Legal Notice
Name of company
Modern Air & TiLeWorks, LLC
Registered office
Conway, Arkansas
Contact details
info@modernairandtileworks.com
Image Rights
Modern Air &TiLeWorks, LLC exclusively owns all rights to images on this site.
Legal Notice
Terms of Use - Modern Air & TiLeWorks
These Terms of Use govern your use of this site and the purchase of products from Modern Air & TiLeWorks, LLC and modernairandtileworks.com, and our live shows (hereafter referred to as "Modern Air & TiLeWorks", "ModernAirandTile" or the "Platforms") and the use of our services such as our call center. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.
By accessing or using the Platforms, purchasing Modern Air & TiLeWorks products, or using our services you agree that the Terms of Use then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed in the Disputes section below. Your use of the Platforms also constitutes your agreement to follow and be bound by the terms of the Modern Air & TiLeWorks Privacy Policy. If you do not agree to the Terms of Use, please do not use the Modern Air & TiLeWorks Platforms, our services or purchase products through the Platforms.
Use of our Platforms, Modern Air & TiLeWorks License to You to use modernairandtileworks.com, modernairandtile.com.
Modern Air & TiLeWorks LLC, grant you permission to view and use the Platforms and to print individual pages from a Platform for your personal, non-commercial use.
The contents of our Platforms are intended solely for personal, non-commercial (other than purchases of products made through the Platforms) use by visitors. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify, reproduce, distribute, transmit, republish, display the content of the Platforms for any commercial purpose; (b) decompile, reverse engineer or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the content of the Platforms; (d) transfer the content of the Platforms to another person or (e) allow anyone else to copy any portion of the content of the Platforms. As a condition to your use of the Platforms, you represent and warrant to Modern Air & TiLeWorks that you will not use the Platforms, or any of the content of the Platforms, for any immoral or unlawful purposes or any purposes prohibited by these Terms of Use. Materials provided on the Platforms are provided as a service to Modern Air & TiLeWorks customers to be used for informational purposes only. Modern Air & TiLeWorks makes no representations about the suitability of such materials for any purpose.
Changes to the Platforms, Terms of Use and Privacy Policy
Modern Air & TiLeWorks is consistently working to improve your online experience on the Platforms; consequently, Modern Air & TiLeWorks reserves the right to change, move or delete portions of, or add to, the Platforms from time to time without notice to you. Modern Air & TiLeWorks also reserves the right to change these Terms of Use or the terms of the Modern Air & TiLeWorks Privacy Policy without providing you with prior notice of such changes. Your use of the Platforms following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Modern Air & TiLeWorks recommends that you read these Terms of Use each time you visit the Platforms. Updates to these Terms of Use will be noted by the date marker at the beginning of this document.
Product Information and Ordering from the Platforms
Unless indicated otherwise, most products featured on the Platforms will be available while supplies last. The prices displayed on our Platforms are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Platforms, please follow all ordering instructions carefully.
Prices may vary across Modern Air & TiLeWorks-affiliated channels (i.e., Live shows, events, modernairandtileworks.com and other venues. It is our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult modernairandtileworks.com and send an email to the webmaster.
Modern Air & TiLeWorks has made a conscientious effort to display its products on the Platforms accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Platforms will depend on a number of things, including your computer equipment, Internet connections, Browsers and other software and hardware. Consequently, Modern Air & TiLeWorks cannot and does not guarantee that the product images available to you on its website are accurate in every detail.
Purchasing from the Platforms
Some of the products and services featured on the Platforms can be purchased by you online. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Platforms please contact Modern Air & TiLeWorks by email under "Contact Us" on our Contact page.
Modern Air & TiLeWorks will send you a confirmation email of any order you place on the Platforms; however, your receipt of an electronic or other form of order confirmation does not necessarily signify Modern Air & TiLeWorks acceptance of your order, nor does it constitute confirmation of Modern Air & TiLeWorks offer to sell. Modern Air & TiLeWorks reserves the right at any time after receipt of your order to accept or decline your order for any reason. Modern Air & TiLeWorks reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Modern Air & TiLeWorks may require additional verifications or information before accepting your order. Modern Air & TiLeWorks is a seller to end user customers and does not accept orders from exporters, or wholesalers.
Modern Air & TiLeWorks will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the following states: AR (Arkansas). Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.
Modern Air & TiLeWorks LLC Owns the Contents of the Platforms
Disclaimer. Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will Modern Air & TiLeWorks be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if Modern Air & TiLeWorks has been advised of the possibility of such damages. Modern Air & TiLeWorks does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns.
Limitation of Liability. In no event will Modern Air & TiLeWorks, or any of our employees, directors, officers, or agents be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for use of the Platforms including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the Platforms or reliance on the content in the Platforms. This limitation of liability applies to all claims based in law, equity, contract, negligence, strict liability, tort, or otherwise.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
Indemnification by You
By using the Platforms, you agree to indemnify, defend, and hold Modern Air & TiLeWorks harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Platforms or the material provided therein and any breach by you of these Terms of Use.
Dispute Resolution and Arbitration; Class Action Waiver
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Modern Air & TiLeWorks is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Modern Air & TiLeWorks Customer Service Representatives are ready to assist you and address your concerns. Please email info@modernairandtileworks.com. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.
A. Pre-Arbitration Claim Resolution - For all disputes, you must first give Modern Air & TiLeWorks an opportunity to resolve the dispute by emailing or writing us at info@modernairandtileworks.com. Attn: General Counsel, and providing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and Modern Air & TiLeWorks arising under these Terms of Use, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and Modern Air & TiLeWorks further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by Modern Air & TiLeWorks, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and Modern Air & TiLeWorks, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action.
You and Modern Air & TiLeWorks agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
YOU AND MODERN AIR & TILEWORKS, LLC AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS OF USE, YOU AND Modern Air & TiLeWorks , LLC ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and Modern Air & TiLeWorks might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.
This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against Modern Air & TiLeWorks affiliates and related entities.
The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of these Terms of Use and the termination of your account with Modern Air & TiLeWorks or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Modern Air & TiLeWorks both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
C. Arbitration Procedures - If any dispute between you and Modern Air & TiLeWorks is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Modern Air & TiLeWorks may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on Modern Air & TiLeWorks registered agent for service of process. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and Modern Air & TiLeWorks.
Miscellaneous Provisions
The Platforms are controlled and operated by Modern Air & TiLeWorks from its offices in the United States. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of Arkansas), without regard to any conflict of law provisions, will govern these Terms of Use and any disputes or claims between you and Modern Air & TiLeWorks. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of Arkansas.