Terms and Conditions of Use
Last Updated: September 1, 2016
Welcome to Twist Modern!
Twist Modern, LLC “Twist Modern” and its affiliated brands provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites”) subject to your compliance with these Terms of and Conditions of Use.
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Twist Modern. In consideration of your use of and access to this Internet site (and the promises and obligations herein), and intending to be legally bound, you and Twist Modern hereby agree as follows: Your access to and use of the Sites is subject to these Terms, as well as any modifications issued by Twist Modern to these Terms, and all applicable laws and regulations. BY USING THE SITES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Sites.
Among other things, Twist Modern provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in Twist Modern in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Changes to Sites
You agree and understand that the Sites, including any and all features available via the Sites and any User Content (as defined below), may be modified by Twist Modern, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Sites implemented after your initial access to the Sites shall be subject to these Terms.
Changes to Terms
These Terms are effective until terminated by Twist Modern. Twist Modern may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Sites and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Twist Modern shall also have the right without notice and at any time to terminate the Sites or any portion thereof, or any products or services offered through the Sites, or to terminate any individual’s right to access or use the Sites or any portion thereof.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Sites, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Twist Modern may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Twist Modern in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Twist Modern or by third parties that have licensed their use to Twist Modern. You may view and use the Content only for your personal information and for shopping and ordering on the Sites, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Twist Modern does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Sites , including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Twist Modern, is strictly prohibited.
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and others users (“User Content“).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Twist Modern that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Twist Modern to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Twist Modern’s Acceptable Use Policy set forth below.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Twist Modern all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Twist Modern; (iv) impersonate any person or entity, including but not limited to, a representative of Twist Modern, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Twist Modern reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Links to Other Websites
You acknowledge that the Sites contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any information displayed on the Sites, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Sites.
Intellectual Property Infringement
From time to time we may rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Sites and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of patents, copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Sites, or items advertised on the Sites, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Sites. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Sites;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us for notice of claims of copyright or other intellectual property infringement at the following contact information:
TWIST MODERN and other marks which may or may not be designated on the Sites by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Twist Modern, LLC in the United States and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All prices displayed on the Sites are quoted in U.S. dollars. Twist Modern may restrict delivery to addresses within the United States. Twist Modern will add shipping and handling fees and applicable sales/use tax. Twist Modern reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Twist Modern without incurring any obligation to you. Products displayed on the Sites are available while supplies last. Descriptions of, or references to, products or services on the Sites do not imply endorsement of that product or service, or constitute a warranty by Twist Modern. The receipt by you of an order confirmation does not constitute Twist Modern’s acceptance of an order. Prior to Twist Modern ‘s acceptance of an order, verification of information may be required. Twist Modern reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Twist Modern, for any reason. Twist Modern reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Twist Modern shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Twist Modern shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Collection of Taxes
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Sites. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Sites, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Disclaimer and Limitation of Liability as to this Site and Content
TWIST MODERN MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. TWIST MODERN ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF TWIST MODERN. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL TWIST MODERN , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TWIST MODERN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your Twist Modern purchase. For policy and procedures regarding returns, please see our web site tab “Shipping and Returns”.
Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY TWIST MODERN ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, TWIST MODERN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, TWIST MODERN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON TWIST MODERN, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL TWIST MODERN , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SOTES , EVEN IF TWIST MODERN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TWIST MODERN’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Terms and Conditions of Sale:
At any time after the purchase, we can correct mistakes in pricing or arithmetic made in computing your purchase price. You must make any change of the delivery address or change in the order either in person, by telephone, or via the website and the change will be binding only if we confirm the change before delivery. Changes may delay the delivery date. We retain title to all furnishings until paid for in full. If we have to pay any monies or hire an attorney to collect payment from you we can recover from you all of our collection costs, including the fees of our attorney.
If you access the Sites from anywhere in the United States or Canada, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Twist Modern, LLC.
If you access the Sites from within the United States or Canada, any dispute relating in any way to your visit to the Sites, to these Terms, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Sites shall be submitted to confidential arbitration in Collier County Florida, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise, except that you or Twist Modern, LLC may assert claims in small claims court in Collier County Florida, USA if the claims qualify for jurisdiction in small claims court.
You agree to defend, indemnify, and hold harmless Twist Modern, Twist Modern’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Twist Modern. The foregoing indemnification obligation shall survive termination of these Terms and Twist Modern and any product or service provided to you arising out of or relating to your use of Twist Modern.
Your Consent to Notices
You agree that we have the right to send you certain information in connection with the Sites. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Sites. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Sites. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Sites, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Sites.
Right to Access
YOU MUST BE AT LEAST AGE 18 TO USE THE SITES. By using the Sites, you affirm that you are over age 18. If you are under age 18, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
If you have questions or comments about these Terms, please contact us via email at email@example.com or phone at 800-679-1093.