Terms & Conditions
Credit
This document was created using a Contractology template available at http://www.contractology.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]
[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Modern Hojo Undo's use of cookies in accordance with the terms of Modern Hojo Undo's [privacy policy / cookies policy].]
License to use website
Unless otherwise stated, Modern Hojo Undo and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· republish material from this website (including republication on another website);
· sell, rent or sub-license material from the website;
· show any material from the website in public;
· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
· [edit or otherwise modify any material on the website; or]
· [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Modern Hojo Undo’s express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without Modern Hojo Undo’s express written consent.]
[Restricted access
[Access to certain areas of this website is restricted.] Modern Hojo Undo reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Modern Hojo Undo’s discretion.
If Modern Hojo Undo provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[Modern Hojo Undo may disable your user ID and password in Modern Hojo Undo’s sole discretion without notice or explanation.]
[User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Modern Hojo Undo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Modern Hojo Undo the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Modern Hojo Undo or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Modern Hojo Undo reserves the right to edit or remove any material submitted to this website, or stored on Modern Hojo Undo’s servers, or hosted or published upon this website.
[Notwithstanding Modern Hojo Undo’s rights under these terms and conditions in relation to user content, Modern Hojo Undo does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Modern Hojo Undo makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Modern Hojo Undo does not warrant that:
l this website will be constantly available, or available at all; or
l the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Modern Hojo Undo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l [to the extent that the website is provided free-of-charge, for any direct loss;]
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Modern Hojo Undo has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Modern Hojo Undo’s liability in respect of any:
l death or personal injury caused by Modern Hojo Undo’s negligence;
l fraud or fraudulent misrepresentation on the part of Modern Hojo Undo; or
l matter which it would be illegal or unlawful for Modern Hojo Undo to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Modern Hojo Undo has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Modern Hojo Undo’s officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Modern Hojo Undo’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Modern Hojo Undo.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Modern Hojo Undo and undertake to keep Modern Hojo Undo indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Modern Hojo Undo to a third party in settlement of a claim or dispute on the advice of Modern Hojo Undo’s legal advisers) incurred or suffered by Modern Hojo Undo arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Modern Hojo Undo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Modern Hojo Undo may take such action as Modern Hojo Undo deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Modern Hojo Undo may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Modern Hojo Undo may transfer, sub-contract or otherwise deal with Modern Hojo Undo’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Modern Hojo Undo in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Missouri law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of same.
Privacy Policy
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers PayPal, Apple Pay, email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Squarespace to power our online store--you can read more about how Squarespace uses your Personal Information here: https://www.squarespace.com/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The Site is not intended for individuals under the age of 18.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at modernhojoundo@gmail.com or by mail using the details provided below:
10000 County Road 8130, Rolla, MO, 65401, United States