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Modernata MAKES
NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE
OR AVAILABLE FOR USE
IN LOCATIONS OTHER THAN THE UNITED STATES. THOSE WHO CHOOSE TO
ACCESS THIS SITE FROM OTHER LOCATIONS OUTSIDE OF THE U.S. DO
SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE
WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
All material on this site, including for example images, illustrations, and,
and promotions, is protected by copyrights which are owned and controlled either
by modernata, or by third parties who have licensed their material to
modernata. Material from www.modernata.com may not be copied, downloaded, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way. Modification
of the materials or use of the materials for any purpose other than your own
personal, non-commercial, home use is a violation of the copyrights and other
property rights held by modernata, DECO Pillows Incorporated, or affiliated
companies. The use of any such material on any other Web site or networked
computer environment is prohibited.
The trademarks, logos, and service marks (collectively the "Trademarks")
which you see on this site are registered and unregistered trademarks of modernata,
the participating unaffiliated merchants shown or Deco Pillows Incorporated,
its affiliates, and others. Nothing in this site grants to you any license
or right to use any Trademark displayed on this site without the written permission
of the owner of the Trademark. Your use or misuse of the Trademarks displayed
on this site, or any other content on this site, is strictly prohibited.
This site is controlled and operated by Modernata, from its offices located
at:
Modernata
c/o Deco Pillows Incorporated
911 N.W. 209th Avenue, Suite 125
Pembroke Pines, FL 33029
with an e-mail address for our Customer Service department of more@modernata.com
The phone number is 305.785.1757
Matters You Submit to modernata
Modernata welcomes your comments regarding our merchandise
and services, including our Internet site. However, any notes, messages, billboard
postings, ideas, suggestions, photographs, or other material which you submit
to modernata will become property of modernata and modernata
shall be entitled to use any kind and nature of material which you submit for
any type of use forever including in any media whether now known or hereafter
devised. When you submit material to the modernata site, you agree that
modernata has the right to publish the material for any type of use
as outlined above including for promotional and advertising purposes, without
compensation to you of any kind. As a result, we must ask that you do not send
us any original creative materials such as stories, product ideas, catalog
ideas, or original artwork.
You agree to indemnify modernata, its officers, directors, employees,
agents, distributors, vendors, and affiliates from and against any and all
third party claims, demands, liabilities, costs or expenses, including reasonable
attorneys' fees, resulting from your breach of any of these terms and conditions.
Privacy
Information we obtain from your visit
to our website information
about your activity while here on this site is automatically provided
to modernata when you sign on. For each visitor, our Web server automatically
recognizes only your domain name, but not your e-mail address. We collect
only the domain name, but not the e-mail address of visitors to our Web pages;
we
collect aggregate information on what pages consumers access or visit, how
many visits we get, and information such as where visitors arrived from as
far as other sites on the Internet or if they directly typed our website
address into their browser. It is used by us for internal review in aggregate
and non-personally-identifiable
form. Cookies
When you come to modernata or when you register with modernata,
we create your personal profile, assign a personal identification number,
then send this personal identification number back to your computer’s hard drive
in the form of a "cookie," which is a very small bit of code. A "cookie" is
very small text file placed on your hard drive by a Web Page server. It serves
as your personal identification card, and cannot be executed as code or deliver
viruses. The use of cookies is an industry standard; you will find them at
most major Web sites. Cookies enable us to know more about you, allows your
use of the site, and allow you to utilize some of our website's functionality,
and correspond with us about your personal profile without having to fill out
registration forms with information you've already provided. We use cookies
to record session information, such as items that you added to your shopping
cart and to conduct marketing tests on our Web pages. By showing how and when
you use the site, cookies help us see which areas and products are popular
and which are not. Many improvements and updates to the site are based on such
data as total number of visitors and pages viewed. This information is most
easily tracked with cookies. We use the information from cookies to provide
services better tailored to our visitors’ needs.
The purpose of a "cookie" is to tell the server that you returned
to that Web page. Of course, if you never register or leave personal information
with modernata, then the server only knows that someone with your cookie
has returned to the Web site. You are in charge of deciding whether we know
anything about you. But the more you tell us about yourself, the more we can
help you find information or products you want.
Most browsers are initially set up to accept cookies. You can reset your browser
to refuse all cookies or indicate when a cookie is being sent. However, note
that some parts of the modernata website and its functionality and links
will not function properly or may be considerably slower if you refuse cookies.
For example, without cookies, you may have difficulty completing shopping transactions,
or creating your personal profile. You can order your browser to accept all
cookies or to alert you every time a cookie is offered. Then you can decide
whether to accept one or not. If you want to control which cookies your computer
accepts, just follow the instructions for your particular Internet browser
system located at http://www.microsoft.com/info/privacy.htm
When do we know your E-mail address
Your E-mail address and
other personally identifying data about you are known to modernata only when you voluntarily submit it to modernata.
We collect your e-mail address only if you post a message to us, if you communicate
with us via e-mail, if you ask us to communicate with you by e-mail such as
for a confirmation of your order or shipment advice, or if you volunteer it
for any reason, such as survey information and/or site registration, and if
you started but did not complete an order.
What Do We Do with your E-mail address
If you begin to place an order from this website, and if you have at any time
given us your e-mail address, we will use your e-mail address not only to communicate
with you about the status of your order but also to send you our own e-mails
regarding special sales, exclusive offers, and other valuable promotions that
we think will interest you.
Like many other online merchants, we participate in cooperative database services
which assist us in the matching of offline and online purchasing behavior,
and marketing analysis, so that participants can better analyze and understand
the differences and tendencies of print catalog purchasers and website visitors,
and so that we can maximize the benefit of postal mail and e-mail we send to
you. This sharing of information allows us and other interested parties to
make future marketing efforts more efficient.
These cooperative database services and their participants, however, have no
right to use your e-mail address to send you e-mail. At any time, the only
person who will e-mail you is us.
If you would prefer not to receive emails regarding special sales and exclusive
offers, click
here
If you would prefer not to receive emails from us regarding the status of your
order, click
here
Other Personal Information
Modernata has a policy of not disclosing
the personal information of our customers to third parties for
their own direct marketing purposes.
We
use your shipping and payment address, and the address you give to
us when you “register” your profile with us, to send you our latest
promotions or new product updates which we feel will be of interest
to you, all
by postal
mail.
We indefinitely maintain all of the information you give to us to help serve
you better and to understand our customers and their purchasing patterns over
time. Any payment information that is maintained by us is masked to keep it
protected in the unlikely event of unauthorized breaches of security.
If you have given us your telephone number, when registering your profile with
us or when ordering merchandise from us, we may use your telephone number to
reach out to you to follow up on your order of merchandise, including follow-up
marketing. We do not share your telephone number with any outside parties for
any purpose whatsoever. Lastly, we do not rent e-mail addresses to outside
parties.
It is possible that modernata, or DECO Pillows Incorporated,
or any combination, could merge with or be acquired by another business entity.
Should such a combination occur, you should expect that modernata would share
some or all of your information in order to continue to provide this modernata
shopping experience. You will receive notice of such event (to the
extent it occurs) as provided in the paragraph below entitled "Notice",
and we will require that the new combined entity follow the practices
disclosed in this Privacy Policy with respect to your personal information.
Problems If at any time you have a question or dispute
concerning your visit here, your order transaction, or our compliance
with this privacy policy, you
may contact
us at more@modernata.com. Please provide your first and last name,
order number, if any, and, if you have a question about our merchandise,
item
number(s), and we will get back to you promptly. If we are unable to
resolve your complaint
to your satisfaction, you may elect to proceed to submit your complaint
to an independent arbitrator to obtain an impartial assessment of your
case,
in
writing. Any such arbitration will be deemed "conditionally binding",
meaning that the decision of the arbitrator will be binding upon modernata
if you elect to accept the decision, and it will be binding upon you
as well.
Security
The
importance of security for all personally identifiable information
associated with our customers and visitors is of utmost concern to
us.
We exercise great
care in providing secure transmission of your information from your
PC to our servers. Unfortunately, no data transmission over the Internet
can be guaranteed
to be 100% secure. As a result, while we strive to protect your personal
information, modernata cannot ensure or warrant the security
of any information you transmit to us or from our online products or
services,
and you do so at your
own risk. Once we receive your transmission, we make our best effort
to ensure its security on our systems. When your credit card information
is transmitted
to modernata we use industry standard, SSL (secure socket layer)
encryption to ensure the security of your information. We also have
appropriate security
measures in place in our physical facilities to protect against the
loss, misuse or alteration of information that we have collected from
you at
modernata.
Notwithstanding the foregoing, due to the open nature of the internet,
We do not guarantee the absence of theft, hacker activity, electronic
or non-electronic
tampering, or computer crime, and we hereby disclaim responsibility
and liability for stolen information.
Disclaimer
The Privacy Policy adopted by modernata and all statements contained
on this site about privacy and how we deal with data supplied by visitors to
this site are not intended to be a contractual obligation of any kind and any
such obligation is hereby disclaimed. These statements constitute the present
policy of modernata as to which it will take reasonable
measures to implement. Similarly this Privacy Policy is not intended
to be "advertising" or "advertising
claims." Rather it is intended to set forth our policy, including
our practices and intentions about how we conduct our business.
Notice
We may change this Privacy Policy from time
to time. All changes to this policy are effective after we provide
you with at least thirty (30) days" notice
of the changes by posting the changes here in Terms & Conditions
for Use of Site and sending an e-mail to users who have provided us
their e-mail
address
for this purpose. We provide you with thirty (30) days notice to give
you the opportunity to notify us if you do not agree to the changes
we highlight
to
you in our e-mail notice. Our e-mails will always remind you that you
have the opportunity to inform us of your preferences, and will alert
you how
to inform us of your preferences by such e-mails and through this Privacy
Policy. Other Sites Which May
Be Linked to this Site
modernata may include some links to other
Internet sites maintained by DECO Pillows Incorporated or
third parties for your convenience only ("Linked Sites").
Neither modernata, DECO Pillows its subsidiary companies,
shareholders, nor their affiliates operate or control in any respect
any information, products or services on Linked Sites which are
not owned or controlled by an affiliate of DECO Pillows
Incorporated. You access them at your own risk and by accessing
them you leave the modernata site. modernata and DECO Pillows
Incorporated, whether or not we have a relationship with Linked
Sites, are not responsible for the content on the Linked Sites
and disclaims all liability for any injury you experience while
you are in such Linked Site.
Disclaimer
THE MATERIALS IN THIS
SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MODERNATA
AND DECO PILLOWS INCORPORATED DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. MODERNATA AND DECO PILLOWS INCORPORATED DO NOT WARRANT
THAT THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT
MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT
THIS SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY,
ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME, OR THEFT. MODERNATA
AND DECO PILLOWS INCORPORATED DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN LINKED
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR
OTHERWISE.
The material that you read in the modernata’s site is provided solely
for entertainment, promotional, and commerce purposes.
Typographical Errors
Although all information on this website
has been carefully checked for accuracy, typographical errors and omissions
occur and are therefore subject to correction.
We regret any inconvenience. Limitation
of Liability
Neither modernata, DECO Pillows Incorporated
nor its affiliated or related entities or its vendors or content
providers are responsible or liable to any person or entity whatsoever
for any direct or indirect loss, damage (whether actual, consequential,
punitive, special or otherwise), injury, claim, liability or other
cause of any kind or character whatsoever based upon or resulting
from (1) any modernata information or opinions provided
on the modernata site or from the use of, or the inability
to use, modernata materials on the site, or (2) any electronic
or non-electronic tampering with the site, hacker activity, computer
crime, or theft of personal information. You specifically agree
that modernata and DECO Pillows Incorporated are
not liable for any defamatory, offensive or illegal conduct of
any user, or for any illegal tampering with the site, hacker activity,
computer crime, or theft of your personal information. If you are
dissatisfied with the modernata’s site or any materials
on the site, or with any of the modernata Terms of Use, your sole
and exclusive remedy is to discontinue using the modernata
site.
Termination
These Terms of Use constitute an
agreement which is effective until terminated by modernata, at any time, without notice. modernata may terminate
your right to use this site immediately without notice to you if, in modernata's
sole discretion, you fail to comply with any of these Terms of Use. In the
event of termination, you are no longer authorized to access the modernata
site, and the restrictions imposed upon you with respect to material copied
or downloaded, and the disclaimers and limitations of liabilities set forth
in these Terms of Use, shall survive the termination of this agreement. These
Terms of Use constitute the entire agreement between you and modernata
relating to the subject matter addressed herein. The Law
that Governs this Web Site
This agreement is governed by and shall be construed
in accordance with the laws of the State of Florida, the principal
place of business of modernata, without giving effect to
any principles of conflicts of law. You agree to bring any claims
against modernata, exclusively in the state or federal courts
of Florida. If any provision of these Terms of Use shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
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