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| Terms of Service |
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| This user Agreement explains your relationship with ModaGo, and the terms and conditions under which we offer retailers and wholesalers and their employees, subcontractors and other staff (collectively "Users" or "You"), access to our services. You must read, agree and accept all of these terms and conditions before becoming a member of ModaGo, (the "Site", "We").
ModaGo is a Venue
ModaGo is ecommerce software that replicates what buyers and sellers do at trade shows. The Site provides wholesalers with discrete online showrooms, and retailers with the ability to browse lines and place purchase orders. ModaGo functions as a multi-line wholesale representative in that it is a Venue for procuring and delivering purchase orders, and is not responsible for anything else. ModaGo has absolutely no control over merchandise, deliveries, or payment.
Membership Eligibility
The ModaGo service is available only to branded manufacturers (wholesalers) and footwear and apparel retailers (retailers) possessing a valid tax resale exemption certificate.
Proprietary Rights
ModaGo and its online showrooms contain proprietary and confidential designs, styles, samples, and other information that is protected by applicable intellectual property and other laws. The information presented here is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on this service, in whole or in part.
Breach
Without limiting other remedies, ModaGo reserves the right to restrict user activity, inactivate showrooms, cancel purchase orders, warn our community of your actions, suspend or terminate user membership, and refuse to provide service: (a) for breach of this Agreement or the documents it incorporates by reference; (b) the inability to verify any information provided to us; or (c) actions by you that may cause financial loss or legal liability for our other users or us.
Indemnification
You agree to indemnify and hold ModaGo harmless fro m any claim or demand, including reasonable attorneys' fees, arising out of your breach of this Agreement or claims made by any 3rd party arising out of; (a) your conduct and use of this Service (b) any alleged violation of the rights of another company, including but not limited to use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property.
ModaGo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, but doing so shall not excuse the users indemnity obligations.
No Warranty
ModaGo provides our web site and services "as is" and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particula r purpose and non-infringement.
General Release
ModaGo has no control over merchandise, delivery or payment and cannot ensure that a retailer or wholesaler will actually complete a transaction, therefore: users release ModaGo from all claims, demands and damages (actual and consequential) of every kind and nature arising out of, or in any way connected with this service. By using this Site, you agree to accept such risks, and we are not responsible for the acts or omissions of users on the Site.
No Agency
ModaGo and its wholesalers and retailers are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
All notices shall be given by postal mail to: Jake Miller, ModaGo Showrooms, Inc. 452 Aldine St. Chicago, IL 60657 or notices at modago dot com. Alternatively, ModaGo may give notice to any users email or by postal mail address on record.
Resolution of Disputes
Any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
Binding Arbitration: For any Claims, ModaGo or its users may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association in accordance with applicable rules from the state of Illinois, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Additional Terms
These policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on this Site:
These policies may be changed from time to time and are effective immediately after we post the changes on our Site. In addition, you agree that you are subject to all policies applicable to our services. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Feedback
We welcome your feedback on this document please Contact Us. |
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