TERMS OF SERVICE
Effective Date: September 29, 2014
Welcome to The Moderne’s website. Our website, services, and products are provided by The Moderne LLC, a Wisconsin limited liability company (“we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your access to our website and any purchase of our products or services. By using our website, you enter into a legally binding contract with us consisting of these Terms. You also represent that you have read, understood, and agree to be bound by these Terms. These Terms contain an arbitration clause, limit your right to seek relief in court, and other important information about your rights and obligations. We may change these Terms at any time by posting a new version or by notifying you otherwise. If you do not agree to these Terms, do not access our website or purchase or use our products or services.
OUR LIMITED LICENSE TO YOU
We grant you a limited license to access and use our website for the purpose of viewing our products or services. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this website in any way for any public or commercial purpose without the prior written consent of us or the rights holder. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this website unless expressly permitted by law. This website or any portion of it may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We and our licensors retain all of our rights, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how, and trade secrets relating to our website, products, and services.
Floor plans are an approximation of the dimensions, square footage and layout of the Units, General Common Elements and Limited Common Elements. The Declarants reserve the right to modify the layout, location, dimensions and construction details of the Building, Units, Common Elements and Limited Common Elements shown. Any such modification occurring after the sale of any Unit by either Declarant to a third party shall not substantially alter the nature, value or quality of the Building, Unit, Common Elements or Limited Common Elements as those factors relate to the Unit sold.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OR BY US, WE PROVIDE THIS WEBSITE AND OUR SERVICES AND PRODUCTS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. WE DO NOT GUARANTEE THAT OUR WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MODERNE LLC OR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MEMBERS, OFFICERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, SERVICES, OR PRODUCTS.
ARBITRATION AND OPT-OUT
You and we agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms or to our services or products shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY OR CLAIMS INVOLVING ANOTHER USER’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER OF OUR CUSTOMERS. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If the prohibition against class actions and other claims brought on behalf of third parties contained in this section is found to be unenforceable, then all of the preceding language in this provision shall be null and void. This arbitration agreement will survive the termination of your relationship with us.
YOU MAY CHOOSE TO OPT-OUT OF THIS ARBITRATION PROVISION BY MAILING US A WRITTEN OPT-OUT NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION. YOU MUST MAIL THE OPT-OUT NOTICE TO: The Moderne LLC, 260 E. Highland, Suite 401, Milwaukee, WI 53202, ATTN: Arbitration