End User License Agreement

END USER LICENSE AGREEMENT (EULA)

This End User License Agreement ('Agreement') is a legal contract between you ('User,' 'you,' or 'your') and Modystic.com ('Company,' 'we,' 'our,' or 'us'), located at Columbus, Ohio, Franklin County. This Agreement governs your use of the Modystic.com website (the 'Site'), the products, services, and content provided through the Site, and any transactions made via the Site.

By accessing or using the Site, you agree to be bound by this Agreement. If you do not agree to the terms set forth in this Agreement, you must immediately stop using the Site and refrain from making any purchases or accessing the content.

1. LICENSE GRANT

  • License to Use Site: Subject to the terms of this Agreement, Modystic.com grants you a limited, non-exclusive, non-transferable, revocable license to use the Site and the services offered on the Site solely for personal, non-commercial use.

  • License Restrictions: You may not:

    • Copy, modify, distribute, reverse engineer, decompile, or disassemble any portion of the Site or its content.

    • Use the Site for any unlawful purpose or in violation of applicable laws.

    • Interfere with or disrupt the Site or its servers and networks.

2. REGISTRATION AND ACCOUNT

  • To make a purchase or use certain features of the Site, you may be required to create an account. You agree to provide accurate and complete information during registration and to update it as necessary to ensure its accuracy.

  • You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately if you believe your account has been compromised.

  • You are fully responsible for all activities that occur under your account.

3. PURCHASES AND PAYMENT TERMS

  • Order and Payment: By placing an order through the Site, you are making an offer to purchase the products in your cart, which will only be processed once payment is successfully completed.

  • Pricing: All prices are listed in U.S. dollars and are subject to change without prior notice. The total price may include applicable taxes, shipping, and handling fees.

  • Payment Methods: We accept various payment methods as outlined on the Site, including credit and debit cards. Payments must be made at the time of purchase, and your order will only be confirmed once payment is processed successfully.

4. SHIPPING AND DELIVERY

  • Shipping Terms: Shipping terms, including methods and delivery times, are specified at the time of purchase. We will process and ship your order according to the selected shipping option. The risk of loss and ownership of the product transfers to you once the product is delivered.

  • Delivery Issues: We are not liable for any delays, losses, or damages that occur during shipping, but we will work with you to resolve any shipping-related issues.

5. RETURNS AND EXCHANGES

  • Return Policy: Returns, exchanges, and refunds are governed by our Return Policy, which is available on the Site. You must follow the return instructions, and all returns must be in accordance with the specific return policy associated with each product.

  • Conditions for Return: Items must be returned in original, unused condition. Used or damaged products caused by the customer are not eligible for return.

6. USER RESPONSIBILITIES AND OBLIGATIONS

  • Lawful Use: You agree to comply with all applicable laws and regulations while using the Site. You must not engage in illegal activities or violate the rights of others while using the Site.

  • Account Security: You are responsible for ensuring the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized access to your account.

7. INTELLECTUAL PROPERTY

  • Ownership: All intellectual property rights in the Site, including trademarks, logos, designs, text, images, and software, are owned by Modystic.com or its licensors and are protected by U.S. and international copyright and intellectual property laws.

  • Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. You may not use the content of the Site for any commercial purpose without express written consent from Modystic.com.

8. LIMITATION OF LIABILITY

  • To the fullest extent permitted by law, Modystic.com and its affiliates, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Site or any products purchased from it, including but not limited to loss of profits, data, or use.

  • Our liability is limited to the total amount you paid for the product or service that gave rise to the claim.

9. INDEMNIFICATION

  • You agree to indemnify, defend, and hold harmless Modystic.com, its officers, directors, employees, agents, and third-party providers from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to your use of the Site or violation of this Agreement.

10. GOVERNING LAW AND DISPUTE RESOLUTION

  • Applicable Law: This Agreement is governed by the laws of the State of Ohio, Franklin County, United States, without regard to its conflict of law principles.

  • Dispute Resolution: Any disputes arising under this Agreement or related to the Site shall be resolved exclusively in the courts located in Franklin County, Ohio. By using the Site, you consent to the jurisdiction of these courts.

11. MODIFICATIONS TO THE AGREEMENT

  • Modystic.com reserves the right to modify or update this Agreement at any time. Any changes will be posted on the Site with the date of the last revision. By continuing to use the Site after the modifications, you agree to be bound by the updated terms and conditions.

12. TERMINATION

  • Modystic.com may suspend or terminate your access to the Site at any time, with or without cause, and without notice. Upon termination, all rights granted to you will cease immediately. Sections of this Agreement that by their nature should survive termination shall remain in effect.

13. ENTIRE AGREEMENT

  • This Agreement, along with the Privacy Policy and any other terms and conditions referenced herein, constitutes the entire agreement between you and Modystic.com concerning your use of the Site and purchases made through it.

By accessing or using Modystic.com and making purchases, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.