Our terms and conditions (“Terms”) are really important. This is a legal document. It is an agreement between you, our customer (“you”), and Modropy, d.b.a. for Axotic Capital Corp. (“Modropy”), and it describes how we work, what we do and how we work to protect you. It also tells you about your rights, obligations, accountability and liability. Please be sure to read and familiarize yourself with these Terms.
As a preliminary matter, you agree that you are a natural person over the age of eighteen. You agree that you may legally enter into this Agreement.
Modropy’s products and services (“Products”) are for your personal, non-commercial use.
We have the right, in our sole discretion, to terminate any customer relationship and to delete corresponding Personal Information, block any IP address or otherwise suspend or terminate access for any reason, including, without limitation, for failure to comply with the Terms, for concerns related to fraud or misuse, etc.
Communication and Email Agreement
You understand and agree that by entering into a customer relationship with us that you are entering into a relationship pursuant to which we may contact you from time to time. You hereby consent to ongoing email communication with regard to your account, products, notifications, discounts and periodic reminders.
You understand and agree further that certain circumstances and/or account types may require other forms of communication, including via postal service or telephonic, and in that event, request and hereby consent to our contact through any means necessary.
Hyperlinks and Referrals
We do our best to provide referrals and links to valuable third party services. Nevertheless, we have no control over such websites and resources and you acknowledge that we are not responsible for the availability of such websites or third parties, or the quality of their services. We do not specifically endorse and are not responsible or liable for any content, advertising, products or materials available from such websites or resources. We disclaim all liability for losses or damages arising out of your communications or dealings with third party businesses, advertisers, other customers and other entities and individuals, although we reserve the right to monitor disputes involving our customers, referrals, vendors, and other third parties.
No Charitable Solicitations
You understand and agree that the products and services offered by Modropy are related solely to the sale of apparel. Modropy maintains agreements with certain non-profits (charities) and has agreed to provide a $6 from the sale of each item of apparel to such organizations.
Sales and Refund Policy
All sales are in US dollars. Modropy may accept any form of payment that it, in its discretion, agrees to accept, and Modropy reserves the right in its sole discretion to accept or reject customers or orders for any reason. All transactions are in US dollars and Modropy may add to transaction costs for shipping, handling, taxes, customs and other expenditures indicated to the customer or, when determined, which are provided. You are responsible for assuring that any merchandise can be lawfully imported to the destination country and that the recipient is the importer of record and will comply with all laws and regulations of the destination country. The recipient of an international shipment may be subject to import taxes, duties and fees and all such expenses shall be borne by the recipient.
You understand that the actual color of the merchandise will vary from that of your monitor and we cannot guarantee that your monitor’s display will accurately represent the actual color of the merchandise.
We are not able to guarantee that Modropy merchandise is allergy-free. You agree to hold us harmless from any allergic or other reactions or illnesses caused by the merchandise.
You may not return your merchandise unless the product is defective. Modropy does not guarantee the exchange or credit for a defective item beyond 30 days. If the merchandise is received damaged with an stain, rip, or tear and the item is returned within 30 days of receipt Modropy will consider an exchange or refund in store credit. In the case of a refund, customer will not receive the eight dollars that was donated from their purchase. Please contact Modropy for refund instructions.
Due to the fact that Modropy’s merchandise is all limited edition and printed to order, we do not keep a stock of any past shirts. Therefore, exchanges will not be granted if you order the wrong size. Make sure you thoroughly research, check, double check, and ask plenty of questions to make sure that you are ordering the correct fit. If returning or exchanging an item, all items must be unused, clean, odor free and include the original packaging. Clothing must be clean and unwashed with all tags.
Contests, Blogs, Comments, Forums, Chats and Other Forms of Interactive Communication
Different communication forms, contests and other programs, including but not limited to contests, blogs, comments, forums, chats and so forth, as well as systems or interfaces provided by or through Modropy, may have terms and conditions applicable so such contest, communication, interface or program. You agree to comply with all terms and conditions related to such interaction or access. In connection with any communications posted by you, you agree that you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
1. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, or objectionable;
2. Material that promotes illegal drug use, illegality, tobacco or firearm use;
3. Material constituting, encouraging or related to a criminal offense or which may violate any applicable law, rule or regulation;
4. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual property or right of another;
5. Material using the name or likeness of another without permission, or asserting affiliation with another;
6. Unsolicited advertising or links to another commercial site;
7. Personal or private information of yourself or someone else;
8. Viruses, corrupted data or other harmful, disruptive or destructive file;
9. Material unrelated to the business of Modropy or inconsistent with the good will of Modropy
Modropy takes no responsibility for user generated content posted, stored or uploaded by any third party.
Disclaimers and Limitations of Liability
Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with any product or service purchased by you from us in the twelve months prior to the action giving rise to the liability, or (ii) US$100.00. You agree that any action arising out of or related to our products or services must commence within one year after the cause of action accrues, or otherwise such cause of action shall be permanently barred.
We shall not be responsible for the performance of our services in the event of an occurrence beyond our control. Without limiting the generality of the foregoing, force majeure occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the prolonged failure of electricity or other vital utility service.
If there is any claim or dispute about or involving the Service, you agree that the claim or dispute will be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state of California and County of Orange County, California, and you agree to waive any and all objections to jurisdiction and to venue. You agree that any controversy or claim between or among us hereto including but not limited to those arising out of or relating to any Service, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the American Arbitration Association unless both of us agree in writing to mediate the dispute prior to submitting to binding arbitration. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this agreement applies in any court having jurisdiction over such action. The party that requests arbitration has the burden to initiate the arbitration proceedings pursuant to and by complying with the Rules of the American Arbitration Association and shall pay all associated administrative and filing fees. The Services are controlled and offered by us in the United States and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.