute relating in any way to your visit to modernengine.com or to products you purchase through modernengine.com shall be submitted to confidential arbitration in California, California, except that, to the extent you have in any manner violated or threatened to violate modernengine.com, the Site Brands' or any of the Providers' intellectual property rights, modernengine.com, the Site Brands or the Providers, as the case may be, may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be c onducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
modernengine.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. modernengine.com may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the you and modernengine.com or the Site Brands. The failure of modernengine.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by modernengine.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. modernengine.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of modernengine.com as reflected in the origin al provision.
If you have any questions regarding these Terms and Conditions, please contact firstname.lastname@example.org.
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:
Pricing Information. Current prices for the products available on the Site may be obtained by going to the Site Brands' pricing schedules. The Site Brands reserve the right to change their prices at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.