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Terms and Conditions

Welcome to our website. At modernskate.com, we appreciate your business. If you would like to provide feedback about any Modern Skate & Surf website, or recommend a way we can improve the buying experience, please click here. In addition, we offer the Modern Skate & Surf Safe Purchase Guarantee to ensure your comfort when buying on a Modern Skate & Surf website.

Modern Skate & Surf provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with Modern Skate & Surf as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this website or any other Modern Skate & Surf website or service, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use any Modern Skate & Surf website.

Privacy
Please review Modern Skate & Surf's Privacy Policy, which also applies to your visit to and use of any Modern Skate & Surf website.

Ownership and Copyright
This modernskate.com website is owned and operated by Modern Skate & Surf. Unless otherwise noted, all design and content included on this website, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Modern Skate & Surf (or is used under license to Modern Skate & Surf) and is protected by United States and international copyright laws.

Trademarks
MODERN SKATE & SURF, MODERN SKATE & SURF, and other marks indicated on Modern Skate & Surf's website(s) are trademarks and/or service marks of Modern Skate & Surf. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Modern Skate & Surf. Modern Skate & Surf's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Modern Skate & Surf's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Modern Skate & Surf. All other trademarks related to the products sold on this website are the sole property of their respective owners.

Nothing on this website or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the website without the express written permission of Modern Skate & Surf or the trademark or service mark owner. Neither the names "modernskate.com" or "Modern Skate & Surf," nor Modern Skate & Surf's logos may be used for any purpose without Modern Skate & Surf's prior written consent. Modern Skate & Surf's logos may not be used as a "hot" link to any other website without Modern Skate & Surf's prior written consent.

Use of Website
Modern Skate & Surf's website(s) and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of any Modern Skate & Surf website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Modern Skate & Surf website. However, you may download, electronically copy and print any of the content of a Modern Skate & Surf website for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Modern Skate & Surf website in any manner that may be harmful to the operation of the website or its content.

Your Account
If you access or use any Modern Skate & Surf website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. Modern Skate & Surf does sell products for children, but only sells them to adults who can purchase with a credit card. If you are under 18 years old, you may use Modern Skate & Surf only with the involvement of a parent or guardian. Modern Skate & Surf reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Comments and Suggestions
We appreciate hearing from our customers and welcome your comments and suggestions regarding Modern Skate & Surf's website(s) and the products offered for sale by Modern Skate & Surf, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that Modern Skate & Surf's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Modern Skate & Surf values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Modern Skate & Surf will become the property of Modern Skate & Surf and shall not be subject to any obligation of confidentiality on the part of Modern Skate & Surf. Modern Skate & Surf shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Modern Skate & Surf shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Product Descriptions
Modern Skate & Surf makes all reasonable efforts to display the products listed for sale on its website(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Modern Skate & Surf cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Modern Skate & Surf does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. If a product offered by Modern Skate & Surf is not as described, your sole remedy is to return it in unused condition.

Other Sites
Modern Skate & Surf's website(s) contain links to websites that are not maintained by Modern Skate & Surf. We try to include links to only those websites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply Modern Skate & Surf's endorsement of the website. If you decide to use any links to access other websites, you do so at your own risk.

Disclaimer of Warranties and Limitation of Liability
THE MATERIALS AND INFORMATION PROVIDED BY MODERN SKATE & SURF ON ANY OF ITS WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MODERN SKATE & SURF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEBSITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEBSITE(S). YOU AGREE THAT YOUR ACESS TO, AND USE OF ALL MODERN SKATE & SURF WEBSITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN SKATE & SURF DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODERN SKATE & SURF DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR E-MAIL SENT FROM MODERN SKATE & SURF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN SKATE & SURF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Modern Skate & Surf is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you nay have additional rights. However, in no event shall Modern Skate & Surf's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Modern Skate & Surf by you for accessing Modern Skate & Surf's website(s).

Indemnity
You agree to defend, indemnify, and hold harmless Modern Skate & Surf and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Modern Skate & Surf website or your breach of these Terms of Use.

Applicable Law
By visiting Modern Skate & Surf's website(s), you agree that the law of the State of Michigan, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Modern Skate & Surf. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Modern Skate & Surf relating to your access to and use of Modern Skate & Surf's website(s).

Dispute Resolution
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Lansing, Michigan.

Modifications
Modern Skate & Surf reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit any Modern Skate & Surf website, your visit to, and use of, such website will be subject to and bound by the then current version of these Terms of Use.

Date of Last Update of these Terms of Use: October 1, 2006.

Modern Skate & Surf's website(s) are operated by Modern Sports, Inc. from its offices in Lansing, Michigan. Modern Skate & Surf makes no representations that the contents of any of its website(s) are appropriate or available for use in other locations. Visitors who choose to access any Modern Skate & Surf website from other locations do so on their own initiative and are responsible for compliance with applicable local law.

Once again, we thank you for your interest in Modern Skate & Surf. We hope that your experience at any Modern Skate & Surf website is enjoyable.

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