Terms and Conditions
These Terms & Conditions (the “Agreement”) govern all use of Modern Sofa, Inc.’s website located at
www.modernsofa.com (together with any other Modern Sofa websites and mobile applications, the
“Website”), our products (“Products”), and associated services (“Additional Services”) (collectively, the
“Service”). The Service is owned and operated by Modern Sofa, Inc.. BY USING ANY PART OF THE
SERVICE OR PURCHASING A PRODUCT FROM MODERN SOFA, YOU AGREE TO THIS
AGREEMENT. We may update these Terms at our discretion and will update the “Last Updated” date
above.
Eligibility
The Service and any Product purchases are available only to individuals who are at least 18 years old. If
you are under 18, you must have the consent and involvement of a parent or legal guardian.
Arbitration & Class Action Waiver
This Agreement contains an arbitration provision and a class action waiver. See ‘Dispute Resolution’
below.
Product & Pricing Information
Availability of Products is not guaranteed and may change without notice. Prices may vary across
channels and regions and may change without notice.
Planning Tools
Planning Tools are illustrative only and may be operated by us or third parties. We disclaim warranties to
the fullest extent permitted by law and are not liable for projects implemented based on Planning Tools.
Fees
Fees are set forth on the Website, in U.S. Dollars. We may use third-party processors; you authorize
charges to your card and must provide accurate information. Taxes are your responsibility (other than
taxes on our income). Except as stated in our Returns, Exchanges & Warranty policy, fees are
nonrefundable.
Shipping
See our Shipping & Delivery policy.Reviews
By posting reviews, you agree to specified criteria. We may remove reviews at our discretion and assume
no liability. You grant us a license to use review content for marketing and other purposes.
Other Restrictions
No false or misleading content; no scraping or automated access; no unauthorized access; no security
breaches; no unreasonable loads; no interference; no impersonation; and no unlawful uses.
Feedback
Feedback is non-confidential; you grant Modern Sofa a perpetual, irrevocable, worldwide, transferable,
sublicensable, royalty-free license to use it.
Third-Party Additional Service Offerings
Third-party installation or related services are provided solely by independent third parties. You engage
them at your own risk, and you release us to the fullest extent permitted by law.
Third-Party Websites & Applications
We are not responsible for third-party websites, apps, or services linked from the Service.
Indemnification
You agree to defend, indemnify, and hold harmless Modern Sofa and its representatives from claims
arising out of your use, third-party services, content submissions, negligence, or violations.
Product Warranty; Warranty Disclaimer
Products are warranted only as stated in our Limited Lifetime Warranty. Otherwise, the Service and
Products are provided “AS IS” without warranties, to the fullest extent permitted by law.
Limitation of Liability
In no event shall Modern Sofa or related parties be liable for indirect or consequential damages, or for
direct damages exceeding $5 in the aggregate, to the fullest extent permitted by law. Not liable for
third-party services or shipment carrier damage.
Term & Termination
We may terminate access at any time; you may terminate by ceasing use. Certain provisions survive
termination.Export & Trade Controls
You agree to comply with applicable import/export laws and regulations.
Notices
Legal notices must be mailed to: Modern Sofa, Inc., 2321 Carriage Drive, Rolling Hills Estates, CA 90274,
United States (Attn: Legal). General questions: info@modernsofa.com.
Dispute Resolution
Attempt informal resolution first. Unresolved disputes shall be arbitrated under AAA Consumer Arbitration
Rules, Los Angeles, CA, in English. No class actions. Each party bears its own costs; AAA fees per AAA
Rules. Venue for court actions (for equitable relief or otherwise subject to arbitration) is Los Angeles, CA.
Notice to New Jersey Residents
Certain exclusions/limitations may not apply to New Jersey consumers as provided by applicable New
Jersey statutes.
Electronic Communications, Transactions & Signatures
You consent to electronic communications and records, including electronic signatures, contracts, orders,
and notices.
Website Content & License
Site content and marks are owned by or licensed to Modern Sofa. You receive a limited license for
personal, non-commercial use. All other rights reserved.
General
No waiver by failure to enforce. If any provision is invalid, it will be limited to preserve enforceability. You
may not assign without our consent; we may assign. California law governs. This Agreement is the entire
understanding. No agency, partnership, joint venture, or employment is created.