MODE REPUBLIC TERMS OF USE
INTRODUCTION TO END USERS
Welcome!
This Agreement governs your use of Mode Republic (the "Services", as further defined below). By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These Terms and Conditions apply to any use by you of the Services.
In addition to this document, in connection with your use of the Services, you are also agreeing to the Privacy Policy as well as the various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post on the Services or otherwise provide or make available to you from time to time, which are hereby incorporated by reference.
The Parties
Throughout this Agreement, the words "Mode Republic", "we", "us" or "our" mean, collectively, Mode Republic, Inc., a Delaware Corporation and all of its respective successors or assigns. "You" or "your " mean you, the individual End User who is using Mode Republic Services.
DESCRIPTION OF SERVICES
The "Services" shall mean all content, communications, features, products, and services available or otherwise used by you on or through the Mode Republic Site. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. You further agree that Mode Republic shall not be liable to you in any way due to the Services we provide.
SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser (for example, Apple Safari or Microsoft Internet Explorer).
You agree to keep your login, password, and access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services in without your consent or your accounts have been accessed without your permission), you must notify us immediately. (See YOUR RESPONSIBILITIES AND LIABILITIES below.)
We reserve the right to deny access to the Services or any part thereof, in order to maintain or restore security or performance to the Services or any other Servicess and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement in our sole discretion by posting a new version to the Services. You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which the changes in this Agreement relate. Your use of the Services after we make any changes will constitute your agreement to such changes.
YOUR RESPONSIBILITIES AND LIABILITIES
It is your sole responsibility to ensure that the contact information in your Mode Republic user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses and account numbers. Changes can be made in the My Accounts of the Mode Republic website.
TERMINATION AND MODIFICATION
We reserve the right to modify the Services in any way and/or terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
YOU AGREE TO HOLD MODE REPUBLIC HARMLESS FOR ANY DAMAGES YOU MAY INCUR BY USING MODE REPUBLIC. NONE OF THE ENTITIES COMPRISING MODE REPUBLIC OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY MODE REPUBLIC OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL MODE REPUBLIC'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
WARRANTY DISCLAIMER
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
MISCELLANEOUS
You may not assign this Agreement or your rights to the Services to any other party.
We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. This agreement shall be governed by the laws of the state of California. The parties hereby consent to the exclusive jurisdiction of the State and Federal Courts located in San Diego County, California.
