MODRN MAN does not routinely monitor your postings and submissions to the website but reserves the right to do so. However, in MODRN MAN’s efforts to promote good citizenship within the Internet community, if MODRN MAN becomes aware of inappropriate use of the website, MODRN MAN will respond in any way that, in its sole discretion, MODRN MAN deems appropriate. You acknowledge that MODRN MAN will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, MODRN MAN will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You are solely responsible for the photos, profiles (including your name, image, and likeness), submissions, messages, notes, text, information, photos, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website or mobile application, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website or mobile application that you did not create or that you do not have permission to post. You understand and agree that MODRN MAN may, but is not obligated to, review the website and mobile application and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of MODRN MAN violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website, its mobile application, or provide to MODRN MAN. You agree that under no circumstances will MODRN MAN be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to MODRN MAN.
When you post User Content to the website or mobile application, you authorize and direct MODRN MAN to make such copies thereof as MODRN MAN deems necessary in order to facilitate the posting and storage of the User Content on the website or its mobile application. By posting User Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant to MODRN MAN an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. MODRN MAN reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website or its mobile application, provided, however, in the event MODRN MAN desires to use or publish any User Contact for a purpose other than to improve and market its products, MODRN MAN shall obtain consent from the creator of such User Content.
Gift Cards: We may offer gift certificates or other gift cards in connection with the products and services offered on the website (“Gift Cards”). Gift Cards purchased on the website are redeemable by the holder of the Gift Card, and only for products and services offered from time to time through the website. You cannot purchase a Gift Card with a previously purchased Gift Card. Gift Cards may not be combined with other offers and promotions. The remaining balance of any purchase not covered by the applicable Gift Card balance must be paid by you at the time of purchase with a valid credit card. If the balance of the applicable Gift Card is more than the total order amount, then the remainder will remain as a balance on your gift card for future purchases. Gift Cards do not expire. Gift Cards are non-transferable, non-refundable and are not redeemable for cash (except where required by state law). We cannot replace lost or stolen Gift Cards.
Auto-Replacement Program: Some of the products and services offered through the website, such as the purchase of auto-replacing products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Auto-Replacement”). When you order any product and select the Auto-Replacement option, you will have the opportunity to specify how regularly you would like to order replacement products. By choosing a recurring payment plan, you acknowledge that such the above-described initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Unless you opt out of the Auto-Replacement, any auto-replacing products you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate an Auto-Replacement, your subscription will not be renewed after your then-current term expires. All recurring payments are fully earned upon payment. YOU AGREE THAT MODRN MAN MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR WRITTEN NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT UPON SUCH TERMINATION.
All fees are payable in U.S. Dollars. For so long as your enrollment in the Auto-Replacement program is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of MODRN MAN in effect at any given time. MODRN MAN reserves the right to change its billing and shipping practices whenever necessary, in its sole discretion. Continued use of the site and/or receipt of the MODRN MAN products shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Authorization to provide and bill for our products is obtained by us by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once you provide us with your approval in any media or format, such approval constitutes your order confirmation, cancellation or payment. When you fail to make any Auto-Replacement program payments, such overdue amounts will cause your account to be deactivated, in which case no further product will be shipped to you and access to the website and its mobile application will be denied.
Closing Your Account: You or MODRN MAN may terminate your user account at any time and for any reason or no reason. We may suspend your orders for failure to process a charge for our products at any time. Once terminated, MODRN MAN may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data and order history associated with it.
Account Disputes: You are responsible for the protection and management of your account. You are responsible for the User Content you post in relation to your account and this website. MODRN MAN will not arbitrate disputes over who owns an account. You agree that you will not request access to or information about an account that is not yours and you will resolve any account-related disputes directly with the other party. MODRN MAN determines who owns an account based on the payment of fees, identification of user licenses, and the materials submitted through that account.
Indemnification for Unauthorized Activities: Submissions by users and unauthorized use of any materials contained on this website or its mobile application may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your User ID and/or password. As such, you shall indemnify and hold MODRN MAN and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your User ID and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
Third Party Interaction and Links to Third Party Websites: In your use of this website or our mobile application, you may enter into correspondence with or participate in promotions of advertisers or members or sponsors of this website or our mobile application. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that MODRN MAN has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit cards or other types of payments from you.
MODRN MAN and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.
This website and our mobile application may be linked to other websites on the World Wide Web that are not under the control of or maintained by MODRN MAN. Such links do not constitute an endorsement by MODRN MAN of any such websites. You acknowledge that MODRN MAN is providing these links to you only as a convenience, and you agree that MODRN MAN is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.
You agree that MODRN MAN shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that MODRN MAN is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release MODRN MAN, its agents, employees, successors and assigns, from any and all liability associated with such dispute.
Intellectual Property: By posting User Content, you agree to the following terms:
- Except as provided herein or otherwise agreed upon by the parties, MODRN MAN will not have any ownership rights over your User Content. However, MODRN MAN needs the following license to maintain this website and mobile application and on behalf of our other users and for MODRN MAN. You hereby grant to MODRN MAN a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, distribute for use on the website and mobile application, and otherwise display the User Content and if applicable trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the User Content, (b) MODRN MAN’s (and its affiliates’, successors', and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Trademarks in connection with the website, its mobile application and our products and promotions; and (iii) if applicable, use and publish, and permit others to use and publish, your submissions, Trademarks, names, likenesses, and personal and biographical materials of you and your posts and submissions, in connection with the website, including photographs of you. The foregoing license grant to MODRN MAN does not affect your other ownership or license rights in your User Content and submissions, including the right to grant additional licenses for your User Content.
- You are publishing your User Content, and you may be identified publicly by your name, photo or User ID in association with your User Content.
- You grant to each user a non-exclusive license to access your User Content through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions solely for personal, non-commercial use.
- You further agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MODRN MAN all of the license rights granted herein.
- MODRN MAN shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your posts, submissions or descriptions thereof.
- All information publicly posted or privately transmitted through the website is the sole responsibility of the person from which that content originated.
- MODRN MAN will not be liable for any errors or omissions in any User Content.
- MODRN MAN cannot guarantee the identity of any other users with whom you may interact while using the website.
- All content you access through the website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, MODRN MAN has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. MODRN MAN also may terminate user accounts even based on a single infringement.
Disclaimer of Warranties: Your use of this website and the MODRN MAN products is at your own risk. This website may include inaccuracies or errors that may affect the quality of the materials or products offered through the website. The materials and products offered have not been independently verified or authenticated in whole or in part by MODRN MAN. MODRN MAN has no liability for any faults, errors or omissions in any content or other products offered through the website, whether provided by MODRN MAN or third parties.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. MODRN MAN, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. MODRN MAN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF MODRN MAN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, MODRN MAN DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NEITHER MODRN MAN, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MODRN MAN shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or this website, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
You agree that MODRN MAN’s entire liability for all claims arising hereunder or otherwise related to this website, its mobile application, or MODRN MAN’s products (collectively, “Claims”) shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to MODRN MAN in the one month period immediately preceding the incident on which your alleged Claim is based. This limitation of liability shall apply for all Claims, regardless of whether MODRN MAN was aware of or advised in advance of the possibility of damages or such Claims. The warranties and representations specifically set forth in herein are the only warranties and representations with respect to the subject matter hereof, including the website, mobile application, and any MODRN MAN products, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Product Disclaimer: MODRN MAN is committed to improving the well-being of its customers by providing safe and effective products made with quality ingredients. You understand, however, that, while our products have been tested for safety in compliance with the Food and Drug Administration programs, our products are not intended to diagnose, treat, cure or prevent any disease. The information on this website, its mobile application, or in emails or other correspondence is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that you should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor or physician. You further understand that our products are not intended for use by persons under 18 years of age. You also understand that our products are not intended or to be used to treat any type of medical condition. You agree that you either have consulted, or will consult, with a physician or doctor before using any of our products, particularly if you suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, over-the-counter (“OTC”) and/or other herbal medications, and you agree that you will cease immediately from using our products if you experience any ill effects or unintended side effects. While MODRN MAN endeavors to provide you with accurate information about our products, you understand and agree that the information we provide about our products and/or the efficacy of our products, is obtained from independent third parties such as scientific reports and scientific/research entities (“Third Parties”). MODRN MAN does not warrant or represent that such information is error-free, and MODRN MAN does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All product specifications, performance data, and other information on the website or its mobile application is for informational and illustrative purposes only, and does not constitute a guarantee or representation that our products will conform to such specifications or performance data.
MODRN MAN does not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who use our products. Individual results will vary from person to person.
WARNING: Consult a physician before using this product if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Inaccuracies or Errors: The descriptions, materials, user submissions, and other representations of products on or made available through this website may contain inaccuracies and errors. MODRN MAN does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products offered through this website may change without notice to you at any time in MODRN MAN's or a third party’s sole discretion.
Local Laws; Export Control: MODRN MAN controls and operates this website from its headquarters in the United States of America and makes no representation that its products and materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Returns and Refund: Returns and refunds of products purchased through the website are governed by the following Returns & Refunds policy:
- Please do not return any product to us without first obtaining a return identification number from MODRN MAN. Please note that any packages marked "refused" or "Return to sender" will not be processed as a refund. You must obtain a return identification number first.
- If you do not receive your shipment within five working days from the date you placed your order, please contact us immediately so we can address the situation appropriately. All products must be returned to the below address:
Attention: MODRN MAN Returns
3525 Del Mar Heights Rd, #1068
San Diego, CA 92130
- We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company.
- We reserve the right to replace any damaged products in lieu of refunding them at our sole discretion.
- We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
- In order to request a refund, you must contact our Customer Service Department. If a refund is warranted, you will be provided with a return identification number and instructions on how to proceed.
- Once a return identification has been issued to you, you will automatically receive a return identification email confirmation and authorization.
- In order for your refund to be processed, you must include your return identification number written on the outside of your shipment in large and legible print.
- We must receive the remaining product back to our fulfillment facility in good condition, and once it is received and the return identification number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to five days to appear on your credit card statement.
- Products returned to us within 30 days after the initial purchase may be eligible for a full money back guarantee, whether or not you have opened and used the products.
- Products returned to us more than 30 days after the initial purchase may be eligible for an exchange of store credit in an amount to be determined at our sole discretion, provided that such products remain unopened and unused.
- Shipping and handling costs are not refundable.
- You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.
Contact Details: Contact customer service at (619) 736-1298 Monday thru Friday 8:00am – 5:00pm Pacific Standard Time.
No Class Actions: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
If we have to provide information in response to a subpoena related to your account or license, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.