Website Conditions of Use

Conditions of Use

Welcome to Modumetal.com. Modumetal, INC ("Modumetal") provide website features and other products and services to you when you visit or shop at Modumetal.com, use Modumetal products or services (collectively, "Modumetal Services"). Modumetal provides the Modumetal Services subject to the following conditions.

By using Modumetal Services, you agree to these conditions. Please read them carefully.

If these Conditions of Use are inconsistent with the Terms and Conditions of Sale, those Terms and Conditions of Sale will control.

COPYRIGHT

All content included in or made available through any Modumetal Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Modumetal or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Modumetal Service is the exclusive property of Modumetal and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Modumetal Service are trademarks or trade dress of Modumetal in the U.S. and other countries. Modumetal's trademarks and trade dress may not be used in connection with any product or service that is not Modumetal’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Modumetal. All other trademarks not owned by Modumetal that appear in any Modumetal Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Modumetal.

PATENTS

One or more patents owned or licensed by Modumetal apply to the products and services made available via the Modumetal Services. 

USER CONTENT 
Modumetal appreciates comments from our customers. However, any ideas you disclose to us shall be deemed the property of Modumetal. Modumetal is free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. Modumetal reserves the right to regulate all content provided by third parties, but we are not responsible for that content. When participating in interactive portions of any Modumetal Service, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (i) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (ii) you will not upload viruses or harmful components; (iii) you will not use any Modumetal Service to further any unlawful purpose or to violate the rights of any person or entity; and (iv) you will not provide content for a commercial purpose. 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Modumetal or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use of the Modumetal Services. This license does not include any resale of any Modumetal Service.  All rights not expressly granted to you in these Conditions of Use or any Terms of Sale are reserved and retained by Modumetal or its licensors, suppliers, publishers, rightsholders, or other content providers. No Modumetal Service, nor any part of any Modumetal Service, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Modumetal. You may use the Modumetal Services only as permitted by law. The licenses granted by Modumetal terminate if you do not comply with these Conditions of Use or any Terms of Sale.

YOUR ACCOUNT

If you use any Modumetal Service, 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. Modumetal reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

RISK OF LOSS

All items purchased from Modumetal are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Modumetal does not take title to returned items until the item arrives at our Northlake Head Quarters (1443 N. Northlake Way, Seattle, WA 98103). At our discretion, a refund may be issued without requiring a return. In this situation, Modumetal does not take title to the refunded item

PRODUCT DESCRIPTIONS

Modumetal attempts to be as accurate as possible. However, Modumetal does not warrant that product descriptions or other content of any Modumetal Service is accurate, complete, reliable, current, or error-free. If a product offered by Modumetal itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Prices quoted are based on the price at the time of quotation and are subject to change without notice. Clerical errors are subject to correction without liability.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MODUMETAL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MODUMETAL SERVICES ARE PROVIDED BY MODUMETAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MODUMETAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MODUMETAL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MODUMETAL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MODUMEAL SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODUMETAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODUMETAL DOES NOT WARRANT THAT THE MODUMETAL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MODUMETAL SERVICES, MODUMETAL'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MODUMETAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODUMETAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MODUMETAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MODUMETAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Modumetal Service, or to any products or services sold or distributed by Modumetal or through Modumetal.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

APPLICABLE LAW

By using any Modumetal Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Modumetal.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Modumetal reserves the right to make changes to our site, policies, Terms of Sale, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to Modumetal Services.