Last Updated: October 1

Introduction

Welcome to the Modern Twig website! Modern Twig, Inc. (“Modern Twig”) provides doors and other home products for consumers looking to create a kitchen and home that is distinctively their own. We do this by offering alternative doors and products that accentuate and compliment modular cabinet systems.  

“COMPANY” refers to Modern Twig, and its affiliates, which shall mean its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, its websites, and/or social media pages. Modern Twig may also be referred to in this policy as “we,” “our” or “us”.

We provide these Terms of Service (hereinafter “Terms of Service” or “Terms”) to inform You, the User, about the procedures and policies that govern Your access to and use of our services, websites and/or social media pages (hereinafter collectively referred to as “Services”), and any information, photos, text, graphics, or other materials appearing on the Services (hereinafter collectively referred to as “User Content” or “Content”). Your access to and use of our Services is expressly conditioned on Your acceptance of and full compliance of these Terms. By accessing or using the Services You agree to be bound to these Terms, regardless of the country that You reside in or from where You create information.

You, the User, are solely responsible for Your use of the Services, for any User Content You post to the Services, and for any consequences that may ensue thereafter. You should only provide User Content that You are comfortable sharing with others under these Terms. In other words, other Users may search for, see, use, or share any of Your User Content that You make available through the Service, consistent with the terms of these Terms and our Privacy Policy (collectively, “our Policy”). Our Policy applies to all users and others who access the Services (“Users”).

Your use of the Services is expressly conditioned on whether You can form a binding contract with Modern Twig and that You are not a person barred from receiving services under the laws of the United States of America or any other applicable jurisdiction for any reason whatsoever. Your acceptance of these Terms requires that You may use the Services only in strict compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If You have any questions regarding these Terms or our Services, please contact us at hello@moderntwig.com.

Arbitration Notice: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MODERN TWIG, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Changes to these Terms; Suspension of the Services

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms at any time without prior notice to You. The most current version of these Terms will always be at  https://www.moderntwig.com/terms-of-service. The most current version of the Terms will govern our relationship. If we make a change to these Terms that, in our sole discretion, is material, we will notify You via e-mail associated with your account or in any other reasonable manner that we deem fit. By continuing to access or use the Services after those changes become effective, whether or not You are notified of immaterial changes, You agree to be bound by the revised Terms. We may also suspend the Services, temporarily or permanently, with or without prior notice to You. We also retain the right to create limits on use and storage at our sole discretion, at any time, with or without prior notice to You.

Privacy and the Protection of Your Personal Information

Any information that You provide to us is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of Your information. By using the Services, You agree to be bound to the terms of the Privacy Policy.

Passwords

You are solely responsible for safeguarding the password that You use to register to use and access the Services and for any activities or actions that occur under Your password-protected account. It is Your responsibility to maintain the currency, completeness, and accuracy of Your registration data and any loss caused by Your failure to do so is Your sole responsibility. You agree to notify us immediately of any discovered unauthorized use of Your account. We recommend You use passwords that contain a combination of numbers, symbols, upper and lower case letters. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the foregoing requirements. If You forgot Your password, click on the link in the sign-in screen to reset Your password. If at any time, You would like to change Your password, You may do so in the settings once You log in to the website.

Fees

Access to, and use of, the Services are currently free of charge. We reserve the right to charge a fee for access to or use of the Services in the future. Your current use of the Services, whether or not You are charged a fee for such use, shall not entitle You to use the Services without charge in the future.

Modern Twig’s Rights; User’s Rights for User Content

All right, title, and interest to the Services are and will remain the exclusive property of Modern Twig. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms will be construed as giving You a right to use the Modern Twig website, name or any of the Modern Twig owned trademarks, logos, domain names, and other distinctive brand features, including, but not limited to, all the intellectual property relating to the Modern Twig website; the Modern Twig stylized logos; the Modern Twig tagline; Modern Twig’s photos, videos, drawings, assets, copy, content, brochures, and digital collateral that appears on the Modern Twig website, social media, or mobile pages; the trademarks and copyrights associated with the Modern Twig website. Modern Twig is the owner of U.S. Trademark Applications Serial/Registration No. 5,066,664, filed in the US Patent and Trademark Office.

Notwithstanding any obligations or covenants contained in the Terms, any feedback or comments that You may provide to us regarding our Services is entirely voluntary and we retain the right to use such feedback or comments as we see fit, at our sole discretion, without any obligation to You. We retain the right to modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

By submitting, posting or displaying Content on or through the Services, or by providing Modern Twig with any information through the website or our social media pages, including participating in contests and giveaways; posting images, recommendations, quotes, plans and drawings; and participating in other programs offered by Modern Twig on the Modern Twig website or its social media, You grant us a worldwide, non-exclusive, royalty-free license, including the right to sublicense, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content and information in any and all media or distribution methods, whether now known or later developed. Notwithstanding the foregoing, we shall not sell any personally identifiable, non-aggregate information or any photos posted by Users, unless otherwise notified.

You are responsible for Your use of the Services, for any User Content You provide, and for any consequences thereof, including the use of Your User Content by other Users. You alone represent and warrant the accuracy of the User Content that You provide. We will in no way be liable for any consequences that result from the inaccuracy or any other defect of the User Content that You provide.

By virtue of these terms, we give You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by us as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.

We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

COMMUNICATIONS MAINTAINED BY THE SERVICES: WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Modern Twig OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Content Displayed or Used in the Services

Any and all User Content, whether publicly or privately posted, is the sole responsibility of the person who originated such User Content.  We cannot and will not take responsibility for any User Content posted, displayed, or used via the Services. Users can create any type of record as User Content. Any use or reliance on any User Content posted via the Services or obtained by You through the Services is at Your own risk.

We cannot and will not endorse, support, represent, nor guarantee the legality, completeness, truthfulness, accuracy, or reliability of any Content or material posted via the Services. You understand and acknowledge that by using the Services, You may be exposed to User Content that might be inaccurate, deceptive, libelous, slanderous, or otherwise inappropriate. Under no circumstances will Modern Twig be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Services.

Reporting Abuse

Users can report inappropriate content that does not follow our Terms of Service by contacting us at hello@moderntwig.com. Modern Twig will review all reports it receives. We only remove users, or content that are not following our Terms in our sole discretion and according to law. It’s important to remember that Modern Twig does not mediate disputes between Users of our Services. We reserve the right to remove or deactivate User accounts alleged to be engaging in any of the prohibited actions listed above, without prior notice and at our sole discretion. In appropriate circumstances, Modern Twig reserves the right to terminate a user’s account if the user is determined to be a repeat infringer.

Copyright Policy

Modern Twig respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged infringement of rights of privacy or publicity that comply with applicable law and are properly provided to us. If You believe that Your rights of privacy or publicity has been broached in any way, whether that involves another user impersonating You or using Your name, please email us at hello@moderntwig.com and provide us with the following information: (i) proof of identification in the form of a federally accepted form of identification; (iii) 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 user; (iv) Your contact information, including your address, telephone number, and an email address; (v) 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 rightful owner of the right to privacy and publicity, its agent, or the law; and (vi) 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 rightful owner. As mentioned above, we reserve the right to remove or deactivate user accounts alleged to be infringing, without prior notice and at our sole discretion. In appropriate circumstances, Modern Twig will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated agent for notice of alleged infringement appearing on the Services is:

 Modern Twig, Inc.

2300 Central Ave., Suite H

Duarte, CA 91010

Email: hello@moderntwig.com

Disclaimer of Warranties

SERVICES ARE AVAILABLE “AS-IS”. YOUR RELIANCE ON, USE OF, AND ACCESS TO THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED BY LAW, MODERN TWIG, INC.  DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. Modern Twig WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT Modern Twig HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODERN TWIG, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INACCURATE, MISLEADING, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Modern Twig HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU hereby release and forever waive any and all claims YOU may have against Modern Twig and its officers, directors, employees, parents, affiliates, agents, subsidiaries, MEMBERS, and successors–in-interest (collectively, “Modern Twig”) for losses or damages YOU sustain in connection with YOUR use of the Modern Twig Services.  YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF OR INABILITY TO USE THE Modern Twig SERVICES SHALL BE TO DISCONTINUE USE OF THE Modern Twig SERVICES. No claims, regardless of form, arising out of, or in any way connected with, these terms of service or the Modern Twig Services may be brought by You more than one (1) year after the cause of action has accrued.

Exclusions and Exceptions

Some jurisdictions do not allow the disclaimer, exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You. In such jurisdictions, Modern Twig’s liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Modern Twig, its subsidiaries, agents, distributors, affiliates, and their officers, directors, and employees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitations, reasonable attorney’s fees, resulting from Your breach of any provision of these Terms, the Privacy Policy, or any warranty You provide herein, or otherwise arising in any way out of Your use of the Services and any related Modern Twig Services and/or software. You agree to cooperate fully with Modern Twig in the assertion of any available defenses in connection with a claim subject to indemnification by You under these Terms.

Waiver and Severability

The failure of Modern Twig to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or Your state or country of residence law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Los Angeles County, California, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Arbitration; No Class Actions

Except if You opt-out or for disputes relating to: (1) Modern Twig’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) Your violations of provisions “Modern Twig’s Rights; User’s Rights for User Content,” above, You agree that all disputes between You and Modern Twig (whether or not such dispute involves a third party) with regard to Your relationship with Modern Twig, including without limitation disputes related to these Terms, Your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and Modern Twig hereby expressly waive trial by jury. As an alternative, You may bring Your claim in Your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on Your own behalf. Neither You nor Modern Twig will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Modern Twig is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Modern Twig or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

You may opt out of this agreement to arbitrate. If You do so properly, neither You nor Modern Twig can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within 30 days of the date that You first became subject to this arbitration provision. You must use this address to opt out:

Modern Twig, Inc.

2300 Central Ave., Suite H

Duarte, CA 91010

You must include Your name and residence address, the email address and username you use for Your Modern Twig account, and a clear statement that You want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of Your relationship with Modern Twig.

Copyright Information; Open Source Components

Users acknowledge that Modern Twig has used the following open source components in the development of the Services. The components and their respective copyright notices are listed below:

1. Shopify

2. WordPress