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Modern Mom Style Box Terms of Service
Effective Date: September 14, 2021
Welcome to Modern Mom Style Box!
The following Terms of Service (the “Terms”) between you and Modern Mom Probs, LLC
(“we,” “our,” “us,” or
“Modern Mom Style Box”) describe the terms and conditions on which you may access and use the
Modern Mom Style
Box website (the “Site”), the Modern Mom Style Box mobile app (the “App”), and
related services (together with
the Site, the App, and the Modern Mom Style Box Content (as defined below) the “Services”). By
using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The disclaimers, terms, and conditions in these Terms are of general application and may be supplemented by
additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application
that we disclose. If you choose to purchase or rent any clothing or accessories (“Products”)
Services, your use of the Services is further conditioned on the Sale
and Rental Agreement
(the “Sale and Rental Agreement”), which is incorporated herein by reference. If you
participate in our Referral
Program, your use of the Services is further conditioned on the Referral
Policy, which is
incorporated herein by reference. In the event of a conflict between these Terms on the one hand and either the
Sale and Rental Agreement or the Referral Policy on the other hand, the terms and conditions that are more
protective of Modern Mom Style Box shall control.
BY ACCESSING OUR SERVICES, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS
FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE
TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS
WILL APPLY RETROACTIVELY.
IMPORTANT NOTICE: Your use of our Services is subject to an arbitration provision in Section 9 requiring all
claims to be resolved by way of binding arbitration. By agreeing to these Terms, you and Modern Mom Style Box
hereby waive any right to participate in a Class-Action lawsuit or class-wide arbitration.
1. GENERAL CONDITIONS
You may use the Services if you reside in the U.S. and are at least eighteen (18) years or older at the time
of using the Services. Children under the age of 13 may not use the Services and parents or legal guardians
may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may
use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on
their behalf, but such children may not rent or purchase Products via the Services. If you are a parent or
legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully
responsible for his or her use of the Services and the rental or purchase of any Products, including all legal
liability he or she may incur.
B. Modification of the Services or the Terms
We may revise and update these Terms from time to time, and will post the updated Terms to our Site or App.
UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY
IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes
to these Terms will not apply retroactively to events that occurred prior to such changes unless otherwise
stated accordingly. Your continued use of our Services will constitute your agreement to any new provisions
within the revised Terms.
2. USE OF THE SERVICES
A. Modern Mom Style Box Content
All content and information available through the Services, including but not limited to product descriptions
and specifications, product photos, advice from stylists and photos and comments from other users (“Modern
Mom Style Box Content”) is available to you on an “as is” basis and is to be used for general
only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific
circumstances. The Modern Mom Style Box Content is provided with the understanding that such information does
not constitute professional advice or services. As such, you agree not to rely upon or use any Modern Mom
Style Box Content as a substitute for consultation with professional advisors. As used in these Terms, the
Services include the Modern Mom Style Box Content. We may update the Modern Mom Style Box Content, including
Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any
questions about the existence of more current information, please send those questions to
firstname.lastname@example.org. We will use reasonable
efforts to respond in a timely manner. However, we
cannot guarantee a prompt response in all cases. We cannot and do not assume any responsibility for your use
or misuse of Modern Mom Style Box Content or any other information transmitted, monitored, stored, or received
while using the Services.
B. Third Party Content
The Services may contain links or references to non-Modern Mom Style Box websites, products, services or other
materials or content (“Third Party Content”). This Third Party Content is provided to you as
and Modern Mom Style Box is not responsible for any Third Party Content or the actions of those that provide
or use such Third Party Content. Any Third Party Content is independent from Modern Mom Style Box, and Modern
Mom Style Box has no control over the Third Party Content. In addition, a link to any Third Party Content does
not imply that Modern Mom Style Box endorses, approves of or accepts any responsibility for the Third Party
Content or its provider, or vice versa. You acknowledge and agree that we will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, or
resulting from your use of or reliance on any such Third Party Content available on or through our Services.
third party websites and Third Party Content.
C. Acceptable Use Policy
No part of the Services, including the Modern Mom Style Box Content, may be reproduced or transmitted in any
form, by any means, electronic or mechanical, including photocopying and recording, except that Modern Mom
Style Box authorizes you to view, copy, download, and print Modern Mom Style Box Content (such as press
releases and FAQs) that is available on the Services, provided that: (i) you use the Modern Mom Style Box
Content solely for your personal, noncommercial, informational purposes; (ii) you do not modify the Modern Mom
Style Box Content; and (iii) you do not remove any copyright, trademark, and other proprietary notices on the
Modern Mom Style Box Content.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which
Modern Mom Style Box considers in its sole discretion to be, unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined
by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent,
harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism,
hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical
substances, tobacco, firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or
harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content,
information or other materials that infringe, misappropriate or violate any intellectual property or other
right of any third party; (vi) promote or solicit any business or promote, solicit or participate in
multi-level marketing or pyramid schemes; (vii) impersonate any other person, including but not limited to, a
Modern Mom Style Box representative; (viii) post, collect or disclose any personally identifying information
(including account names) or private information about children or any third parties without their consent (or
their parent's consent in case of a child under 13 years of age); (ix) post or transmit any unsolicited
advertising, promotional materials, or any other forms of solicitation, including without limitation,
solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; (x)
violate these Terms, or any applicable local, state, national or international laws or regulations; or (xi)
use our Services or Modern Mom Style Box Content to develop a competing service or product.
You also agree that you will not (and will not attempt to or permit any third party to): use any device,
software, malicious code or destructive routine intended to damage or otherwise interfere with the proper
functioning of our Site, App, servers, or networks connected to our Services or take any other action that
interferes with any other person’s use of our Services. You will not reverse engineer, decompile, disassemble,
translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or
There may be delays, omissions, or inaccuracies in the Services, including the Modern Mom Style Box Content.
The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3. YOUR CONTENT
A. License to Your Content
If you post, upload or make available to Modern Mom Style Box or the Services, or otherwise submit to or
through Modern Mom Style Box as part of your use of the Services, including the Site or App, any information,
data, documents, text, images, files, links, software, chat, communication or other materials, including but
not limited to photos and reviews relating to your use of the Products (“Your Content”), you
hereby grant to
Modern Mom Style Box a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and
transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute,
index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and
your name, image, voice, likeness and/or other biographical information or material in connection with Your
Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised
(including on the Site and App, in email and other promotional campaigns and on third party sites promoting
the Services) in connection with the Services, including but not limited to advertising, promoting, and
marketing the Services, all without further notice to you, with or without attribution, without limitation as
to frequency, and without the requirement of any permission from or payment to you or to any other person or
entity. You waive any right to inspect or approve any of Your Content or any use of Your Content.
B. Obligations for Submitting Your Content
By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform
to these Terms, including Section 2(C), and that you own or have the necessary rights, licenses, consents and
permissions, without the need for any permission from or payment to any other person or entity, to exploit,
and to authorize Modern Mom Style Box to exploit, Your Content in all manners contemplated by these Terms. You
waive all moral rights in Your Content that may be available to you in any part of the world and confirm that
no such rights have been asserted. None of Your Content will be subject to any obligation, whether of
confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of
any Your Content.
C. No Responsibility
By providing Your Content via the Services, you understand and agree that you do so at your own risk and that
we are not responsible for the damage or loss of any Your Content. You agree that we are not liable for any
legal violation caused by your use or misuse of Your Content or other information transmitted, monitored,
stored, or received while using the Services. We reserve the right to amend or delete any of Your Content
(along with the right to terminate or restrict use of or access to the Services) that in our sole discretion
violates any provision of these Terms.
4. YOUR ACCOUNT
Access to the Services requires you to be registered with us via a Modern Mom Style Box-generated registration
form. This form will require you to provide certain requested information (including personal information). At
such time, you will be provided with an account and login information including a username and password to
successfully complete the registration process. You are the only person authorized to access and use your
account. For more information about our collection of personal data about you in connection with account
B. Unauthorized Use and Information Changes
You must immediately notify us if your registration information changes or you learn of or have reason to
suspect any unauthorized use of your account or any other breach of security. You are responsible for
maintaining the confidentiality of your username and password and are fully responsible for all activities
related to your account. You also agree that you will provide truthful and accurate information during the
registration process. We may refuse to grant you a particular username for any reason, including, without
limitation, if we have reason to believe that such username impersonates someone else, is protected by
trademark or other proprietary rights, or is vulgar or otherwise offensive.
C. Storing Credentials
The Services may allow you to store your login credentials in your web browser so that you can be
automatically logged in each time you access the Services. If someone else has access to your computer or web
browser, the automatic login feature will allow that person to have access to your account. You are
responsible for any damages to Modern Mom Style Box or the Services resulting from unauthorized access to the
Services from your account and we will have no liability to you or any third party for damages or loss related
to such unauthorized access or use.
5. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the Modern Mom Style Box Content and all intellectual property rights in and to the
Services and any changes, modifications or corrections thereto, are the property of Modern Mom Style Box and
its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States
copyright law, trademark law, international conventions and other intellectual property laws. By way of
example only, and not as a limitation, “Modern Mom Style Box” and the Modern Mom Style Box logo are registered
trademarks of Modern Mom Style Box., under the applicable laws of the United States and/or other countries.
Other Modern Mom Style Box product or service names or logos appearing on or through the Services are either
trademarks or registered trademarks of Modern Mom Style Box and/or its affiliates. All other product names are
trademarks or registered trademarks of their respective owners. Modern Mom Style Box and its affiliates and
licensors reserve all rights in and to the Services not granted expressly in these Terms. Nothing shall be
construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services
or any Modern Mom Style Box Content, through the use of framing or otherwise, except: (i) as expressly
permitted by these Terms; or (ii) with the prior written permission of Modern Mom Style Box or such third
party that may own such Modern Mom Style Box Content.
B. Services License
On the condition that you comply with all your obligations under these Terms, and subject to additional terms
of any third-party licenses applicable to third-party software included in the Services, we hereby grant to
you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the
Services solely in connection with your personal, non-commercial purposes. We reserve all rights not otherwise
expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any
license granted in these Terms and limit your access to the Services. Any use of the Services that exceeds the
rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms,
which may result in the termination of your right to access and use the Services.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you
grant to us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative
works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights
in the Feedback that may be available to you in any part of the world and confirm that no such rights have
been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary
information of any third party, and that Modern Mom Style Box may use your Feedback without restriction or
obligation to you or any third party.
D. Notice and Take Down Procedures; Copyright Agent
If you believe any Modern Mom Style Box Content infringes your copyright, you may request removal of those
materials (or access thereto) by contacting Modern Mom Style Box’s copyright agent (identified below) and
providing the following information: (i) identification of the copyrighted work that you believe to be
infringed, including a description of the work, and, where possible, a copy or the location (e.g., URL) of an
authorized version of the work; (ii) identification of the material that you believe to be infringing and its
location, including a description of the material and its URL or any other pertinent information that will
allow us to locate the material; (iii) your name, address, telephone number and e-mail address; (iv) a
statement that you have a good-faith belief that the complained of use of the materials is not authorized by
the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is
accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act
on the copyright owner’s behalf; and (vi) a signature or the electronic equivalent from the copyright holder
or authorized representative.
Modern Mom Style Box's agent for copyright issues relating to the Services is as follows: Modern Mom Style Box
Attn: Copyright Agent. 1150 19th Street, Vero Beach, FL 32960. In an effort to protect the rights of copyright
owners, Modern Mom Style Box maintains a policy for the termination, in appropriate circumstances, of
subscribers and account holders of the Services who are repeat infringers.
6. MOBILE TERMS
A. Mobile Charges
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply
when accessing or
using the Services on your mobile, handheld device (“Mobile Device”). You understand that
your Mobile Provider
may charge you fees for your use of its network connection services while accessing or using the Services, for
data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU
ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
B. Additional Terms Applicable on the Android Market/Google Play
Modern Mom Style Box and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries
or affiliates (“Google”), are a party to these Terms, and you will look to Modern Mom Style
Box or the Client
for any recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Service as
found on Google’s websites (located at http://www.google.com/mobile/android/market-tos.html)
and the Google
Play Terms of Service (located at
You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with
respect to the Services. To
the extent there is a conflict between any of the terms contained herein and those set forth in the Android
Market Terms of Service or Google Play Terms of Service, the Android Market Terms of Service or Google Play
Terms of Service will prevail and govern.
C. Additional Terms Applicable on the Apple App Store
The following applies to you only if you are using the App from the Apple App Store. To the extent the other
terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and
conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph
apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms
are solely between you and Modern Mom Style Box, not Apple, and that Apple has no responsibility for the App
or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In
the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely
governed by these Terms. You and Modern Mom Style Box acknowledge that Apple is not responsible for addressing
any claims of you or any third party relating to the App or your possession and/or use of the App, including,
but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation. You and Modern Mom Style Box acknowledge that, in the event of any third-party claim that the App
or your possession and use of that App infringes that third party’s intellectual property rights, Modern Mom
Style Box, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim to the extent required by these Terms. You must comply with
applicable third party terms of agreement when using the App. You and Modern Mom Style Box acknowledge and
agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to
your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate
your account, please contact us at
email@example.com. You understand that Your
Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By Modern Mom Style Box
Any violation of these Terms, including any of the prohibitions in Section 2(C), may result in suspension or
termination of your access to the Services and/or removal of Your Content. Modern Mom Style Box may also
terminate your account if Modern Mom Style Box determines that your conduct poses a risk or liability to
Modern Mom Style Box, or for any other reason as determined by Modern Mom Style Box in its sole discretion.
C. Effects of Termination
The provisions of these Terms that by their content are intended to survive the expiration or termination of
these Terms, 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 these Terms, will survive the expiration or
termination of these Terms for their full statutory period.
8. DISCLAIMER OF WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITY
A. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 1(F) OF THE RENTAL AND SALE
AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM 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, WE MAKE NO WARRANTY THAT THE SERVICES 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, MODERN MOM STYLE BOX CONTENT, OR OTHER CONTENT FOUND ON THE SERVICES WILL BE
ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT
THE SERVICES OR ANY MODERN MOM STYLE BOX CONTENT, OR OTHER CONTENT OR INFORMATION FOUND ON THE SERVICES WILL
BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, MODERN MOM STYLE BOX CONTENT, OR OTHER CONTENT OR
MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MODERN MOM STYLE BOX CONTENT OR OTHER CONTENT OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN
THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MODERN MOM STYLE BOX, AND ITS SUBSIDARIES, AFFILIATES,
OFFICERS, VENDORS, MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPENSES, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH: (1) YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR
SUBSCRIPTION TO A MEMBERSHIP; (2) YOUR VIOLATION OF THESE TERMS, (3) ANY OF YOUR CONTENT YOU POST OR PROVIDE
THROUGH THE SERVICES, (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (5) YOUR NEGLIGENCE
OR WILLFUL MISCONDUCT.
C. Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES
AGAINST MODERN MOM STYLE BOX THAT ARISE FROM YOUR USE OF THE SERVICES OR, INCLUDING, WITHOUT LIMITATION, YOUR
USE OF THE SERVICES IN VIOLATION OF THIS THESE TERMS, THE SALE AND RENTAL AGREEMENT, THE REFERRAL POLICY, OR
ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL MODERN MOM STYLE BOX OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS,
EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER
GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF MODERN MOM STYLE BOX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE
RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY AND
DISCLAIMERS SET FORTH HEREIN.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN
THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS
SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM
AGGREGATE LIABILITY OF MODERN MOM STYLE BOX AND ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS,
EMPLOYEES, AGENTS, OR CONTRACTORS UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE
SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER
EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A
GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE
CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT
SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY
HAVE AGAINST MODERN MOM STYLE BOX.
9. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 9 includes an arbitration agreement and an agreement that all claims will be brought either in
arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class
action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and Modern Mom Style Box agree that in the event of any dispute between us, you and Modern Mom Style
Box will first contact the other party and make a good-faith, sustained effort to resolve the dispute before
resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and Modern Mom Style Box will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO
GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms and/or the Sale and Rental
Agreement, except for matters that may be taken to small claims court. Your rights will be determined by a
neutral arbitrator, and NOT by a judge or jury. You agree that any dispute arising out of or relating to these
Terms and/or the Sale and Rental Agreement, including with respect to the interpretation of any provision of
these Terms and/or the Sale and Rental Agreement or concerning the performance of your obligations or the
obligations of Modern Mom Style Box, shall be resolved by mandatory and binding arbitration submitted to JAMS
in accordance with its Commercial Arbitration Rules at either your request or the request of either Modern Mom
Style Box, as applicable, pursuant to the following terms and conditions:
(i) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written
submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS
facility in New York City.
(ii) Selection of Arbitrator. Arbitrator selection shall be made pursuant to JAMS’ Streamlined Arbitration
Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the
claim as specified herein.
(iii) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’
Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be
conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure,
the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil
Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no
power or authority to amend or disregard any provision of this section or any other provision of these
Terms, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute
Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and
conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on
consecutive days, unless otherwise agreed in writing by the parties.
(iv) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and
distribute to the parties written findings of fact and conclusions of law relevant to such judgment and
award and containing an opinion setting forth the reasons for the giving or denial of any award. The award
of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a
court of competent jurisdiction.
(v) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent
permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the
arbitrators' and administrative fees of arbitration, with Modern Mom Style Box remaining responsible for its
share of costs, expenses and fees, plus any costs, expenses and fees required of it under JAMS’ procedures.
(vi) Litigation. Either party also may, without waiving any remedy under these Terms, seek from any court
having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of
that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's
determination of the merits of the controversy). We also both agree that you or we may bring suit in court
to enjoin infringement or other misuse of intellectual property rights.
(vii) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or
other proceedings by or between you and Modern Mom Style Box shall be conducted on an individual basis and not
in any class action, mass action, or on a consolidated or representative basis. You further agree that the
arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or
unrelated transactions. You acknowledge and agree that these Terms specifically prohibits you from commencing
arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than
in arbitration, the parties each waive any right to a jury trial. Any claim that all or part of this class
action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of
competent jurisdiction and not by an arbitrator.
You consent to receive communications from us, including email, text messages, calls, direct mail, and push
notifications, including for the purposes of notifying you about the status of your order, sending you
reminders, facilitating secondary authentication, and providing other information. We may contact you by
telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone
numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text
messages we send you. You may opt out of receiving communications by emailing firstname.lastname@example.org or
calling us at (877) 378-2684 . You acknowledge that opting out of receiving
communications may impact your use
of the Services.
B. Consent to Do Business Electronically
We use and rely upon electronic records and electronic signatures for the execution and delivery of these
Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or
information of any type sent or received in accordance with these Terms and in performing our obligations and
exercising our rights under these Terms. Neither you nor Modern Mom Style Box will prevent or inhibit in any
way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made
available to the other party. You agree not to contest the authorization for, or validity or enforceability
of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable
law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you
to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will
undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in
order to be able to conduct business electronically.
C. Jurisdictional Issues
Modern Mom Style Box makes no representation that the Services are appropriate or available for use outside
the United States. Those who choose to access the Services or any part thereof from outside the United States
do so at their own risk and are responsible for compliance with applicable local laws. The Services may
contain references or cross references to products or services that are not available or approved by the
appropriate regulatory authorities in your country. Such references do not imply that Modern Mom Style Box
intends to announce or make available such products or services to the general public, or in your country.
Contact Modern Mom Style Box at email@example.com to determine which products
and services may be
available to you.
D. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular
persons, territories, and foreign states. You agree not to export the Services, including the Modern Mom Style
Box Content, or any part thereof, in any way, in violation of United States law.
E. Equitable Relief
You agree that breach of the provisions of these Terms and/or the Sale and Rental Agreement may cause
irreparable harm and significant injury to us, which would be both difficult to ascertain and which would not
be compensable by monetary damages alone. As such, you agree that we have the right to enforce the provisions
of these Terms and/or the Sale and Rental Agreement by injunction (without necessity of posting bond),
specific performance, or other equitable relief without prejudice to any other rights and remedies we may have
for your breach of these Terms and/or the Sale and Rental Agreement.
F. Governing Law/Venue
These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any
principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the
mandatory arbitration provision we have agreed to above, results in court action, shall be resolved
exclusively by a state or federal court located in New York County, New York, and you specifically consent to
the personal jurisdiction of such courts and waive any claim of forum non conveniens.
G. Entire Agreement
These Terms and the Sale and Rental Agreement are the entire agreement between you and Modern Mom Style Box
relating to the subject matter herein and shall not be modified except by Modern Mom Style Box in accordance
with these Terms, or as otherwise agreed in writing by you and Modern Mom Style Box. No employee, agent or
other representative of Modern Mom Style Box has any authority to bind Modern Mom Style Box with respect to
any statement, representation, warranty or other expression not specifically set forth in these Terms and/or
the Sale and Rental Agreement.
H. Severability and Waiver
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will
not affect the validity or enforceability of the remaining provisions. The failure of a party to require
performance of any obligation or provision under these Terms will not affect such party’s right to require
performance at any time thereafter. Neither shall a waiver of any breach of or default under any provision of
these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Modern Mom
Style Box may assign these Terms at any time without notice to you.
J. Force Majeure
Modern Mom Style Box will not be liable for, or be considered to be in breach of these Terms on account of,
any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Modern
Mom Style Box’s reasonable control.