Terms & Conditions
Please read the following legal information carefully before using this website. By using this website, you agree to all of the terms and conditions contain herein. If you do not accept and agree to all of the terms and conditions of this agreement, do not register, activate your account, place an order, or use this website in any way.
1. Introduction: This agreement is between The Modern Knot, LLC (a Utah limited liability company – hereafter referred to as the The Modern Knot) and the Customer (hereafter referred to as "customer", "you", or "your"). This agreement becomes effective when you complete the membership information required on the member registration form at www.TheModernKnot.com.
2. Purpose of The Service: TheModernKnot.com is a web-based shop for modern, fun picture frames, where photographers, shops and individuals can purchase said frames subject to the terms and conditions contained herein.
3. Availability of The Service: The Modern Knot will use every reasonable effort to ensure that the website is up and working properly with minimal downtime (periods of time when the site is unavailable or down). However, The Modern Knot shall not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control including: natural disasters or acts of God (such as fire, lightning, explosions, earthquakes, and floods), requirements or injunctions by any legal government entities, labor unrest (such as strikes, slowdowns, picketing, or boycotts), or failure of it suppliers or vendors to deliver expected services (such as Internet service providers, hosting and server management companies, and phone and utility companies).
4. Trademarks and Copyright: TheModernKnot.com and all other products are or may be service marks or trademarks of its owners. TheModernKnot.com product (including all software, images, graphics, logos, Internet domains, web pages, website design, source code, user documentation, databases, and other materials that depict or describe the service is and shall remain the exclusive property of The Modern Knot, LLC and is Copyrighted © 2011 by The Modern Knot, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of the website for the sole purpose of assisting users of the website in their business/customer transactions. Any other use of the information and material on the website, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of The Modern Knot is strictly prohibited.
5. Registration: You hereby certify that you are not a minor (you are at least 18 years old), and you agree (for purposes of identification, notifications, billing, and verification of authorization to access the Service) to provide accurate, complete, and updated information in your account profile and registration information including: your legal name, address, telephone number(s), and email address. Your contact information (especially your email address) from your account profile will be used for notifications and communications from The Modern Knot. When you register, you will be asked to provide a valid email address and password. As you will be responsible for all activities that occur in your account, you should keep your password confidential. You must notify The Modern Knot immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. The Modern Knot reserves the right to require you to alter your password if it believes that your password is no longer secure.
6. Account Types: Our end product and quality is the same for all users regardless of the account type (retail versus wholesale). The main purpose of having account types is to reward our dedicated customers with a significant reduction in our prices. Upon first signing up for an account with TheModernKnot.com, you will have a Retail Account. The prices will all be seen. As soon as you purchase $250 AND at least 3 frames (the 3 frames can make up the $250 purchase), your account will be switched to a Wholesale Account. This switch must be requested by you. After being switched you will see the reduced pricing in your shopping cart. You will be eligible for our Wholesale pricing as long as you purchase at least 5 frames a quarter (no required dollar amount). Automatic emails and reminders will be sent if you are close to lapsing and losing your wholesale account standing. In the event that your wholesale account lapses, you can achieve it again at anytime by meeting the $250 AND at least 3 frame minimum purchase again. Please note that the Wholesale Account will take effect AFTER this initial purchase, and will affect each subsequent order.
7. Payment: TheModernKnot.com only accepts PayPal payments. Payments will be due in full, and must be cleared before manufacturing even begins.
8. Cancellation Policy: You may request that your account be closed any time. There are no penalties or cancellation fees for closing your account. If you have not logged in to your account for more than 12 months, your account may be closed by TheModernKnot.com.
9. Privacy and Security: You can be confident that your relationship with The Modern Knot is treated with the upmost care and confidentiality. We are dedicated to protecting and safeguarding your personal and financial information and will use the highest industry standards to secure all Internet transactions. Except as disclosed in the Privacy Statement, The Modern Knot will not sell or give out your private information (including your email address) to any third party without your consent. For more information about how your private information is safeguarded and used, view our Privacy Statement.
10. Refund Policy: As each frame is a custom order and takes a lot of time and care to produce, ALL SALES ARE FINAL AND ARE NON REFUNDABLE/RETURNABLE. In the event that you receive a defective product that was caused by our negligence, we are more than happy to accept the return and replace it with an acceptable product. If product damage was caused by our negligence, we will pay the return shipping fees.
11. Use Limitations: You agree NOT to provide any information to The Modern Knot or to the public that: you do not have the right to disclose, that is false or misleading, or that attempts to hide your identity.
You specifically agree NOT to use our services to do any of the following:
- To commit any illegal or unlawful act;
- To upload, post, email, or otherwise transmit or communicate any material that contains sexual content or that is obscene, offensive, pornographic, unlawful, abusive, harmful, an invasion of privacy, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- To upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to The Modern Knot;
- To upload, post, email or otherwise transmit any material which is likely to cause harm to The Modern Knot or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our site; or
- To intentionally cause harm to or disruption to the Service or servers or networks connected to the Service.
12. Disclaimer of Warranty and Limitation of Liability: The Modern Knot disclaims and makes no warranties or representations, either express or implied, by statute or otherwise, with respect to the software or documentation of the Service, including any warranties with respect to quality, accuracy, timeliness, performance, non-infringement, merchantability or fitness for a particular purpose. The Service (including all websites, products, and services offered) are provided “as is” with no warranties whatsoever. The Modern Knot disclaims any and all liability resulting from or related to such events.
IN NO EVENT SHALL THE MODERN KNOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE OUR PRODUCTS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. THE MODERN KNOT IS NOT RESPONSIBLE FOR ANY COSTS, INCLUDING, BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF ANY SOFTWARE, LOSS OF DATA, THE COST OF RECOVERING SUCH SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MODERN KNOT (INCLUDING THE OFFICERS, EMPLOYEES, AND AGENTS OF THE MODERN KNOT) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, SUITS, LIABILITY, DEMANDS, DAMAGES, COSTS, AND EXPENSES THAT MAY HAVE BEEN CAUSED EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES AND PRODUCTS. UNDER NO CIRCUMSTANCES SHALL THE MODERN KNOT'S LIABILITY EXCEED THE AMOUNT OF YOUR ORDERS FOR THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ANY SUCH CLAIM MAY ARISE.
13. Violation of Terms: The Modern Knot reserves the right to seek all remedies available at law and in equity for any violation of these terms and conditions. You agree that if The Modern Knot determines (at The Modern Knot’s sole discretion) that you have failed to comply with any of these terms and conditions or if a competent regulatory authority requires it, The Modern Knot may at any time without notice:
a. suspend or terminate your account,
b. block access from a particular Internet address to the site,
c. deactivate or delete all content stored in your account, or
d. refuse to allow you to create a new account or to purchase our products in the future.
14. Applicable Law and Jurisdiction: If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both you and The Modern Knot shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result. Any action to enforce a mediation or arbitration award or any injunctive relief sought pursuant to these terms and conditions shall be brought only in the federal or state courts in the state of Utah, and you consent to the exclusive jurisdiction of such courts.
15. Communication and Notices: All notices made to The Modern Knot must be submitted using the following two methods: (a) email to: billing@themodernknot.com, or mail to: The Modern Knot 785 East 3540 South Circle, St. George, Utah 84790. Any notices or communications made to you by The Modern Knot will be made by sending such notice to the email address, fax number, or mailing address contained in your account profile. For this reason is important that you keep your contact information in your account current.
16. Amendment and Acceptance of Terms: The Modern Knot reserves the right to amend these Terms from time to time. If these terms are modified, you will be notified by email and/or be required to re-accept the terms when you log in to your account. If you continue to use the Service once you have been notified of the changes to these Terms, it will be deemed that you have accepted the changes. The date and time that you accepted these terms and conditions is stored in the database by The Modern Knot and constitutes proof of your digital signature which shall be considered a true and valid signature for all purposes hereunder and shall bind you to the same extent as that of an original signature. You may view the current Terms And Conditions at any time by clicking the link at on our website.
17. Thank You: Thank you for choosing TheModernKnot.com as your custom frame provider. We value you as a customer, and want to make sure that you get an exceptional value from our services. Our goal is to provide you with the highest level of quality products, service, and support. If you have any questions, concerns, or suggestions, please send us an email or give us a call. We appreciate your feedback and will do all that we can to help you to be successful.
The above Terms & Conditions were last modified on 08/11/2011.