TERMS OF SERVICE
This website is operated by MODESTflare. Throughout the site, the terms “we”, “us” and “our” refer to MODESTflare.
from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to
all the terms and conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use this
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.SECTION 2 – GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor’s display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at anytime without notice, at the
sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without
any warranties, representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools
are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-
Third-party links on this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-
party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has been modified or
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel
the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as expressly
stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all implied warranties
or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall MODESTflare, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MODESTflare and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law or the rights
of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Ontario Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms
of Service by posting updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of those
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Hello@MODESTflare.com