These Terms and Conditions (the “Terms and Conditions”) set forth the provisions that apply to your use of the ModdedZone website located at www.moddedzone.com (the “Site”). The terms “ModdedZone,” “we,” “company,” “our” or “us” refer to Kosi Group, LLC DBA ModdedZone, its affiliates and/or subsidiaries. The words “you”, “your,” “yours,” and “customer” refer to the individual or entity that uses or views the Site(s) and/or makes a purchase for a product or service on the Site. The Site is not intended for persons under the age of 18. If you are under the age of 18, the please do not use the Site. You affirm that you are at least eighteen (18) years of age, or that you possess your parent or legal guardian’s consent. You also affirm that you are fully able and competent to enter into, abide by, and comply with the terms and obligations contained in these Terms and Conditions.
3. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to change and/or update the terms, conditions, and notices under which the Site is offered. We may change the Terms and Conditions at any time with or without notice. It is your responsibility to review these terms and conditions each time you visit the Site. Your continued use of the Site indicates that you acknowledge, understand and accept the Terms and Conditions
4. NO UNLAWFUL OR PROHIBITED USE
ModdedZone grants you permission to use the Site and its Content provided that (a) your use is solely for your personal, noncommercial use; (b) you do not modify or sell the Content; and (c) you do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including use of the Content on any other website. Additionally, as a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful, malicious, destructive, harmful or prohibited by these Terms and Conditions. You also agree to not use the Site in any manner that could damage, disable, overburden, impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain or gain access to any content, materials or information through any means intentionally or not intentionally made available or provided for through the Site.
5. ACCOUNT CREATION
You may be required to create an account for the purpose of using or ordering a product or service from our Site. To create an account, you are required to (a) provide accurate information to create your account, (b) update your account to maintain the accuracy of the information included in your account, (c) keep your account information secure and confidential, and (d) be responsible for any loss or damage that results from the creation, maintenance and use (both authorized and unauthorized) of your account or the Site.
6. BILLING AND PAYMENT METHODS
(a) We offer you the ability to make transactions on our Site using an electronic payment method, and these transactions are governed by our Terms of Sale. For such transactions, we may offer the ability to make Electronic Payments as a courtesy to you and for your convenience. By submitting your personal information and Electronic Payment information to us via our Site, you authorize us and/or our third-party payment processor to withdraw the designated funds from your account at your designated banking or financial institution, based on your payment instructions and for the limited purpose of purchasing goods and services from the Site.
(b) We may delay, suspend or reject an Electronic Payment from you for a transaction including, without limitation, if the transaction (i) may subject us to a financial or security risk, (ii) is unauthorized, suspicious or fraudulent (iii) causes unnecessary or undue risk or (iv) violates the provisions contained within these Terms and Conditions, the Terms of Sale, or any other ModdedZone policy. In the event that you decide to cancel a purchase made on our Site, your banking or financial institution may place a temporary hold on the funds in your account in the amount of your purchase until the transaction is reversed at your banking or financial institution. The temporary hold may be placed on these funds for three (3) to seven (7) business days or for as long as determined by your banking or financial institution. You should contact your banking or financial institution for questions regarding any debits or credits to your account for purchases made or reversed on our Site.
7. SERVICE INTERRUPTIONS
We strive to make our Site available to you on a continual basis. However, the Site may be unavailable during periods of unplanned service outages, planned maintenance and service and desired upgrades to our product and service offerings. We are not responsible for any damage or loss including, but not limited to, loss of content, hardware or software malfunction or any other loss, damage or expense you may suffer in the event that our Site becomes unavailable to you due to a service interruption or for any other reason.
8. TERMINATION/ACCESS REGISTRATION
We reserve the right, in its sole discretion, with or without notice, to terminate, suspend and/or restrict your access to any Site(s) and the related services or any portion thereof at any time, with or without notice.
9. OWNERSHIP OF WEBSITE CONTENT
(a) ModdedZone Content. The Site shall include, without limitation, texts, graphics, images, pictures, text, logos, trademarks, patents, names, processes, policies, data, claims or videos that are owned by us are proprietary in nature, and are subject to protection by national and international intellectual property law (‘Content”).
(b) User Content. We may allow you to upload content to our Site (“User Content”). All content displayed, shared, input or uploaded to the Site shall become the property of Kosi Group LLC DBA ModdedZone, its affiliates and/or subsidiaries. By posting content to our Site, you agree and understand that we assume no responsibility or liability for any User Content posted or provided on our Site. By uploading or inputting User Content, you hereby convey any ownership rights to us. You may not upload any materials, data, video, text, images, media, graphics, sound files, records or other content which may:
(i) be used to slander, harass or threaten any third party, entity or individual;
(ii) include content deemed profane, obscene or otherwise inappropriate;
(iii) include a virus, worm, bug, Trojan horse or any other malicious malware which may harm, copy, distribute, disseminate or reverse engineer this site or its content;
(iv) allow unauthorized access to the company’s data, materials, drawings, images, records, media and /or customer information
(v) access the Site for use in an unauthorized way or to access customer personal or identifying information, lists, records, data or Electronic Payment information All Content on the Site is protected as a collective work under U.S. and international copyright laws. We own the copyright in the selection, display and arrangement of all Content.
10. LINKS TO THIRD PARTY SITES
As a service and convenience to our customers, we may provide links to third-party websites (“Linked Site(s)”). Any website you visit as a result of using a link provided on our Site is the under the control of and the responsibility of the vendor, merchant, or owner of that Linked Site. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ModdedZone will provide links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site by ModdedZone or any association with its operators. Any transactions that you enter into with a third-party vendor, merchant or other individual or entity are solely between you and that vendor, merchant, individual or entity. We hereby specifically disclaim any and all liability for loss or damage that results or arises from your transaction, access to, communication and/or activities with a Linked Site.
11. COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise designated, all contents of the Site are copyrighted work, owned by Kosi Group, LLC DBA ModdedZone, its affiliates and/or subsidiaries and are protected by copyright law. All rights are reserved. The processes, products, services, the ModdedZone word mark, the ModdedZone logos, and/or other ModdedZone trade names, taglines or trade dress referenced herein are either pending or registered patents or pending or registered trademarks of Kosi Group LLC DBA ModdedZone, its affiliates and/or subsidiaries. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
12. NOTICES AND PROCEDURES FOR MAKING COPYRIGHT CLAIMS
We respect the rights of all entities and individuals regarding the ownership of intellectual property. Pursuant to Title 17, United States Code, Section 512(c) (2) and Title 17, United States Code, Section 512(c)(3), ModdedZone has established the following procedure for submitting infringement notices to the company. All notices should be sent to:
Kosi Group, LLC DBA ModdedZone
1221 Stirling Road
Dania Beach, FL 33004 USA
Attention: Legal Department
All notices shall include the following information:
(a) A statement that details the ownership and holder of exclusive right to the intellectual property or that you are acting on behalf of the owner.
(b) A statement, under penalty of perjury, that the information in the notice is accurate.
(c) A complete description of the property for which infringement is claimed.
(d) A complete name and official ownership number of the intellectual property.
(e) Your contact information to include name, street address, postal address, email address and contact telephone number.
(f) A statement indicating that use of the intellectual property at issue has not been licensed, granted or otherwise conveyed to Kosi Group LLC DBA ModdedZone or its affiliates and/or subsidiaries.
(g) A valid signature of the entity or individual alleging infringement.
Once the infringement notice has been received, we will review the notice and respond appropriately. Please forward any and all questions regarding our intellectual property portfolio to the address provided above.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SITE. YOU AGREE AND UNDERSTAND THAT WE MAKE THE SITE AND CONTENT AVAILABLE TO USE “AS IS” AND WE MAKE NO GUARANTEE WITH REGARDS TO THE QUALITY, RELIABILITY, SUITABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WORKMANSHIP OF THE SITE, WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER OR SYSTEM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SCRIPTS. MODDEDZONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE CONTENT, INCLUDING IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE, LOSS, OR INJURY THAT MAY RESULT FROM THE USE OF THE SITE, INCLUDING ANY DAMAGE, LOSS, OR INJURY RESULTING FROM MALICIOUS SCRIPTS OR COMPUTER VIRUSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN ALL JURISDICTIONS, SO ONE OR MORE OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL KOSI GROUP, LLC DBA MODDEDZONE, ITS SUPPLIERS, AFFILIATES AND/OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR ACTION INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT,PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ANY OTHER DAMAGES WHICH ARISE OUT OF, RESULT FROM OR ARE IN ANY WAY CONNECTED TO (A) LOSS OF USE, PRIVACY OR SECURITY, (B) LOSS OF DATA OR PROFITS,(C) LOSS OF AVAILABILITY, DELAY OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS, SERVICES, INFORMATION, SOFTWARE OR GRAPHICS, WHICH RESULTS FROM, ARISES OUT OF OR IS IN CONNECTION WITH YOUR USE OF THE SITE. THE FOREGOING APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND ALSO APPLIES EVEN IF MODDEDZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN ALL CASES MODDEDZONE’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.
15. NOTICE OF DISPUTE
If you have a dispute or claim against Kosi Group, LLC DBA ModdedZone, its affiliates or subsidiaries, you are required to send a notice detailing the facts of your dispute or claim to:
Kosi Group, LLC DBA ModdedZone
1221 Stirling Road
Dania Beach, FL 33004 USA
ATTN: Legal Department
Either we, directly or through our legal representative, will contact you with a response specific to the facts included in your notice. You agree to resolve all claims or disputes in the federal and state courts of Florida and located in the county in which our headquarters is located.
16. GOVERNING LAW AND JURISDICTION
All claims or disputes arising out of or which result from the use of the Site(s) shall be properly held in the federal and state courts of Florida and located in the county in which our headquarters is located. All disputes shall be resolved applying the state law of Florida without regard for its conflict of law provisions or principles.
You affirm that your use of the Site(s) shall comply with all applicable state, provincial or national law. It is your responsibility to make yourself aware of any regulations which govern your use of the Site(s) and comply with applicable law. You agree to defend, indemnify, and hold harmless ModdedZone, its affiliates, subsidiaries, agents, representatives, and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (a) your use the Site, (b) your violation of the Terms and Conditions, (c) your violation of any third party right, including but not limited to, copyright, trademark, or privacy right, and (d) any submission by you that causes damages to ModdedZone or any third party.
(a) These Terms and Conditions are governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A. in all disputes arising out of or relating to the use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ModdedZone, its affiliates and/or subsidiaries as a result of these Terms and Conditions or use of the Site(s).
(b) If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and limitation of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
(d) A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. GIFT CARDS
No fees apply to ModdedZone Gift Cards and they do not expire (except to the extent required by law). ModdedZone Gift Cards may be redeemed toward the purchase of goods provided at www.moddedzone.com. ModdedZone Gift Cards may not be used for payment outside of www.moddedzone.com; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; redeemed for cash; or returned for a cash refund. The risk of loss and title for Gift Cards pass to the purchaser upon our transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is stolen, or destroyed, or if any Gift Card is used without your permission.
We reserve the right, without notice, to void Gift Cards without a refund, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Title and risk of loss to all products will pass to customer upon shipment from ModdedZone's shipping location, to the extent permitted by law. For all product damaged or lost in transit, notify us within five (5) business days from receiving damaged products, a short shipment, or not receiving an expected order, and we will work with you to resolve with carrier. For product warranty information please see our limited warranty policy.