TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on GoModernUSA.com, which take effect when we post them. By continuing to access or use GoModernUSA.com after any such amendment, you agree to be bound by the terms of the amended Agreement.

A Note about Minors

GoModernUSA.com is not targeted towards, nor intended for use by anyone under the age of 18. By using the GoModernUSA.com web site you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use access or register for GoModernUSA.com. We reserve the right to terminate your, if any, membership, or refuse to ship merchandise in the event that GoModernUSA.com becomes aware you are under 18.

Copyrights

All content available on the GoModernUSA.com web site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by GoModernUSA.com, with all rights reserved, or is the property of GoModernUSA.com, or third parties protected by intellectual property rights.

Trademarks

All trademarks, service marks and trade names of GoModernUSA.com used in the site are trademarks or registered trademarks of GoModernUSA.com.

Typographical Errors

GoModernUSA.com continually reviews the content of this site for errors or omissions. Occasionally, however, there may be an error in the information or pricing of our products. We know that correct and timely information is an important concern of our customers. If an order is processed with a wrong price, GoModernUSA.com will honor this order as long as it is priced within 20% of the actual price, unless we notify you of this error within 3 business days of the purchase date.

In the event that there was an error in pricing of more than 20% or in instances where we notify you about the error within three (3) business days, you will have the option of canceling your order or keeping the order by changing it to the correct pricing. If you choose to cancel your order, we will immediately credit your charge card account. GoModernUSA.com will also notify you if other information about a product you have ordered is incorrect; you will have the option of canceling your order at this time.

No Liability on Product

GoModernUSA.com continually works with our manufacturers to provide you with the best products and value. GoModernUSA.com does not manufacture any of the products on our site and cannot be liable for any direct, indirect or punitive damages arising out of or in connection with the use or performance of any of the products available on this site. You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.

If any provision of this agreement is held to be unenforceable, then such provisions shall be modified or eliminated to the extent necessary so that such provisions and all other provisions of this agreement shall be enforceable.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, GoModernUSA.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GoModernUSA.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GoModernUSA.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

GoModernUSA.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if GoModernUSA.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term | Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GoModernUSA.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of GoModernUSA.com products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GoModernUSA.com products) must be commenced within one (1) year after the claim or cause of action arises. GoModernUSA.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GoModernUSA.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Governing Law/Arbitration

This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or furnishingschina.com shall be settled by binding arbitration in Dade County, Florida in accordance with the American Arbitration Association’s commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party’s claim. Each of us may conduct discovery. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator’s award shall not be appealable or reviewable except as permitted by Florida law. However, (a) each of us may seek interim relief from a Dade County, Florida court to protect the party’s rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Integration

This Agreement constitutes the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

Indemnification

You agree to indemnify, defend, and hold harmless GoModernUSA.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, GoModernUSA.com may link to sites operated by third parties. However, even if the third party is affiliated with GoModernUSA.com, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GoModernUSA.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GoModernUSA.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
GoModernUSA.com takes many precautions, and makes a firm commitment to protect your privacy and security. This policy may be subject to changes without notice. So please check the latest version periodically.

PRIVACY POLICY

Because we value you as a customer we will not rent, sell, or make available in any other way
email addresses outside of GoModernUSA.com. GoModernUSA.com may collect and store personally identifiable information about persons who visit this site and voluntarily submit information in contacting GoModernUSA.com. GoModernUSA.com may also collect and store aggregate or anonymous information about user contact with and use of the site. In addition, at times, we may send your Web browser a “cookie”, a small data file that’s stored in your hard drive, to help us provide you with customized services. We do not use cookies to retrieve personal information from your computer. We may use the information to contact you about our products and services or those of our clients from time to time.

In general, we do not sell your personally identifiable information to third parties or mass marketers. For example, we will not sell another company your name or email address. Unless you consent to the disclosure of your personally identifiable information, only we and our affiliates, our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality, or provide associated services have access to this information, and we require them to agree that they are covered by this policy. Please note that we do reserve the right to transfer your personally identifiable information and other information to our successors in business and purchasers of site assets.

Links

The GoModernUSA.com website contains links to other sites. GoModernUSA.com is not responsible for the privacy practices of these sites. We recommend users read the privacy statements of each website.

Privacy Precautionary Warning

Please note that we reserve the right to access and/or disclose the user information discussed herein (including personal information) as required by courts and/or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of law or our Terms of Use or all other policies.

Consent

By using our Site, you consent to the collection, use, and storage of your personal and non-personal information as described in this policy. You further authorize its storage and use as specified in this policy when you provide such information to us.

Security

In the course of using the GoModernUSA.com web site we may ask you for your e-mail address, postal address, telephone number and your credit card information (if you place an order).

Information obtained at our site is encrypted to ensure your security. Our online payment processing uses industry-standard, SSL (Secure Sockets Layer) technology to ensure that your information is encrypted. We do not and will not further access any credit card information you provide. Your credit information will not be shared with any company outside of GoModernUSA.com and will be used for the sole purpose of processing your order.

Notice

This policy may be subject to changes without notice. So please check the latest version periodically.

Governing Laws

GoModernUSA.com has its headquarters in Miami, Florida. This site, as well as these rules is subject to the laws of the State of Florida and the USA, regardless of the location of the user, and any claims of any kind related thereto must be filed in the courts located in Dade County and State of Florida.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:

Go Modern Inc.
3390 NW 158 Street
Miami, Florida 33056
or
privacy@GoModernUSA.com

Last revised: March 10, 2012