Terms and Conditions

Terms and Conditions

Agreement between User and www.modern-dude.com

Welcome to www.modern-dude.com. The www.modern-dude.com website (the "Site") is

comprised of various web pages operated by Modern-Dude LTD Liability Co. ("Modern Dude").

www.modern-dude.com is offered to you conditioned on your acceptance without modification of

the terms, conditions, and notices contained herein (the "Terms"). Your use of www.moderndude.

com constitutes your agreement to all such Terms. Please read these terms carefully, and

keep a copy of them for your reference.

www.modern-dude.com is an E-Commerce Site.

Men and womens Jewelry

Electronic Communications

Visiting www.modern-dude.com or sending emails to Modern Dude constitutes electronic

communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that Modern Dude is not

responsible for third party access to your account that results from theft or misappropriation of

your account. Modern Dude and its associates reserve the right to refuse or cancel service,

terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Modern Dude does not knowingly collect, either online or offline, personal information from

persons under the age of thirteen. If you are under 18, you may use www.modern-dude.com only

with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.modern-dude.com may contain links to other websites ("Linked Sites"). The Linked Sites

are not under the control of Modern Dude and Modern Dude is not responsible for the contents of

any Linked Site, including without limitation any link contained in a Linked Site, or any changes or

updates to a Linked Site. Modern Dude is providing these links to you only as a convenience, and

the inclusion of any link does not imply endorsement by Modern Dude of the site or any

association with its operators.

Certain services made available via www.modern-dude.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the www.moderndude.

com domain, you hereby acknowledge and consent that Modern Dude may share such

information and data with any third party with whom Modern Dude has a contractual relationship

to provide the requested product, service or functionality on behalf of www.modern-dude.com

users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.modern-dude.com strictly in accordance with these terms of use. As a condition of your use

of the Site, you warrant to Modern Dude that you will not use the Site for any purpose that is

unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party's use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Modern Dude or its

suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Modern Dude content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Modern Dude and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Modern Dude or our licensors except as expressly authorize

The Service is controlled, operated and administered by Modern Dude from our offices within the

USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Modern Dude Content

accessed through www.modern-dude.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Modern Dude, its officers, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses (including

reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this Agreement or your

violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Modern Dude reserves the right, at its own cost, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you will fully cooperate with

Modern Dude in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and Modern Dude agree otherwise, the arbitrator may not

consolidate more than one person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. MODERN-DUDE LTD LIABILITY CO. AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

MODERN-DUDE LTD LIABILITY CO. AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF

ANY KIND. MODERN-DUDE LTD LIABILITY CO. AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL MODERN-DUDE LTD LIABILITY CO. AND/OR ITS SUPPLIERS BE LIABLE

FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE

OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MODERN-DUDE LTD

LIABILITY CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Modern Dude reserves the right, in its sole discretion, to terminate your access to the Site and the

related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of California and you hereby

consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Modern Dude as a result of this agreement or use of the Site. Modern Dude's

performance of this agreement is subject to existing laws and legal process, and nothing contained

in this agreement is in derogation of Modern Dude's right to comply with governmental, court and

law enforcement requests or requirements relating to your use of the Site or information provided

to or gathered by Modern Dude with respect to such use. If any part of this agreement is

determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,

the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable

provision will be deemed superseded by a valid, enforceable provision that most closely matches

the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Modern Dude with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Modern

Dude with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating

to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

Changes to Terms

Modern Dude reserves the right, in its sole discretion, to change the Terms under which

www.modern-dude.com is offered. The most current version of the Terms will supersede all

previous versions. Modern Dude encourages you to periodically review the Terms to stay

informed of our updates.

Contact Us

Modern Dude welcomes your questions or comments regarding the Terms:

Modern-Dude LTD Liability Co.

_________________

Corona, California 92882

Email Address:

michele@modern-dude.com

Telephone number:

951-946-8100

Effective as of July 06, 2023

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