Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.
THIS WEBSITE ( MOSQUITOGUARD.NET ) IS OWNED AND OPERATED BY Modern Day Products LLC. WHEN YOU USE THIS WEBSITE, OR ANY OF OUR OTHER WEBSITES, MOBILE SITES AND SOCIAL MEDIA PAGES (COLLECTIVELY, THE “WEBSITE”), YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE.
We may amend these Terms from time to time. In the event we make a change to these Terms, we will notify you by posting the revised Terms to the Website. Any amendment to these Terms will be effective immediately upon the posting of the revised Terms to the Website. If you do not agree with the changes made to these Terms, you should no longer use the Website. Continued use of the Website after such changes to the Terms will constitute your acceptance of such changes. Please return to the Website from time to time to review the current Terms.
Please note that your use of the Website or certain content and features of the Website may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect sweepstakes, contests and e-commerce activities. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control. By using the Website or such content and features, you also agree to be bound by those Additional Terms.
The Website is governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate. While these Terms will govern your use of the Website, you may be entitled to certain consumer protection rights under the laws of your local jurisdiction. If you reside outside of the United States, the laws in your country of residence may apply to any online transactions you enter into with us.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEBSITE
The materials included in the Website (including, but not limited to, images, software, audio, text, video clips and other media) (the “Materials”) are the property of or have been licensed to Modern Day Products LLC. and are protected by intellectual property laws such as patent, trademark or copyright laws. Except for your own personal and noncommercial use, you are prohibited from modifying, reproducing, transmitting, distributing, displaying, creating derivative works from, transferring, or selling any of these Materials without the prior written consent of Modern Day Products LLC. or its owner in the case of Materials that have been licensed to us. Any unauthorized attempt to modify any Materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the Materials included on the Website for any purpose other than its intended purposes is strictly prohibited.
Mosquito Guard trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Mosquito Guard (collectively, the “Trademarks”) displayed on the Website are registered and unregistered marks of Modern Day Products LLC. . All other trademarks, trade names, product names, service marks and all other non- Modern Day Products LLC. marks are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Modern Day Products LLC. or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of the Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
The use of any of the Materials, including Submissions as defined below, is at your own risk. Modern Day Products LLC. reserves the right to change any and all content, software, applications, and other items used or contained in the Website at any time without notice.
ELIGIBILITY
Use of the Website is limited to: (a) legal United States residents who are least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, and (b) individuals outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence.
ELECTRONIC COMMUNICATIONS
When you use the Website, you consent to receive communications from us electronically. We will communicate with you, at our discretion, by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REGISTRATION
Registration may be required to use or access certain areas of the Website. Modern Day Products LLC. will handle all information received from you in connection with your registration in accordance with Modern Day Products LLC.
Privacy Notice.
You may not use an email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
When you register, all information you submit must be truthful, accurate, current, and complete. If the information that you provide to Modern Day Products LLC. changes, you agree to promptly provide us with updated information. Modern Day Products LLC. may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
Your email address and the password you create will be your login information, and should be kept confidential. You are fully responsible for all use of your account and for any actions that take place using your account, including, without limitation, as a result of any loss, theft, or unauthorized use of such login information. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
IF YOU SUBMIT MATERIAL TO US:
(1) You hereby provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, edit, distribute, perform, display, incorporate, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever.
This means, among others, that:
We don’t have to treat any such Submission as confidential.
If we use such Submission or let others use such Submission -- or anything like such Submission -- we don’t have to pay you or anyone else for such Submission or use.
We can use such Submission for any purpose, without compensating or notifying you or anyone else for such Submission or use.
We can use such Submission in a website, digital, print or any other media throughout the world forever.
(2) To the extent any right you may have in or relating to any Submission cannot be licensed to SC Johnson under applicable law or legal theory, you hereby irrevocably release and waive any and all such rights, including, but not limited to, any rights of publicity, rights of privacy, trade secret rights, and “moral rights” or any other rights with respect to attribution of authorship or integrity of materials, or any other intellectual property rights.
(3) You acknowledge that you are responsible for any Submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws.
(4) You also acknowledge that we do not have any obligation to use, post, or respond to any Submission. We may contact you or any third parties to verify the information contained in a Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in any manner we deem appropriate. We may also send you information and notices regarding your Submission through the Website, by email or other means based on the information you provided to us in connection with your Submission.
Modern Day Products LLC. reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in its sole discretion. You agree that Modern Day Products LLC. shall not be liable to you or to anyone else for any suspension or discontinuance of acceptance of any Submissions.
CODE OF CONDUCT
Although we are not responsible for the conduct of our users or the Submissions they make, we want the Website to be a place on the internet where the content does not violate the rights of any person, offend or hurt people. Therefore, in using the Website, please DO NOT do any of the following:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, patents, privacy and publicity rights (e.g., using someone else’s name or likeness or a photograph taken by another person without his or her consent) - you should only submit materials that you own exclusively;
publish falsehoods or make statements that could damage us or anyone else;
submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive, gives rise to civil liability, violates any law or is otherwise inappropriate;
submit materials that promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
post advertisements or solicitations of business;
interrupt the operation of the Website in any manner whatsoever, including by imposing an unreasonable load on the Website;
harvest or otherwise collect information about others, including email addresses, without their consent;
decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
defeat security mechanisms, investigate or explore how to defeat security mechanisms, or provide information concerning methods of defeating security mechanisms, including by allowing another person to access the Website using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
violate any local, state, national or international law or post any Submission that would encourage or provide instructions for a criminal offense;
misrepresent yourself, your age or your affiliation with any person or entity, including, without limitation, with respect to any relationship or material connection you have with SC Johnson;
use the Website to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
post or share any personally identifiable or private information of any third party;
solicit passwords or personal information from anyone;
use information or content you obtained on the Website in any manner not authorized by these Terms;
post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on the Website; or
engage in any predatory or stalking conduct, or intimidate or harass anyone.
The following are the basic do’s and don’ts for interacting on the Website
Be respectful of others, especially when disagreeing with them.
Debate is great, but it should be done in a constructive way.
Take responsibility for your own words.
MOBILE DEVICES
If permitted or available through the Website, to (a) upload content to the Website via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Website from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”), you must have a mobile subscription plan with a participating mobile carrier and your wireless subscription plan must provide you with the necessary functionality. You may be required to pay service fees to your carrier and other third parties when accessing and using their services. You should check the plan you have with your carrier to ascertain what charges you may incur.
SWEEPSTAKES AND CONTESTS
Any sweepstakes, contests, games and/or promotional offers accessible on the Website are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on the Website, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, contests, game or promotional offer will govern, but only to the extent of the conflict.
REFERRAL OPPORTUNITIES
We may offer from time to time referral programs that permit you to submit information about your friends or family (“Referred Person”), including, without limitation, email addresses, telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Website and its features. We may use and store any such information that we collect from you about a Referred Person in accordance with our Privacy Notice, and only to the extent necessary to carry out your request. We will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be (a) a legal United States resident who is least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, or (b) an individual outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in his/her country of residence, or such other age designated on the sign-up page, and be able to register for the features offered on the Website and otherwise use the Website. We reserve the right to add additional restrictions on who may be referred. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Website or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he or she appears to be on any of our “do not contact” or “do not email” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Website, any service or feature, or any third party for any reason, or for any other reason as determined in our discretion.
If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Website. Incentives, rewards, or referral programs shall be subject to additional terms and conditions that shall be posted at the time such programs become available. To the extent of any conflict between those terms and conditions and these Terms, the terms and conditions for the incentive, reward or referral program will govern, but only to the extent of the conflict. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Website to communicate to a Referred Person (or any third party), you agree not to use the Website to harm the Referred Person or any other third party, and/or use the Website in violation of any applicable laws, rules or regulations or Terms.
If we at any time introduce a means of online communication available only to members, we may impose all or some of the same restrictions as set forth above, as we determine in our discretion, and communicate and provide important notices to you via such online communication system.
LIMITATION OF LIABILITY
Modern Day Products LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE WEBSITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE WEBSITE;
USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE;
FAILURE OF PERFORMANCE;
ERROR;
OMISSION;
INTERRUPTION;
DEFECT;
DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; OR
LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OR
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.
DISCLAIMER
THE MATERIALS IN OUR WEBSITE ARE PROVIDED “AS IS.” THIS MEANS THAT Modern Day Products LLC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE WEBSITE.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:
THAT THE MATERIAL IS MERCHANTABLE AND IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED;
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY DIRECTIONS, INSTRUCTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT SC JOHNSON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Modern Day Products LLC. CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. Modern Day Products LLC. IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR SUBMISSION.
ANY ACTION TAKEN IN RESPONSE TO INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS OFFERED, DISCUSSED OR POSTED ON THE WEBSITE, INCLUDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO ANY SUCH INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH ACTION, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
EXCEPTION: IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES
We sometimes provide access to other World Wide Web sites from our Website. Modern Day Products LLC. does not endorse or approve any products, services or information offered at such third party websites, and makes no representations regarding the quality, safety or suitability of any products, services or information provided by third parties. Likewise, links to third party sites are provided for your convenience only, and Modern Day Products LLC. is not responsible for the content of any site linked to or from the Website. Modern Day Products LLC. disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an SC Johnson-operated site or have moved to another site.
INDEMNIFICATION
You agree to indemnify and hold Modern Day Products LLC. , our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, expense, liability or damages (including reasonable attorneys’ fees and costs) arising out of:
your use of the Website,
your use of any Submission,
your participation in any service or program offered on or through the Website,
your breach or alleged breach of these Terms,
any Submission posted by you, or
your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
NOTICE OF COPYRIGHT INFRINGEMENT UNDER U.S. LAW
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive copyright right that has been allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the above requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.
This contact information is only for suspected copyright infringement. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Modern Day Products LLC. will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
These Terms apply to you the moment that you first use the Website. Modern Day Products LLC. may terminate these Terms, or any portion of them, at any time and without notice to you, for any reason. However, the portions dealing with RESTRICTIONS ON YOUR USE OF MATERIALS ON THE WEBSITE, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER, and JURISDICTION will survive termination.
In addition, Modern Day Products LLC. is entitled to suspend, restrict, or terminate all or part of the Website, or your access or use of it, at any time, without notice to you.
JURISDICTION
Modern Day Products LLC. controls and operates the Website from the company’s headquarters in New Jersey , in the United States of America.
These Terms, and the agreement they create, shall be governed in all respects by and interpreted in accordance with the laws of the State of Nevada, U.S.A., without regard to choice of law provisions. Likewise, your use of the Website shall be governed in all respects by the laws of the State of Nevada, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Modern Day Products LLC. failure to exercise, enforce or insist upon strict performance of any right or provision of these Terms shall not be construed as a waiver of any such right or provision. If any provision of these Terms is unlawful, void or unenforceable under applicable law, it will not affect the lawfulness, validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Modern Day Products LLC. may assign its rights and duties under these Terms to any party at any time without notice to you.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website must be filed within one (1) year after such claim or cause of action arises or be forever barred and waived.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Website. You understand and agree that no fiduciary relationship is established between you and us by your use of the Website. Your use of the Website shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.
While we design the Website to be compatible with the laws of the countries in which we operate, we in no way represent or imply that the Materials on the Website are appropriate or available for use outside of the United States, and access to them from territories where their content is illegal is prohibited. If you use the Website from locations outside of the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Modern Day Products LLC. outside the United States:
You agree that the Website is subject to the laws of the United States.
You agree to the collection, processing, maintenance and transfer of such information in and to the United States or another country in accordance with our Privacy Notice.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Website. You will not use the Website if you are prohibited from receiving products, services, or software originating from the United States.
PRIVACY
Our Privacy Notice states in full our policy regarding how we handle information that we collect about you (including through automatic means) or that you choose to submit to us.
FILTERING
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise and OnGuard Online. SC Johnson does not endorse, support or approve any of the products or services listed at such sites.
GENERAL TERMS APPLICABLE TO E-COMMERCE
Reference to any product on the Website does not constitute an offer to sell or supply that product and does not mean that the product is available or that the name and description of any product from our wholesale distributors will be the same as that included on the Website.
We cannot guarantee that product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.
Where applicable, our policies relating to shipping and return/replacement of products are posted on the Website for your review. Review those policies prior to purchasing products from the Website.
Prices and availability of products listed on the Website are subject to change without notice.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
THIS WEBSITE ( MOSQUITOGUARD.NET ) IS OWNED AND OPERATED BY Modern Day Products LLC. WHEN YOU USE THIS WEBSITE, OR ANY OF OUR OTHER WEBSITES, MOBILE SITES AND SOCIAL MEDIA PAGES (COLLECTIVELY, THE “WEBSITE”), YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE.
We may amend these Terms from time to time. In the event we make a change to these Terms, we will notify you by posting the revised Terms to the Website. Any amendment to these Terms will be effective immediately upon the posting of the revised Terms to the Website. If you do not agree with the changes made to these Terms, you should no longer use the Website. Continued use of the Website after such changes to the Terms will constitute your acceptance of such changes. Please return to the Website from time to time to review the current Terms.
Please note that your use of the Website or certain content and features of the Website may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect sweepstakes, contests and e-commerce activities. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control. By using the Website or such content and features, you also agree to be bound by those Additional Terms.
The Website is governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate. While these Terms will govern your use of the Website, you may be entitled to certain consumer protection rights under the laws of your local jurisdiction. If you reside outside of the United States, the laws in your country of residence may apply to any online transactions you enter into with us.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEBSITE
The materials included in the Website (including, but not limited to, images, software, audio, text, video clips and other media) (the “Materials”) are the property of or have been licensed to Modern Day Products LLC. and are protected by intellectual property laws such as patent, trademark or copyright laws. Except for your own personal and noncommercial use, you are prohibited from modifying, reproducing, transmitting, distributing, displaying, creating derivative works from, transferring, or selling any of these Materials without the prior written consent of Modern Day Products LLC. or its owner in the case of Materials that have been licensed to us. Any unauthorized attempt to modify any Materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the Materials included on the Website for any purpose other than its intended purposes is strictly prohibited.
Mosquito Guard trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Mosquito Guard (collectively, the “Trademarks”) displayed on the Website are registered and unregistered marks of Modern Day Products LLC. . All other trademarks, trade names, product names, service marks and all other non- Modern Day Products LLC. marks are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Modern Day Products LLC. or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of the Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
The use of any of the Materials, including Submissions as defined below, is at your own risk. Modern Day Products LLC. reserves the right to change any and all content, software, applications, and other items used or contained in the Website at any time without notice.
ELIGIBILITY
Use of the Website is limited to: (a) legal United States residents who are least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, and (b) individuals outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence.
ELECTRONIC COMMUNICATIONS
When you use the Website, you consent to receive communications from us electronically. We will communicate with you, at our discretion, by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REGISTRATION
Registration may be required to use or access certain areas of the Website. Modern Day Products LLC. will handle all information received from you in connection with your registration in accordance with Modern Day Products LLC.
Privacy Notice.
You may not use an email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
When you register, all information you submit must be truthful, accurate, current, and complete. If the information that you provide to Modern Day Products LLC. changes, you agree to promptly provide us with updated information. Modern Day Products LLC. may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
Your email address and the password you create will be your login information, and should be kept confidential. You are fully responsible for all use of your account and for any actions that take place using your account, including, without limitation, as a result of any loss, theft, or unauthorized use of such login information. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
IF YOU SUBMIT MATERIAL TO US:
(1) You hereby provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, edit, distribute, perform, display, incorporate, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever.
This means, among others, that:
We don’t have to treat any such Submission as confidential.
If we use such Submission or let others use such Submission -- or anything like such Submission -- we don’t have to pay you or anyone else for such Submission or use.
We can use such Submission for any purpose, without compensating or notifying you or anyone else for such Submission or use.
We can use such Submission in a website, digital, print or any other media throughout the world forever.
(2) To the extent any right you may have in or relating to any Submission cannot be licensed to SC Johnson under applicable law or legal theory, you hereby irrevocably release and waive any and all such rights, including, but not limited to, any rights of publicity, rights of privacy, trade secret rights, and “moral rights” or any other rights with respect to attribution of authorship or integrity of materials, or any other intellectual property rights.
(3) You acknowledge that you are responsible for any Submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws.
(4) You also acknowledge that we do not have any obligation to use, post, or respond to any Submission. We may contact you or any third parties to verify the information contained in a Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in any manner we deem appropriate. We may also send you information and notices regarding your Submission through the Website, by email or other means based on the information you provided to us in connection with your Submission.
Modern Day Products LLC. reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in its sole discretion. You agree that Modern Day Products LLC. shall not be liable to you or to anyone else for any suspension or discontinuance of acceptance of any Submissions.
CODE OF CONDUCT
Although we are not responsible for the conduct of our users or the Submissions they make, we want the Website to be a place on the internet where the content does not violate the rights of any person, offend or hurt people. Therefore, in using the Website, please DO NOT do any of the following:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, patents, privacy and publicity rights (e.g., using someone else’s name or likeness or a photograph taken by another person without his or her consent) - you should only submit materials that you own exclusively;
publish falsehoods or make statements that could damage us or anyone else;
submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive, gives rise to civil liability, violates any law or is otherwise inappropriate;
submit materials that promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
post advertisements or solicitations of business;
interrupt the operation of the Website in any manner whatsoever, including by imposing an unreasonable load on the Website;
harvest or otherwise collect information about others, including email addresses, without their consent;
decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
defeat security mechanisms, investigate or explore how to defeat security mechanisms, or provide information concerning methods of defeating security mechanisms, including by allowing another person to access the Website using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
violate any local, state, national or international law or post any Submission that would encourage or provide instructions for a criminal offense;
misrepresent yourself, your age or your affiliation with any person or entity, including, without limitation, with respect to any relationship or material connection you have with SC Johnson;
use the Website to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
post or share any personally identifiable or private information of any third party;
solicit passwords or personal information from anyone;
use information or content you obtained on the Website in any manner not authorized by these Terms;
post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on the Website; or
engage in any predatory or stalking conduct, or intimidate or harass anyone.
The following are the basic do’s and don’ts for interacting on the Website
Be respectful of others, especially when disagreeing with them.
Debate is great, but it should be done in a constructive way.
Take responsibility for your own words.
MOBILE DEVICES
If permitted or available through the Website, to (a) upload content to the Website via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Website from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”), you must have a mobile subscription plan with a participating mobile carrier and your wireless subscription plan must provide you with the necessary functionality. You may be required to pay service fees to your carrier and other third parties when accessing and using their services. You should check the plan you have with your carrier to ascertain what charges you may incur.
SWEEPSTAKES AND CONTESTS
Any sweepstakes, contests, games and/or promotional offers accessible on the Website are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on the Website, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, contests, game or promotional offer will govern, but only to the extent of the conflict.
REFERRAL OPPORTUNITIES
We may offer from time to time referral programs that permit you to submit information about your friends or family (“Referred Person”), including, without limitation, email addresses, telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Website and its features. We may use and store any such information that we collect from you about a Referred Person in accordance with our Privacy Notice, and only to the extent necessary to carry out your request. We will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be (a) a legal United States resident who is least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, or (b) an individual outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in his/her country of residence, or such other age designated on the sign-up page, and be able to register for the features offered on the Website and otherwise use the Website. We reserve the right to add additional restrictions on who may be referred. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Website or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he or she appears to be on any of our “do not contact” or “do not email” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Website, any service or feature, or any third party for any reason, or for any other reason as determined in our discretion.
If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Website. Incentives, rewards, or referral programs shall be subject to additional terms and conditions that shall be posted at the time such programs become available. To the extent of any conflict between those terms and conditions and these Terms, the terms and conditions for the incentive, reward or referral program will govern, but only to the extent of the conflict. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Website to communicate to a Referred Person (or any third party), you agree not to use the Website to harm the Referred Person or any other third party, and/or use the Website in violation of any applicable laws, rules or regulations or Terms.
If we at any time introduce a means of online communication available only to members, we may impose all or some of the same restrictions as set forth above, as we determine in our discretion, and communicate and provide important notices to you via such online communication system.
LIMITATION OF LIABILITY
Modern Day Products LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE WEBSITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE WEBSITE;
USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE;
FAILURE OF PERFORMANCE;
ERROR;
OMISSION;
INTERRUPTION;
DEFECT;
DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; OR
LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OR
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.
DISCLAIMER
THE MATERIALS IN OUR WEBSITE ARE PROVIDED “AS IS.” THIS MEANS THAT Modern Day Products LLC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE WEBSITE.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:
THAT THE MATERIAL IS MERCHANTABLE AND IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED;
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY DIRECTIONS, INSTRUCTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT SC JOHNSON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Modern Day Products LLC. CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. Modern Day Products LLC. IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR SUBMISSION.
ANY ACTION TAKEN IN RESPONSE TO INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS OFFERED, DISCUSSED OR POSTED ON THE WEBSITE, INCLUDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO ANY SUCH INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH ACTION, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
EXCEPTION: IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES
We sometimes provide access to other World Wide Web sites from our Website. Modern Day Products LLC. does not endorse or approve any products, services or information offered at such third party websites, and makes no representations regarding the quality, safety or suitability of any products, services or information provided by third parties. Likewise, links to third party sites are provided for your convenience only, and Modern Day Products LLC. is not responsible for the content of any site linked to or from the Website. Modern Day Products LLC. disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an SC Johnson-operated site or have moved to another site.
INDEMNIFICATION
You agree to indemnify and hold Modern Day Products LLC. , our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, expense, liability or damages (including reasonable attorneys’ fees and costs) arising out of:
your use of the Website,
your use of any Submission,
your participation in any service or program offered on or through the Website,
your breach or alleged breach of these Terms,
any Submission posted by you, or
your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
NOTICE OF COPYRIGHT INFRINGEMENT UNDER U.S. LAW
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive copyright right that has been allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the above requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.
This contact information is only for suspected copyright infringement. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Modern Day Products LLC. will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
These Terms apply to you the moment that you first use the Website. Modern Day Products LLC. may terminate these Terms, or any portion of them, at any time and without notice to you, for any reason. However, the portions dealing with RESTRICTIONS ON YOUR USE OF MATERIALS ON THE WEBSITE, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER, and JURISDICTION will survive termination.
In addition, Modern Day Products LLC. is entitled to suspend, restrict, or terminate all or part of the Website, or your access or use of it, at any time, without notice to you.
JURISDICTION
Modern Day Products LLC. controls and operates the Website from the company’s headquarters in New Jersey , in the United States of America.
These Terms, and the agreement they create, shall be governed in all respects by and interpreted in accordance with the laws of the State of Nevada, U.S.A., without regard to choice of law provisions. Likewise, your use of the Website shall be governed in all respects by the laws of the State of Nevada, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Modern Day Products LLC. failure to exercise, enforce or insist upon strict performance of any right or provision of these Terms shall not be construed as a waiver of any such right or provision. If any provision of these Terms is unlawful, void or unenforceable under applicable law, it will not affect the lawfulness, validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Modern Day Products LLC. may assign its rights and duties under these Terms to any party at any time without notice to you.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website must be filed within one (1) year after such claim or cause of action arises or be forever barred and waived.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Website. You understand and agree that no fiduciary relationship is established between you and us by your use of the Website. Your use of the Website shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.
While we design the Website to be compatible with the laws of the countries in which we operate, we in no way represent or imply that the Materials on the Website are appropriate or available for use outside of the United States, and access to them from territories where their content is illegal is prohibited. If you use the Website from locations outside of the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Modern Day Products LLC. outside the United States:
You agree that the Website is subject to the laws of the United States.
You agree to the collection, processing, maintenance and transfer of such information in and to the United States or another country in accordance with our Privacy Notice.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Website. You will not use the Website if you are prohibited from receiving products, services, or software originating from the United States.
PRIVACY
Our Privacy Notice states in full our policy regarding how we handle information that we collect about you (including through automatic means) or that you choose to submit to us.
FILTERING
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise and OnGuard Online. SC Johnson does not endorse, support or approve any of the products or services listed at such sites.
GENERAL TERMS APPLICABLE TO E-COMMERCE
Reference to any product on the Website does not constitute an offer to sell or supply that product and does not mean that the product is available or that the name and description of any product from our wholesale distributors will be the same as that included on the Website.
We cannot guarantee that product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.
Where applicable, our policies relating to shipping and return/replacement of products are posted on the Website for your review. Review those policies prior to purchasing products from the Website.
Prices and availability of products listed on the Website are subject to change without notice.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.