Terms and Conditions of Use
By using our website and services, you agree to the following terms
Last updated: March 3, 2019
We are in the business of providing products and services that support healthy living and wellness across the world.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use our Web site.
https://modernsmartdevices.com may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at Modernsmartdevices.com’s sole discretion and without prior notice or liability. You agree that https://modernsmartdevices.com may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site. Cause for such measures shall include, without limitation:
b) discontinuance or material modification to the Web Site
c) unexpected technical or security issues or problems
d) extended periods of inactivity, and/or
e) engagement by you in fraudulent or illegal activities.
You further agree that such measures shall be taken in https://modernsmartdevices.com sole discretion and without liability to you or any third party.
Acceptance of our Terms
1. As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
2. You agree to use the Site or Services solely for your own private and internal purposes. You agree that:
a. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
b. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Modernsmartdevices.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from https://modernsmartdevices.com is prohibited.
3. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
5. https://modernsmartdevices.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web site. You are cautioned to read such web site’ terms and conditions and/or privacy policies before using the Site. You acknowledge that https://modernsmartdevices.com has no control over such third parties’ web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
6. You agree not to undertake any action to undermine the integrity of the computer systems or networks of https://modernsmartdevices.com and / or any other User nor to gain unauthorized access to such computer systems or networks.
7. You agree not to undertake any action which may undermine the integrity of https://modernsmartdevices.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
8. By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to https://modernsmartdevices.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to https://modernsmartdevices.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to https://modernsmartdevices.com that you have all the rights, power and authority necessary to grant the above license.
User And Member Accounts
1. You may visit our Site without registering. However, in order to buy any of our products or use any of our services you will be required to register for an account. User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Modernsmartdevices.com‘s approval, one User may only register one member account on the Site. https://modernsmartdevices.com may cancel or terminate a User’s member account if https://modernsmartdevices.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, https://modernsmartdevices.com may reject User’s application for registration for any reason.
2. Upon registration on the Site, https://modernsmartdevices.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User and Member during registration) to each registered User and Member. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
3. In our discretion, we may maintain different accounts for different types of Users and Members. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf. By connecting to https://modernsmartdevices.com with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Modernsmartdevices.com.
4. A set of Member ID and password is unique to a single account. You as a member shall solely be responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. You not may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify https://modernsmartdevices.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
5. Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
6. Member acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to https://modernsmartdevices.com or other Users of the Site. Member shall indemnify Modernsmartdevices.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, https://modernsmartdevices.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
Buyers and Sellers: Transaction Risk
1. There are still some risks of dealing with people acting under false pretenses on the site. https://modernsmartdevices.com continuously uses several techniques to verify the accuracy of certain information our Users and members provide us when they register. However, because user verification on the Internet cannot be hundred percent confirmed, we urge you to be cautious and use various means, as well as common sense, when you are interacting on the site.
2. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that https://modernsmartdevices.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. At last, all of the products display on Modernsmartdevices.com, will meet the legitimate demands of compliance.
3. User agrees to provide all information and materials as may be reasonably required by https://modernsmartdevices.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. https://modernsmartdevices.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
4. RIGHT OF CANCELLATION: Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you receive the goods purchased or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).You must send your communication before the 14 days’ cancellation period has expired and return the item.
EXCEPTIONS TO THE RIGHT OF CANCELLATION: The right of cancellation does not apply to:
• The delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items
• The delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery
• The supply of goods made to your specifications or clearly personalized
• The supply of goods which may deteriorate or expire rapidly
• The supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started
• The delivery of newspapers, journals or magazines with the exception of subscription contracts
For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify https://modernsmartdevices.com in the event
(a) Your registration information changes, or
(b) You learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process.
https://modernsmartdevices.com may refuse to grant a particular username to you for any reason, including, without limitation, in the event https://modernsmartdevices.com determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Web Site contains information, software, photos, video, text, graphics, music, sounds or other material provided by https://modernsmartdevices.com or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. https://modernsmartdevices.com does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to https://modernsmartdevices.com a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
In the event you would like to remove your User Content from the Web Site, please contact Modernsmartdevices.com. Please note however, that your User Content may not be completely removed or may otherwise still be available to others in the following circumstances:
(a) your User Content has been incorporated into derivative works or compilations created by https://modernsmartdevices.com or other parties;
(b) such User Content has been retained in Modernsmartdevices.com’s data backup systems or for archival purposes; or
(c) to the extent such User Content has been sold to other persons and such persons retain your User Content.
The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because https://modernsmartdevices.com has no control over such web sites or resources, you acknowledge and agree that https://modernsmartdevices.com is not responsible for the availability of such external web sites or resources, and https://modernsmartdevices.com does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that https://modernsmartdevices.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.
https://modernsmartdevices.com may allow users to place Orders for products and/or services via the Web Site. “Order” shall mean any order placed by a user for products and/or services via the Web Site that is accepted by Modernsmartdevices.com. In the event that you are a user placing an Order to purchase products and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site to make payment. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that https://modernsmartdevices.com has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to https://modernsmartdevices.com the purchase price as set forth in the “Shopping Cart.” https://modernsmartdevices.com or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and https://modernsmartdevices.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, https://modernsmartdevices.com will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by https://modernsmartdevices.com and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the delivery method and service you select. https://modernsmartdevices.com does not guarantee delivery at any certain time and is not responsible for delivery delays.
In the event you purchase products that embody or otherwise contain Content owned by https://modernsmartdevices.com or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein:
(a) you may not resell any Content or otherwise profit from its use or display;
(b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content;
(c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and
(d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
In the event a product ordered by you is damaged upon receipt, Modernsmartdevices.com, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which https://modernsmartdevices.com will accept for return or refund include products that are missing, torn or physically damaged or inoperable.
Suggested Retail Price
Percent-off savings are calculated from Suggested Retail Price (SRP). https://modernsmartdevices.com provides these prices in a reasonable effort to demonstrate the relative value of products offered. Nevertheless, https://modernsmartdevices.com makes no claims to having sold products at Suggested Retail Price or that any party has sold products at that price. Due to manufacturer’s restrictions, certain items are excluded from some sale.
You hereby represent and warrant to https://modernsmartdevices.com that:
(i) are over the age of eighteen (18),
(ii) are an emancipated minor under the laws of your state of domicile and/or residence or
(iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement;
(b) all information provided by you to https://modernsmartdevices.com is truthful, accurate and complete;
(c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to https://modernsmartdevices.com or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site;
(e) you have provided and will maintain accurate and complete registration information with Modernsmartdevices.com, including, without limitation, your legal name, address, email address, and any other information https://modernsmartdevices.com may reasonably require;
(g) you will immediately notify https://modernsmartdevices.com in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to Modernsmartdevices.com:
(1) you are owner of such User Content or otherwise have the right to grant https://modernsmartdevices.com the licenses granted pursuant to this Agreement;
(2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses;
(3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personal identifiable information about third parties in violation of such parties’ rights;
(4) the use of any User Content will not result in harm or personal injury to any third party; and
(5) all factual information contained in the User Content is true and accurate.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service:
(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Materials that could be harmful to minors;
(c) engaging in activity or submitting Materials that harasses or advocates harassment of another person;
(d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent;
(e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting Materials that contain restricted or password only access pages, or hidden pages or images;
(g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware,
(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
(l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in https://modernsmartdevices.com or for any other unauthorized purpose without our prior written consent;
(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
(n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or
(o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers.
In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
Forums, Blogs And Comments Areas
We offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. https://modernsmartdevices.com does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold https://modernsmartdevices.com responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. https://modernsmartdevices.com does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Representations and Warranties and Indemnification
You hereby represent and warrant that:
(a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service,
(b) the Materials are accurate, current and complete,
(c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights,
(d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person;
(e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Modernsmartdevices.com, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to:
(a) the Materials you provide or approve for publication,
(b) your use of the Service,
(c) your breach of these Terms of Service, or
(d) any actual, prospective, completed or terminated service between you and a third party.
Disclaimers and Limitations
https://modernsmartdevices.com intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, https://modernsmartdevices.com may make changes and improvements to the information provided herein at any time.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” https://MODERNHEALTHDEVICES.COM AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF MODERNHEALTHDEVICES.COM’S SERVICE IS AT YOUR OWN RISK. https://MODERNHEALTHDEVICES.COM AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MODERNHEALTHDEVICES.COM’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH MODERNHEALTHDEVICES.COM, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF https://MODERNHEALTHDEVICES.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY https://MODERNHEALTHDEVICES.COM ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND https://MODERNHEALTHDEVICES.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, https://MODERNHEALTHDEVICES.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; https://MODERNHEALTHDEVICES.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND https://MODERNHEALTHDEVICES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT https://MODERNHEALTHDEVICES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF https://MODERNHEALTHDEVICES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, THE USER CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, THE USER CONTENT OR THE PURCHASE OF https://MODERNHEALTHDEVICES.COM’S PRODUCTS OR SERVICES. IN NO EVENT SHALL https://MODERNHEALTHDEVICES.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, SELLING OR PURCHASING CONTENT OR https://MODERNHEALTHDEVICES.COM’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY https://MODERNHEALTHDEVICES.COM FOR PROVIDING THE SERVICES.
4. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to https://modernsmartdevices.com ‘s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from https://modernsmartdevices.com or through or from the Site shall create any warranty not expressly stated herein.
5. Each User hereby agrees to indemnify and save Modernsmartdevices.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Modernsmartdevices.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Modernsmartdevices.com, including but not limited to those set forth in Section 6 hereunder.
6. Each User hereby further agrees to indemnify and save Modernsmartdevices.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that https://modernsmartdevices.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. https://modernsmartdevices.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with https://modernsmartdevices.com in asserting any available defenses.
7. https://modernsmartdevices.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
• the use or the inability to use the Site or Services
• any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site
• unauthorized access by third parties to data or private information of any User
• statements or conduct of any User of the Site
• any matters relating to Services however arising, including negligence.
8. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not https://modernsmartdevices.com has been advised of or should have been aware of the possibility of any such losses arising.
https://modernsmartdevices.com uses reasonable efforts to maintain the Web Site, but https://modernsmartdevices.com is not responsible for any defects or failures associated with the Web Site or any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which https://modernsmartdevices.com may undertake from time to time, or (c) causes beyond the control of https://modernsmartdevices.com or which are not foreseeable by Modernsmartdevices.com. In addition, https://modernsmartdevices.com makes no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
https://modernsmartdevices.com is not a backup service for storing User Content, and https://modernsmartdevices.com shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE, ANY USER CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. https://MODERNHEALTHDEVICES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, https://MODERNHEALTHDEVICES.COM MAKES NO WARRANTY THAT THE WEB SITE, ANY USER CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY USER CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY USER CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to defend, indemnify and hold harmless Modernsmartdevices.com, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with:
(a) your access to or use of the Web Site
(b) any User Content you post via the Web Site
(c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement
(d) infringement or misappropriation of any intellectual property or other rights or third parties by you
(e) any negligence or willful misconduct by you
(f) any other claim related to your performance under this Agreement, or
(g) any services or products provided by Modernsmartdevices.com.
Errors And Delays
https://modernsmartdevices.com is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Subscriptions and Payment
After browsing our web site you may be interested in purchasing some of our products and services. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. You must agree with their terms and conditions before paying for any of our products.
https://modernsmartdevices.com offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the https://modernsmartdevices.com members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel by the end of the year, you will be automatically billed for the next year.
We offer refunds to any unsatisfied customer up to thirty (14) days after the purchase was made. If you would like your money back, simply send us an email at support@ https://modernsmartdevices.com with a description of your problem and request for a refund.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
https://modernsmartdevices.com reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from https://modernsmartdevices.com at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to Modernsmartdevices.com. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the https://modernsmartdevices.com emails.
https://modernsmartdevices.com reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. https://modernsmartdevices.com shall have no liability to you or any third party should https://modernsmartdevices.com modify or discontinue any service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of https://modernsmartdevices.com Service, to the goods or services provided by Modernsmartdevices.com, or to any acts or omissions for which you may contend https://modernsmartdevices.com is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Johnson County, Kansas, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Kansas, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Kansas. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND https://MODERNHEALTHDEVICES.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND https://MODERNHEALTHDEVICES.COM ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and https://modernsmartdevices.com otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against Modernsmartdevices.com, and https://modernsmartdevices.com shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to https://modernsmartdevices.com which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that https://modernsmartdevices.com has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies https://modernsmartdevices.com may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
https://modernsmartdevices.com makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
https://modernsmartdevices.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Modernsmartdevices.com’s Copyright Agent the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All contents of the Service are copyrighted © 2018 Modernsmartdevices.com. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Teledoc Express, Inc. Other product and company names may be trademarks or service marks of their respective owners.
Please contact Modernsmartdevices.com’s Copyright Agent for Notice of Claims of copyright infringement via site feedback at: firstname.lastname@example.org.
Agreement to Terms
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
Modified Date: March 3, 2019
Effective Date: June 8, 2017