Terms of Use
Thank you for visiting the MYMODERNYOU.COM® Website and for your interest in MYMODERNYOU.COM’ products and services.
PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE MYMODERNYOU.COM’ WEBSITE, APPLICATIONS, SERVICES OR PRODUCTS. BY ACCESSING AND CONTINUING TO USE THE MYMODERNYOU.COM WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES, OR ORDERING ANY MYMODERNYOU.COM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.
TERMS OF USE
These terms of use (“Terms of Use”) are a binding agreement between Water Pure, Inc. d/b/a MYMODERNYOU.COM® its subsidiaries, affiliates, divisions, agents, employees, licensors and/or representatives (collectively “MYMODERNYOU.COM”, “Us” “Our” or “We” ) and You (“Your”) as a “User” of MYMODERNYOU.COM’ website located at www.mymodernyou.com and any related website, application, webpage, widget, interactive feature, blogs, social networks, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Service no matter how they are accessed, (collectively “Website”) and/or as a “Purchaser” of “Products” or “Services” that are marketed, sold or distributed by or through the Website. Your access and use of the Website and/or Your purchase of any Products or Services will also be governed by the expressly incorporated statement and notices, (“Incorporated Notices”) each of which may be directly accessed by clicking on the following links:
Copyright and Intellectual Property Notice
Security Notice
Accessibility Statement
Privacy Notice
Privacy Notice for California Residents
IMPORTANT NOTICE: YOUR USE OF THIS WEBSITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 8 OF THIS AGREEMENT TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT.
1. MYMODERNYOU.COM® Website
The Website is owned and operated by Water Pure Inc. d/b/a MYMODERNYOU.COM® a New York corporation, headquartered in Plainview, New York. MYMODERNYOU.COM is a leader in the development, creation and sale of high-quality, evidence-based nutritional supplements. The Website provides Users with access to information about MYMODERNYOU.COM’ Products and Services as well as information that may be of general interest to Users concerning User’s selection and use of dietary supplements, vitamins, and lifestyle choices. For further information about our Products and Services, please visit the Website.
Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, store Your preferences and purchase history for easy reordering or that may invite You to post comments or interact with MYMODERNYOU.COM or other Users. These sections, services and functions may only be available to You when create a “User Account” by registering with MYMODERNYOU.COM, providing requested information, and login using Your unique User Name (email address) and Your Password that You create for that purpose.
2. ACCEPTANCE OF TERMS OF USE
By visiting, using, browsing, posting, offering content to the Website or making a purchase on or through the Website, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE, USE ANY MYMODERNYOU.COM SERVICES OR PURCHASE ANY MYMODERNYOU.COM PRODUCT OR SERVICES.
3. MEDICAL ADVICE DISCLAIMER
THE WEBSITE’S CONTENT IS NOT MEDICAL ADVICE AND DOES NOT SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. Website content, including any opinion or endorsement regarding any of the Products or Services discussed, marketed, sold or distributed on the Website, has not been evaluated by the Food and Drug Administration.
The Website is not intended to provide specific physical or mental health diagnosis, treatment, cures or advice to any individual and You may not rely on it for that purpose. Website content may contain information supplied by MYMODERNYOU.COM or by third parties who provide information on the Website by sharing their own experience or opinions. Individual experiences and results may vary. MYMODERNYOU.COM cannot and does not guarantee or endorse any opinion expressed on the Website regarding individual results nor the efficacy, safety or appropriateness of any particular test, regimen, treatment, protocol or product for any individual. Products or Services discussed, marketed, sold, or distributed on the Website are not intended to diagnose, treat, cure or prevent any disease.
No product or protocol is right or safe for every individual. The use of MYMODERNYOU.COM’ Products and Services, or any product or service, may present a risk or danger to certain individuals. As a unique individual, only You, with the help of Your health practitioner, can judge whether any specific product, regimen, practice, or protocol is right for You in Your circumstances.Please always consult with Your physician or other qualified health care practitioner before using any dietary supplement or other product offered on this website. Be sure to raise any questions You may have regarding Your health or any medical concerns that You may have, including whether You should use the Products or Services offered by MYMODERNYOU.COM in light of Your unique health characteristics.
4. DISCLAIMER OF WARRANTIES
You agree that Your access to the Website and Your use of the Products and Services are solely at your own risk. The Website, Products and Services are provided by MYMODERNYOU.COM on an “as is” and “as available” basis. We do not guarantee, represent, or warrant that Your use of our Website will be uninterrupted, timely, secure or error-free. You agree that from time to time We may remove the Website or Services for indefinite periods of time or cancel the Services at any time, without notice to you. MYMODERNYOU.COM makes no representations or warranties beyond those on the face of the Website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MYMODERNYOU.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MYMODERNYOU.COM DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. MYMODERNYOU.COM DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MYMODERNYOU.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR THE PRODUCTS AND SERVICES SOLD IN CONNECTION THEREWITH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYMODERNYOU.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYMODERNYOU.COM BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF MYMODERNYOU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYMODERNYOU.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES IN CONNECTION THEREWITH OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MYMODERNYOU.COM, (EXCEPT ARISING EXCLUSIVELY FROM MYMODERNYOU.COM’ INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF MYMODERNYOU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXCLUSIVE REMEDY
IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF MYMODERNYOU.COM BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE OF AMOUNTS PAID TO MYMODERNYOU.COM IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $250 IN THE EVENT THAT NO FEES WERE PAID, WHICHEVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
8. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
You agree that any dispute, claim, or request for relief relating in any way to Your access or use of the Website, Your use and/or purchase of any Products or Services sold or distributed through the Website (including any subscription arrangement), communications between You and MYMODERNYOU.COM (including telephone calls, emails, text messages, or other communications, whether made directly by MYMODERNYOU.COM or by third parties on behalf of MYMODERNYOU.COM), any aspect of your relationship with MYMODERNYOU.COM, or these Terms of Use (including the enforceability of this arbitration provision) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that You may assert claims or seek relief in small claims court if Your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which You can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless You and We agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and MYMODERNYOU.COM will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.
This arbitration provision shall survive the termination of these Terms of Use. Nothing in this section is intended to limit the relief available to either You as an individual or MYMODERNYOU.COM in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts located in Nassau County, New York: (i) any dispute, controversy, or claim relating to or contesting the validity of Our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by Us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; and (iii) any legal action by Us against a non-consumer.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Nassau County, New York.
You and MYMODERNYOU.COM agree that all arbitrations between You and MYMODERNYOU.COM under these Terms of Use are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of New York shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of New York are consistent with the FAA.
You shall have thirty (30) days from the earliest of the date that You visit the Website, make a purchase, or submit information through the Website to opt out of this arbitration provision and class action waiver, by contacting Us by email at customercare@mymodernyou.com If You do not opt out by the earliest of the date that You visit the Website, make a purchase, or submit information through the Website, then You are not eligible to opt out.
9. MODIFICATIONS TO PRICES AND SERVICES
The price of Products or Services that MYMODERNYOU offers for sale may vary and are subject to change at any time prior to MYMODERNYOU.COM acceptance of Your purchase order. We reserve the right to modify or discontinue sales, promotional offers, and other services provided by MYMODERNYOU.COM at any time and at MYMODERNYOU.COM’ sole discretion. MYMODERNYOU.COM shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any Product or Service.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
As a User, Purchaser or both, You agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update your account and other information, including Your email address, credit card number(s), and expiration date(s), so that we can complete Your transactions and contact You as needed. All orders are subject to MYMODERNYOU.COM’ Cancellation and Refund Policies.
11. CANCELLATION POLICY
If, for any reason, You wish to cancel Your order before it is shipped, please call 1-888-769-7873. You will not be charged for an order that is cancelled before it is shipped. If a cancellation is requested after an order has shipped, the package must be returned for refund per our Refund Policy.
On occasion, MYMODERNYOU.COM may refuse or may cancel Your order, such as, for example, when there is an inadequate supply to fulfil Your Order, there are inaccuracies or errors in the Product, Services, or Price information concerning Your order, there are unresolved issues regarding Your payment information, or if MYMODERNYOU.COM believes that it is prohibited from fulfilling your order under the laws or regulations at your location. MYMODERNYOU.COM may also limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
MYMODERNYOU.COM reserves the right, at its sole discretion, to refuse or cancel any order for any reason. You will not be charged for any order that is not accepted or is cancelled by MYMODERNYOU.COM. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of purchase or contained in Your User Account if You made Your Purchase using Your User Account.
12. REFUND POLICY
MYMODERNYOU.COM will provide a refund for any Products returned to MYMODERNYOU.COM within 60 days of Your receipt of the Product.
To obtain a refund, please call Customer Care within 60 days of Your receipt of the Product at 1-888-769-7873 to obtain a return authorization and instructions. All returns should be sent to:
MYMODERNYOU.COM
Returns Department
200 Terminal Drive
Plainview, New York 11803
Upon receipt of the returned Products within the eligible timeframe, MYMODERNYOU.COM will provide a refund in the original form of payment.
In the case of bulk orders of 12 or more bottles of Products, there will be a 15% processing fee for bottles that are returned unopened and in perfect condition within 60 days of receipt.
13. PAYMENT TERMS
MYMODERNYOU.COM may accept a variety of payment methods to enable You to complete Your purchase of Products and Services, including, for example, PayPal (for online orders only), MasterCard, Visa, Discover, American Express, and electronic checks. MYMODERNYOU.COM has the sole discretion to discontinue, add or substitute any method of payment.
MYMODERNYOU.COM reserves the right to decline Your use of any form of payment if you fail to provide adequate or accurate information or if We have reason to suspect, in Our sole discretion, that You are not the account holder, the account does not exist or is no longer active, that there are insufficient funds for the purchase or for any other reason.
14. OWNERSHIP OF WEBSITE AND ITS CONTENT
The Website is owned and operated by MYMODERNYOU.COM. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to MYMODERNYOU.COM or its affiliates, business partners, or licensors. MYMODERNYOU.COM reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.
15. MYMODERNYOU.COM’ INTELLECTUAL PROPERTY
MYMODERNYOU.COM owns any and all intellectual property rights arising out of, related to, or in any way connected with “MYMODERNYOU.COM®,” related logos, slogans, service marks or trademarks, etc. (“MYMODERNYOU.COM Intellectual Property”). You cannot use the MYMODERNYOU.COM Intellectual Property without first obtaining MYMODERNYOU.COM’ express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the MYMODERNYOU.COM Intellectual Property without its permission.
16. THIRD-PARTY LINKS
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated or controlled by MYMODERNYOU.COM. You agree that MYMODERNYOU.COM is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against MYMODERNYOU.COM as to any loss incurred as the result of Your access or use of such third-party website.
17. USER ACCOUNTS AND PASSWORD
As a User, Purchaser, or both, You may be required to establish an account in order to access certain portions of the Website, make use of certain Website functionality, offer User Content, complete Purchases, receive the benefit of programs, rewards and other marketing benefits, etc. To do so, you will be required to create a unique User Name and Password and provide certain information (“User Account”). You are responsible for maintaining the confidentiality of Your User Account information, (including Your User Name and Password) and for any and all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any purchases, posts, or any other activity that occurs using User Account.
Remember, You are in the best position to protect Your User Account. Do not share Your User Name and Password or allow anyone else to use it. You agree to notify MYMODERNYOU.COM immediately upon learning of any unauthorized use of Your User Account, User Name or Password or any other breach of security. However, you may be held liable for losses incurred by MYMODERNYOU.COM or any other user of or visitor to the Website due to another person using your User Account, User Name or Password.
You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account, or password. You may not use another’s User Name, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. MYMODERNYOU.COM cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
18. ACCESS AND USE OF THE WEBSITE AND ITS CONTENT
Subject to Your acceptance of, and compliance with these Terms of Use as may be periodically amended, MYMODERNYOU.COM hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website and its content. This license does not entitle You to any resale or commercial use of the Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any person; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website or any portion thereof. MYMODERNYOU.COM will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on this site, including civil and criminal redress.
19. MYMODERNYOU.COM SUBSCRIPTION
Certain Products may be offered on a subscription basis. If You purchase a MYMODERNYOU.COM subscription, You will continue to be billed on a recurring basis, and Your selected Products will automatically ship at the price and frequency You choose at the time of Your purchase unless and until You change or cancel your subscription through Your account. Your account will be charged for your initial purchase, and all recurring fees, using the payment method provided or selected by You at the time of purchase or otherwise provided in your account. You can cancel or modify Your subscription through Your account. You must cancel or modify Your subscription at least 2 days in advance of Your next shipping date for Your cancellation or modification to become effective.
We reserve the right to adjust Our subscription offer, including prices, in Our sole discretion, at any time; provided, however, that We will provide You with advance notice of any price changes. Your acceptance of deliveries of the Products after such notice has been delivered to You will constitute Your acceptance of such price changes, unless You cancel Your subscription in accordance with these Terms of Use. We may, in Our sole discretion, terminate Your subscription at any time without notice. If We do so, You will no longer be charged for future recurring subscription fees. We may also, in Our sole discretion, cancel any subscription program at any time without notice to You.
20. CONTENT CONTRIBUTED BY YOU OR OTHER USERS
From time to time, MYMODERNYOU.COM may provide opportunities for You to communicate with others through the Website, such as through blogs, chat rooms, postings, emails, product reviews, etc. (“User Content”). MYMODERNYOU.COM reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that MYMODERNYOU.COM’ exclusive role in connection with User Content is solely as an Internet Service Provider and that MYMODERNYOU.COM is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than MYMODERNYOU.COM.
You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise and agree that:
a) You have registered with MYMODERNYOU.COM by creating a unique User Name and Password after providing complete and accurate personal and contact information as required for registration of a User Account and that the information You have provided is up to date and accurate when You submit User Content for consideration;
b) You own or have all necessary licenses, rights, consents, and permissions to use and to authorize MYMODERNYOU.COM to use Your User Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the User Content;
c) You have the written consent, release, and/or permission of each identifiable individual person in the User Content to use and to authorize MYMODERNYOU.COM to use the name or likeness of each such identifiable individual person in the User Content;
d) By submitting the User Content to MYMODERNYOU.COM, You agree to be bound by all terms set forth in these Terms of Use and Incorporated Notices;
e) You have the right to, and hereby, assign to MYMODERNYOU.COM a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in any media formats and through any media channels in connection with MYMODERNYOU.COM’ Website, Services or Products;
f) You hereby agree to indemnify and hold harmless MYMODERNYOU.COM from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Content, including, but not limited to, any claim that You made an impermissible use of the User Content, did not have the necessary licenses, permissions or releases for Your User Content or lacked the requisite authority to grant MYMODERNYOU.COM permission or license as to the use of Your User Content as provided for above.
21. USER WARRANTIES
As a User, You agree that You will not, under any circumstances, use the Website or any related services provided by MYMODERNYOU.COM in connection with the Website to do the following:
(i) You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant MYMODERNYOU.COM all required license rights.
(ii) You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
(iii) You will not cause harm, of any type, to minors;
(iv) You will not submit materials or post links to advertisements or solicitations of business without MYMODERNYOU.COM’ prior express and written permission;
(v) You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
(vi) You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;
(vii) You will not “stalk” or otherwise harass another person or assist another in doing so;
(viii) You will not access the Website or services in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes;
(ix) You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by MYMODERNYOU.COM or another Website User;
(x) You will not impersonate any person or entity, including, but not limited to, MYMODERNYOU.COM’ officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
(xi) You will not make available any material that You are prohibited from disclosing as a result of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
(xii) You will not make available or distribute any materials, computer code or “malware” that facilitates hacking, or that is intended to interfere with or destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of this Website or any other website, including, but not limited to, ransomware, software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information, any other form of improper or illegal malware now known or that may be developed in the future. See MYMODERNYOU.COM’ Security Notice.
(xiii) You will not download data from any MYMODERNYOU.COM’ Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;
(xiv) You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content of any description;
(xv) You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from MYMODERNYOU.COM in a manner which could be expected to offend the person for whom it is relevant;
(xvi) You will not create and maintain a MYMODERNYOU.COM user profile that contains hyperlinks to content not permitted on the Website;
(xvii) You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(xviii) You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(iv) You will not access the Website after Your access has been terminated by MYMODERNYOU.COM for any reason; and
(xx) You will not make available any materials, or act in any manner that is offensive to the MYMODERNYOU.COM community or the spirit of these Terms of Use.
You acknowledge and agree that MYMODERNYOU.COM may, but is not required to, monitor Your conduct in connection with the Website. You agree that MYMODERNYOU.COM may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website and/or terminate any or all other agreements between You and MYMODERNYOU.COM, if MYMODERNYOU.COM, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or any other agreement between You and MYMODERNYOU.COM. You understand that in the event of termination for any cause, You will not be entitled to a refund of fees, if any, paid by You to MYMODERNYOU.COM and will be required to make all payments that remain outstanding at the time of the termination.
You understand and agree that MYMODERNYOU.COM may access, preserve and disclose Your identifying information in its possession, including, if applicable, User Name, Password and/or User Account information, if MYMODERNYOU.COM determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of MYMODERNYOU.COM, its Users and the public at large.
By purchasing any Products on or through the Website, You represent and warrant that any Products purchased are only for Your own personal use. You are prohibited from purchasing Products for the purposes of resale by You or any third party. You acknowledge and agree that You are prohibited from reselling any Products without Our separate written consent.
We reserve the right, in Our sole discretion, to reject or cancel any order to purchase Products, in whole or in part, in Our sole discretion at any time. We reserve the right at any time after receipt of Your order, without prior notice to You, to limit the quantities of Products that can be purchased per person, per household, or per order, and to supply less than the quantity You ordered of any item. These restrictions may include orders placed by or under the same account, the same credit card, and orders that use the same billing or shipping address. If We change or cancel an order, We may attempt to notify You by contacting the e-mail address, billing address, or phone number provided at the time the order was placed. If We exercise the right to limit the quantities, You will only be charged for the Products we send.
MYMODERNYOU.COM reserves the right to request and/or verify additional information before accepting, fulfilling, or shipping any purchase.
22. YOUR INDEMNIFICATION OF MYMODERNYOU.COM
You understand and agree that You will indemnify, defend and hold harmless MYMODERNYOU.COM from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to the accuracy or inaccuracy of information you submit through the Website (including any telephone numbers), a breach of these Terms of Use, applicable law, and Your User Content. Without limiting the foregoing, if you provide telephone number(s) to MYMODERNYOU.COM for which you are not the subscriber, you understand that you shall indemnify us for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of us contacting or attempting to contract you at the number(s).
23. CHANGES TO TERMS OF USE
MYMODERNYOU.COM reserves the right to update, change, modify, add, delete, revise or replace any part of these Terms of Use or any Incorporated Notices at any time. MYMODERNYOU.COM shall provide notice to You of such changes either through this Website, through email, or as is otherwise provided. Such changes are effective, and You agree to be bound by such changes, when You purchase any Products or Services, when You submit User Content or 30 days from the date the changes are posted to the Website, whichever occurs sooner. It is Your responsibility to check the Website periodically for changes.
24. GENERAL PROVISIONS
a) Location of Services. You agree that the Website, the marketing, sale, or distribution of any and all Products and Services provided by MYMODERNYOU.COM, and the agreement of these Terms of Use, Incorporated Notices, and any other agreement between You and MYMODERNYOU.COM, shall be deemed to have occurred solely and exclusive within the County of Nassau in the State of New York, United States of America.
b) Choice of Law. You hereby agree that these Terms of Use, the Incorporated Notices, and any other agreement between You and MYMODERNYOU.COM shall exclusively and solely be governed and interpreted under and in accord with the laws of the State of New York, United States of America, regardless of where You, any of MYMODERNYOU.COM’ representatives or agents, or MYMODERNYOU.COM’ servers may be located (except to the extent that New York choice of law principles would require application of any other law).
c) International Use. Although this Website may be accessible worldwide, MYMODERNYOU.COM make no representation that materials on this Website, Products or Services are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
d) Use By Children. We do not offer products or services for sale directly to children under 18. If You are under 18 and wish to purchase Products or Services from Us, please secure the permission and assistance of Your parent or guardian to process Your orders. By using this Website, you are representing to us that you are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.
e) Force Majeure. In addition to any excuse provided by applicable law, MYMODERNYOU.COM shall be excused from liability for non-delivery or delay in delivery of Products and Services available through the Website arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated hereinabove.
f) No Third-Party Rights. Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.
g) Severability of Provisions. If any provision of the Terms of Use, incorporated documents or policies, is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.
h) Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and MYMODERNYOU.COM or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
i) Notices. Notices by MYMODERNYOU.COM to You may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional email at the email address You provide. It is Your responsibility to ensure that MYMODERNYOU.COM continues to have up-to-date contact information for You.
Notices by You to MYMODERNYOU.COM may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and MYMODERNYOU.COM. MYMODERNYOU.COM’ contact information as follows:
MyModernYou.com
200 Terminal Drive
Plainview, NY 11803
Email: customercare@mymodernyou.com
Telephone No: 516-767-1967
j) Binding Provisions. These Terms of Use and any expressly incorporated documents or policies are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.
k) Assignment. You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and MYMODERNYOU.COM without the prior, written consent of MYMODERNYOU.COM.
l) Headings. The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.
m) Complete Agreement. These Terms of Use, including the Incorporated Notices constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with, the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. All prior and contemporaneous negotiations and agreements between You and MYMODERNYOU.COM are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.
