Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.moderntomato.com. The collective work includes works that are licensed to www.moderntomato.com. Copyright 2009, www.moderntomato.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.moderntomato.com or purchasing www.moderntomato.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.moderntomato.com or to purchase www.moderntomato.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.moderntomato.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of www.moderntomato.com used in the site are trademarks or registered trademarks of www.moderntomato.com

Specification & Inspection
Signing the "received by" section of the bill of lading or manifest there by acknowledges consumer receiving the merchandise in full and also in good condition, by anyone authorized by the customer named. The authorized signing party shall dictate said specifications and agrees to inspect and review all of the merchandise before accepting to confirm all merchandise is correct, accurate, and in good receiving condition. If any, all damages must be recorded on the bill of lading or manifest upon inspection at the time of delivery. (See  return policy)

Warranty Disclaimer
To the fullest extent permissible pursuant to applicable law, www.moderntomato.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular use, and is not responsible for any improper installation, abuse of product, normal wear and usage or failures reported after warranty period has expired. All said merchandise is provided "as is". www.moderntomato.com will not be responsible for any claims in excess of our charges agreed for merchandise involved. www.moderntomato.com warrants our products to be free from defective workmanship from the date of purchase by consumer for the stated warranty period. www.moderntomato.com may repair or replace merchandise at our decision after inspection at our location. Shipping and transportation back to our facility is the responsibility of the consumer.
Return policy
Any reurns must be noted, with a full description, on the front of the bill of lading or manifest in order to be recognized as valid. credit or refund will be issued by www.moderntomato.com after returned merchandise is inspected at our warehouse. All returns are subject to a 25% restocking fee. All returned products must be in original condition and packaging; otherwise, an additional 5% may be applied. Unfortunately, we cannot take returns of products that have been assembled or modified. Additionally, certain products cannot be returned because neither we nor our suppliers can take them back; this will be clearly marked on the product's sale page. If you have any questions about whether a product can be returned, please contact us. To submit a return request please visit our Return Item Page.
Release of Liability
To the extent not prohibited by law,
www.moderntomato.com shall for any for any reason bear any further liability other than expressed in the terms and conditions above, whether direct or consequential. Consumer agrees to defend, idemnify, and save www.moderntomato.com harmless from any and all liability whatsoever  that may ensue from use by customer, or by any other party of the service or merchandise. www.moderntomato.com shall for any for any reason bear any further liability other than expressed in the terms and conditions above, whether direct or consequential. www.moderntomato.com is not going to be responsible for any replacement cost, loss of use, stress and frustration, or discomfort is result of a warranted failure, or any other chance or consequential damage.
Typographical Errors
In the event that a www.moderntomato.com product is mistakenly listed at an incorrect price, www.moderntomato.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.moderntomato.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.moderntomato.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.moderntomato.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

www.moderntomato.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.moderntomato.com.

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.moderntomato.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.moderntomato.com products) must be commenced within one (1) year after the claim or cause of action arises. www.moderntomato.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.moderntomato.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.moderntomato.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
www.moderntomato.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.moderntomato.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.moderntomato.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.moderntomato.com in its sole discretion.

You agree to indemnify, defend, and hold harmless www.moderntomato.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, www.moderntomato.com may link to sites operated by third parties. However, even if the third party is affiliated with www.moderntomato.com, www.moderntomato.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.moderntomato.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.moderntomato.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).