Terms of Service
Last Updated: 08/31/2024
Welcome
This site is brought to you by Modern Porch Co. Whenever you see “we,” “us,” "Modern Porch Company," or “our,” we’re talking about Modern Porch Co. We provide this website, along with all the information, tools, and services available here, for you—the user—on the condition that you accept all the terms, conditions, policies, and notices we’ve laid out.
By visiting our site or purchasing something from us, you’re engaging in our “Service” and agreeing to be bound by these Terms of Service (“Terms”). These terms apply to all users, whether you’re just browsing, buying, selling, or contributing content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you don’t agree, please do not use our site or services. If these Terms are considered an offer, your acceptance is limited to these Terms.
Any new features or tools added to our store will also be covered by these Terms. You can always find the latest version of our Terms of Service on this page. We may update or change these Terms, and it’s your responsibility to check back occasionally. Continuing to use our website after changes are posted means you agree to the new terms.
Our store is powered by Shopify Inc., which provides us with the e-commerce platform that lets us sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms, you confirm that you’re at least the legal age of majority in your state or province of residence, or that you are of legal age and have given us consent to allow your minor dependents to use this site.
You can’t use our products for illegal or unauthorized purposes, nor can you break any laws in your use of the Service (including copyright laws).
You must not transmit any destructive code like worms or viruses.
Any breach of these Terms will result in immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks or changes to meet technical requirements of connected devices or networks. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without our express written permission.
The headings in this agreement are included for convenience only and won’t affect the interpretation of these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We’re not responsible if the information on this site isn’t accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. You should consult primary, more accurate, more complete, or more timely sources of information. Any use of the material on this site is at your own risk.
This site may contain historical information, which is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree it’s your responsibility to monitor changes on our site.
4. Modifications to the Service and Prices
Prices for our products may change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time.
We won’t be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Products or Services (if applicable)
Some products or services may only be available online through the website. These items may have limited quantities and are subject to return or exchange only according to our Return Policy.
We’ve tried to display the colors and images of our products as accurately as possible. We can’t guarantee that your monitor’s display will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We don’t guarantee that the quality of any products, services, or other material you purchase will meet your expectations, or that any errors in the Service will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, credit card, or billing/shipping address. If we make a change or cancel an order, we may try to notify you using the email, billing address, or phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, like your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
7. Optional Tools
We may provide access to third-party tools that we don’t monitor or control.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We won’t have any liability related to your use of these third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and approve of the terms on which these tools are provided by the third-party provider(s).
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services will also be subject to these Terms.
8. Third-Party Links
Some content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that aren’t affiliated with us. We aren’t responsible for examining or evaluating the content or accuracy, and we don’t warrant and won’t have any liability or responsibility for any third-party materials or websites.
We aren’t liable for any harm or damages related to the purchase or use of goods, services, resources, or any other transactions made through third-party websites. Please review the third party’s policies and practices carefully, and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions about third-party products should be directed to the third party.
9. User Comments, Feedback, and Other Submissions
If you send us specific submissions (like contest entries) or creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by postal mail, or otherwise (collectively, ‘comments’)—you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us. We’re not obligated to (1) keep any comments confidential, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but aren’t obligated to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments won’t violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments won’t contain libelous or unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here.
11. Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you’ve submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions outlined in these Terms of Service, you’re prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We don’t guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We don’t warrant that the results obtained from using the service will be accurate or reliable.
You agree that we may remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Modern Porch Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions don’t allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Modern Porch Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.
16. Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If we suspect you’ve failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you’ll remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
17. Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us, governing your use of the Service, and superseding any prior agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It’s your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms of Service should be sent to us at support@modernporchco.com.
