Terms of service
TOUCH OF MODERN
Terms of Service
Last modified: May 9, 2026
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER. PLEASE REVIEW THE ARBITRATION SECTION CAREFULLY — THESE CLAUSES LIMIT YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS, AS DESCRIBED IN THE ARBITRATION SECTION.
Overview
Welcome to Touch of Modern. The terms “we,” “us,” and “our” refer to TOMO Services LLC, a Delaware limited liability company doing business as Touch of Modern (the “Company,” “Touch of Modern”). Touch of Modern operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Touch of Modern is powered by Shopify, which enables us to provide the Services to you. The terms below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Acceptance of the Terms
These Terms set forth the legally binding terms for your use of the various websites owned and operated by TOMO Services LLC d/b/a Touch of Modern (“Touch of Modern,” the “Company,” “we,” “us,” or “our”), including, without limitation, the touchofmodern.com website (the “Website”), the mobile application offered by Touch of Modern (the “App”), your purchase of the products sold through our Website and App (the “Products”), and any other features, content, or applications offered from time to time by Touch of Modern in connection with the above (collectively, the “Services”).
Please read the Terms carefully before you start to use the Services. By visiting, interacting with, or using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.touchofmodern.com/privacy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services, including the Website or the App.
Eligibility
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company under the law of your state or province of residence and meet all of the foregoing eligibility requirements. You also represent that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. If you do not meet all of these requirements, you must not access or use the Services.
Account
To use the Services, including accessing or browsing our Website or App or purchasing any Products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
Terms of Sale
Our Products
We have made every effort to provide an accurate representation of our Products in the Services. However, colors, finish, scale, and product appearance may differ from how they appear on your screen due to the type of device you use to access the Services and your device settings. We do not warrant that the appearance or quality of any Product purchased by you will be identical to how it is depicted in the Services. All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any Product at any time and may limit the quantities of any Products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Orders
When you place an order, you are making an offer to purchase. Touch of Modern reserves the right to accept or decline your order for any reason in its sole discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Touch of Modern may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was placed. Your purchases are subject to return or exchange in accordance with our Return Policy and applicable law. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Prices, Promotions, and Reference Pricing
Prices, discounts, and promotions are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Where we display a comparison or “compare-at” price (for example, an MSRP, a former selling price, or a prevailing market price), that comparison price is intended to be a bona fide reference price for which we maintain reasonable substantiation. We do not advertise discounts off fictitious or inflated prices.
The price displayed for each Product on our Website or App reflects all mandatory fees we charge in connection with the purchase of that Product, other than government taxes and shipping charges, which are calculated and disclosed at checkout. You will not be charged any mandatory “handling,” “processing,” “service,” or similar fee that was not included in the displayed Product price.
Payment
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and applicable taxes.
We strive to display accurate price and availability information; however, we may, on occasion, make typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, including after an order has been submitted or accepted. If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or refund your order.
Shipping and Delivery
You shall pay for all shipping and handling charges specified during the ordering process. We will use commercially reasonable efforts to ship Products within any shipping window stated on the relevant Product page or order confirmation. Where no shipping time is stated, we will ship within 30 days of order acceptance, consistent with the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435). If we are unable to ship a Product within the applicable time, we will notify you and offer you the option to consent to a delay or to cancel the affected portion of your order and receive a prompt refund.
All delivery times are estimates only and, except as required by applicable law, are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, customs processing, weather, or events outside our control. Once we transfer Products to the carrier, title and risk of loss pass to you, except where applicable law provides otherwise.
Returns, Refunds, and Defective or Damaged Products
Please review our Return Policy carefully before purchasing. The Return Policy is incorporated into these Terms by reference and describes which Products are eligible for return or exchange, the time periods for doing so, and the procedure for initiating a return.
• Visible shipping damage. If your Product arrives with visible damage caused in transit, please notify us at support@touchofmodern.com within 48 hours of delivery so we can document the carrier claim and arrange a replacement, refund, or other appropriate remedy.
• Defective, incorrect, or non-conforming Products. If a Product you receive is defective, materially different from its description, or otherwise non-conforming, please contact us at support@touchofmodern.com. We will work with you to provide a replacement, refund, or other remedy in accordance with the Return Policy and applicable law. Manufacturer warranties (if any) are independent of, and do not limit, your rights under these Terms or applicable law.
• Final sale Products. Products designated as “final sale” or “non-returnable” are not eligible for discretionary return or exchange. This designation does not waive any rights you may have under applicable law if a final-sale Product is defective, damaged, materially misdescribed, or otherwise non-conforming.
You are responsible for return shipping and handling charges except where the return is due to our error or a defective, damaged, or non-conforming Product. You bear the risk of loss during return shipment unless otherwise required by applicable law, and we recommend that you fully insure return shipments and use a carrier that can provide proof of delivery.
Refunds or exchanges are processed after we receive and inspect the returned item. Please allow up to 2 to 3 weeks for processing. Refunds may be issued in the form of store credit, a gift card, or a refund to the original method of payment. Original payments made by cash or check are refunded by company check from our corporate office within 2 to 3 weeks of the item being received in our warehouse.
Special Offers
Occasionally we will offer special promotions. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Goods Not for Resale or Export
You represent and warrant that you are buying Products from the Services for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States of America and Canada (where shipping is offered), and that you will not export or re-export any Product to any jurisdiction subject to U.S. trade sanctions, or to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals.
Additional Terms
Some of our services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a service, we will make them available for you to read through your use of that service. By using that service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms.
If you submit, upload, or share content on social media or other platforms, we may invite you to authorize us to repost or reuse that content. Any such reposting will be governed by a separate consent process and any additional terms we make available at the time of consent.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, media, displays, images, video and audio, and the design, selection, and arrangement thereof, and other content available on the Website and the App), and our trademarks, logos, and brand elements are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The look and feel of the Website and Services are copyright © TOMO Services LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Touch of Modern.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify Inc. and its affiliates. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. Except as expressly provided in these Terms, nothing herein shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Touch of Modern, Shopify, or any third party.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, nor use any such material to train, develop, fine-tune, or evaluate any artificial intelligence model, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company, Shopify, or users of the Services, or expose them to liability.
• To collect or track the personal information of others, or to spam, phish, pharm, or pretext the Services.
• To use any robot, spider, scraping, data-gathering or extraction tool, automatic device or process, or any artificial intelligence agent (including agentic AI tools), or any automated or manual means to access, scrape, copy, harvest, train models on, or otherwise extract content or data from the Services.
• To interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, rate limits, or other measures we employ to restrict access to the Services, including any CAPTCHA or human-verification challenge.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper work of the Services.
Agents
This section (the “Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in this section. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services. Agents must:
• identify, in all HTTP/HTTPS requests, that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user-agent string: “Agent/[agent name]”;
• not conceal or obfuscate that any access, use, or interactions are from an Agent, including by mimicking human behavior, completing or circumventing CAPTCHAs, or circumventing other measures intended to distinguish computer use from humans;
• respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and
• not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
User Contributions and Feedback
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution to the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such material in any medium, for any purpose, including for commercial use.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All your User Contributions do and will comply with these Terms.
• Your User Contributions are truthful and reflect your honest opinions and experience, and you have disclosed any compensation, free product, discount, employment, or other material connection or incentive you have received in connection with your User Contributions, as required by the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255) and the FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Content Standards
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person, including by posting fake, paid-for-undisclosed, or AI-generated reviews that misrepresent personal experience.
• Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement (DMCA)
If you believe that any User Contributions violate your copyright, please send our designated copyright agent a notice of copyright infringement. Our current designated DMCA agent contact information, including the agent’s physical and email address, is published on the Website and registered with the United States Copyright Office at https://www.copyright.gov/dmca-directory/. It is the policy of the Company to terminate the user accounts of repeat infringers in appropriate circumstances. Please include the following information in your notice:
• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
Counter-Notification. If you believe content you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our copyright agent at the address above containing: (a) your physical or electronic signature; (b) identification of the material removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in the district where you reside (or, if outside the United States, in any judicial district in which Touch of Modern may be found) and that you will accept service of process from the person who provided the original notification or that person’s agent. Upon receipt of a valid counter-notification, we may, in our discretion, restore the removed material in accordance with 17 U.S.C. § 512(g).
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Errors, Inaccuracies, and Omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Privacy
We process personal information about you as described in our Privacy Policy, available at https://www.touchofmodern.com/privacy. The Privacy Policy explains the categories of personal information we collect, the purposes for which we use it, the parties with whom we share it, and the rights you have under applicable privacy laws — including the California Consumer Privacy Act and California Privacy Rights Act, as well as comparable laws in other states — to know, delete, correct, opt out of certain processing, and limit our use of sensitive personal information.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for us. Information you submit to the Services may be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide services to us. Certain personal information may also be subject to Shopify’s privacy policy, available at https://www.shopify.com/legal/privacy.
Notice to California Users
Under California Civil Code §1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at support@touchofmodern.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents also have rights under the California Consumer Privacy Act and California Privacy Rights Act, as described in our Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on the Website.
• Send e-mails or other communications with certain content, or links to certain content, on the Services.
• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in immediately ceasing any unauthorized framing or linking. We reserve the right to withdraw permission to link without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Third-Party Links and Optional Tools
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any such use is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). New features, tools, and resources offered through the Services in the future shall be deemed part of the Services and subject to these Terms.
Relationship with Shopify
Touch of Modern is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make on or through the Services are made directly with Touch of Modern. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Touch of Modern, including any injury, damage, or loss resulting from purchased Products or Services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Touch of Modern.
Text Messaging Terms
To the extent that we offer text messaging services (each, an “SMS Service”), and if you sign up or agree to participate in any such service, these Terms and our Privacy Policy apply to such programs. We may operate separate SMS programs for marketing messages and for transactional or order-related messages, and your consent to one program does not constitute consent to the other.
Signing Up and Opting In
Enrollment in an SMS Service requires you to provide your mobile phone number. Please only provide your own mobile phone number. You may not enroll if you are under 18 years old. Before an SMS Service will start, you will need to verify the mobile phone number you provided by responding to a text message that affirms your choice to opt in to that SMS Service and your agreement to these Terms.
By opting in to a marketing SMS Service, you provide your prior express written consent under the Telephone Consumer Protection Act (47 U.S.C. § 227) to receive recurring autodialed and prerecorded marketing text messages from Touch of Modern at the mobile number you provide. Your consent to receive marketing messages is not a condition of any purchase. By opting in to a transactional SMS Service, you authorize us to send you order, shipping, account, and similar service-related messages.
Note that in affirming this message, you acknowledge that notices about your order will be sent to the number you provide and whoever has access to that mobile phone or the carrier account may be able to see this information. Text messages may include cart abandonment messages. Message frequency varies.
Opting Out
You may opt out of any SMS Service at any time by replying STOP to any text message you have received from that SMS Service, or by using any other reasonable method that clearly communicates your desire not to receive further messages (for example, by emailing support@touchofmodern.com with your mobile number and the SMS Service from which you wish to opt out). We will honor opt-out requests within a reasonable time and in accordance with applicable law. After you opt out, you may receive a single confirmation message and you will not receive further marketing or transactional messages from that SMS Service.
Message and Data Rates May Apply
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation text message and all subsequent text message correspondence according to your individual rate plan. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred as a result of using an SMS Service. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person who has access to your wireless device or telephone number.
An SMS Service may not be available on all wireless carriers. If your wireless carrier does not permit text messages, you may not receive the text messages. The Company may add or remove any wireless carrier from an SMS Service at any time without notice.
For help, reply HELP to any text message you receive from us, or email support@touchofmodern.com.
Mobile Phone Number Change
If you change or deactivate the mobile phone number you have provided, you have an affirmative obligation to update your account information so that we do not inadvertently communicate with anyone who acquires any phone number(s) previously attributed to you.
App Store Terms (Apple and Google)
If you download the App from the Apple App Store, you acknowledge and agree that: (a) these Terms are concluded between you and Touch of Modern only, and not with Apple Inc., and Apple is not responsible for the App or its content; (b) Apple has no obligation to furnish any maintenance or support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any), and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (d) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App; (e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your use of it infringes intellectual property rights; (f) you must comply with all applicable third-party terms of agreement (e.g., your wireless carrier’s data plan) when using the App; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to use the App, and Apple has the right to enforce these Terms against you as such third-party beneficiary.
If you download the App from Google Play, you acknowledge that the Google Play Terms of Service govern your use of Google Play and that, as between Touch of Modern and Google, Touch of Modern is solely responsible for the App.
Termination
We reserve the right to not provide the Services to any person. We also reserve the right to terminate any user’s right to access the Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Website and Services automatically terminates.
The following sections will continue to apply following any termination: Intellectual Property, User Contributions and Feedback, Errors and Inaccuracies, Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, Governing Law, Severability, Waiver and Entire Agreement, Assignment, and any other provisions that by their nature should survive termination.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, APP, AND SERVICES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE SERVICES, WEBSITE, CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY, SHOPIFY, NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE WARRANTY OR REMEDY YOU MAY HAVE UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, APP, OR SUCH OTHER WEBSITES OR APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, Shopify, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, proceedings, demands, losses, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Arbitration
Your 30-Day Right to Opt Out
You have the right to opt out of this Arbitration section. If you do not wish to be bound by it, you must notify us in writing within 30 days of the date you first accept these Terms by emailing arbitration-optout@touchofmodern.com with the subject line “Arbitration Opt-Out” and including your full name, mailing address, email address, and a clear statement that you do not wish to resolve disputes through arbitration. An opt-out under this paragraph applies only to this Arbitration section and does not affect any other provision of these Terms.
Agreement to Arbitrate
Except as set forth below, you and we agree that we will resolve all disputes, whether asserted or unasserted, accrued or unaccrued, and present or future, between us (including any such disputes between you and a third-party agent of ours, and any disputes that arose prior to your acceptance of these Terms) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below).
Informal Dispute Resolution
Before pursuing a Claim in arbitration, you and we must participate in an informal dispute resolution process in an attempt to resolve our dispute. Before filing any demand for arbitration or initiating an action in court, you must provide notice of dispute to us at the email address listed in the Contact Information section, including your name, email address, phone number, mailing address, a detailed description of the dispute, the specific relief sought, and your personal signature verifying the accuracy of your submission. We will provide a corresponding notice if we initiate a dispute. Either party may communicate directly with the other in an effort to satisfy or resolve any dispute. The party receiving notice may demand an informal dispute resolution conference via telephone or videoconference, which may be attended by counsel for both sides. The informal dispute resolution period will last sixty (60) days, during which neither party may initiate proceedings in arbitration or court. Failure to participate in the informal dispute resolution process will constitute a material breach of these Terms.
Arbitration Provider and Rules
All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each, a “Claim”), if not resolved by the informal dispute resolution process, shall be submitted for binding arbitration administered by JAMS in accordance with JAMS’s Rules. For Claims where the amount in controversy is less than $75,000, JAMS’s Streamlined Arbitration Rules will apply; for Claims where the amount in controversy is $75,000 or greater, JAMS’s Comprehensive Arbitration Rules will apply, in each case in effect as of the date the informal dispute resolution process commences. JAMS’s Consumer Arbitration Minimum Standards apply to and govern any consumer arbitration administered under this section, and to the extent any provision of these Terms (including this Arbitration section) conflicts with those Minimum Standards, the Minimum Standards control. Should JAMS refuse to administer the arbitration or be unavailable, the arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Consumer Arbitration Rules (or, where applicable, the AAA Commercial Arbitration Rules). If neither JAMS nor AAA can administer the arbitration consistent with the rules, procedures, and terms of this Arbitration section, the parties will select an alternative arbitral forum with comparable consumer rules and fees. If the parties cannot agree, either party may petition a court of competent jurisdiction in Delaware to appoint an arbitrator pursuant to 9 U.S.C. § 5.
Mass Arbitration
If 25 or more similar demands for arbitration are filed by the same or coordinated counsel within a 60-day period or otherwise close in proximity, we will follow JAMS’s Mass Arbitration Procedures and Guidelines (or AAA’s Mass Arbitration Supplementary Rules, as applicable), in effect as of the date the informal dispute resolution process commences, including a bellwether and global mediation process. The parties shall first select ten individual claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration; remaining claims will be held in abeyance pending resolution of the Initial Test Cases. Following the Initial Test Cases, the parties will participate in a 90-day global mediation. If global mediation does not resolve the remaining claims, those claims will proceed individually pursuant to the applicable mass arbitration procedures and fee schedule. Any applicable statute of limitations will be tolled pending resolution of the bellwether and global mediation process. Nothing in this paragraph is intended to override or limit any consumer protections required under JAMS’s Consumer Arbitration Minimum Standards.
Arbitration Procedures and Confidentiality
The arbitration will be heard and determined by a single arbitrator, subject to the mass arbitration provisions above. The arbitrator, and not a court, shall determine any question of arbitrability of any Claim and any question involving the scope of any arbitration. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this Arbitration section. Substantive issues not resolved by the Federal Arbitration Act will be decided under Delaware law. The parties agree that the arbitration proceedings, including pleadings, briefs, testimony, and awards, will be kept confidential, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations, or as otherwise specifically permitted by applicable law.
Fees
The initiating party must pay any filing fees that the arbitration provider requires the initiating party to pay. The remainder of administrative and arbitrator fees and costs will be allocated as set forth in the applicable arbitration provider’s rules and consumer minimum standards, unless the arbitrator determines a claim or filing is frivolous, in which case the arbitrator may shift fees as permitted by those rules. If you meet the standard for proceeding in forma pauperis in federal court, in Delaware state court, or in the courts of your state of residence, and the arbitration provider does not waive your filing fees, we will pay the filing fees for you.
Court Actions Not Subject to Arbitration
This Arbitration section does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Class Action Waiver
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, except as expressly described in the Mass Arbitration paragraph above. The arbitrator may award the same damages or other relief available under applicable law on an individual basis, including injunctive and declaratory relief, but may not issue a “public injunction.” Any prayer or claim for a “public injunction” may be awarded only by a federal or state court, which the requesting party shall be permitted to pursue after the arbitration is completed.
Severability of This Arbitration Section
If any provision of this Arbitration section is found to be invalid or unenforceable, that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this Arbitration section will be effective or enforceable unless recorded in a writing signed by the party waiving such right or requirement. This Arbitration section will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE APP, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.
General Provisions
Force Majeure
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any cause beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, governmental action or order, war, terrorism, riot, civil unrest, labor disputes, strikes, supply-chain disruptions, shortages of materials or transportation, failures of telecommunications or internet service providers, cyberattacks, or any other event of force majeure. Nothing in this paragraph excuses our obligations under the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule with respect to delayed shipments.
Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict-of-laws rules or provisions, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration section.
For any action arising out of or relating to these Terms, the Website, the App, or the Services that is not subject to the Arbitration section (including any application for provisional relief, any claim brought in small claims court, and any proceeding to enforce an arbitration award), you and we agree to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware, and each party consents and submits to such jurisdiction and venue.
Severability
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The unenforceable portion shall be reformed only to the extent necessary to make it enforceable.
Waiver and Entire Agreement
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of our right to enforce such right or provision. These Terms, together with the Privacy Policy, the Return Policy, and any other policies posted on the Services, constitute the entire agreement between you and Touch of Modern with respect to the Services and supersede any prior or contemporaneous agreements, communications, and proposals (oral or written). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Assignment
You may not delegate, transfer, or assign these Terms or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be null and void. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without notice to you.
Electronic Communications
By using the Services, you consent to receive communications from us electronically — including by email, text message, or notice posted on the Services — and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. This consent applies to all transactions and disclosures, including those required under the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and any state-law analog. You may withdraw this consent by closing your account, but doing so may also terminate your ability to use the Services.
Accessibility
Touch of Modern is committed to making the Services accessible to everyone, including individuals with disabilities. We strive to substantially conform to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. If you have difficulty accessing any feature or content on the Services, please contact us at support@touchofmodern.com and we will work with you to provide the information, item, or transaction you seek through a communication method accessible to you.
Headings
The headings used in these Terms are for convenience only and will not limit or otherwise affect these Terms.
Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. You can review the most current version of these Terms at any time on this page. We will notify you of any material changes to these Terms in accordance with applicable law — for example, by posting a prominent notice on the Services, by email if you have provided one, or by other commercially reasonable means — and such material changes will be effective on the date specified in the notice (which will be no earlier than the date of notice unless required for legal or security reasons). Your continued use of the Services following the effective date of any revised Terms constitutes your acceptance of those changes.
Contact Information
The Website and the App are operated by the Company.
TOMO Services LLC d/b/a Touch of Modern
3216 E Cactus Rd, Phoenix, AZ 85032
All notices of copyright infringement claims should be sent to our designated DMCA agent at the address published on the Website and registered with the U.S. Copyright Office, with a copy by email to dmca@touchofmodern.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@touchofmodern.com.