Re:mode Terms of Use – remode

Re:mode Terms of Use

Last Updated: June 1, 2022

Welcome to www.remodelife.com, a platform operated by Ningbo Re Mode Network Technology Co., Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Re: Mode. We offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

INTRODUCTION

Please review these terms and conditions, which govern your use of Re:Mode (https://www.remodelife.com), the Re: Mode Personal Accounts (“Personal Account” and related services, and any mobile applications, such as the Re: Mode applications available on your mobile device and any other site on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions.

 

  1. YOUR USE OF THE SITE

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.

  1. PLACEING YOUR ODER ON THE SITE

All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.

     3.  ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Re: Mode reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Re: Mode reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Re: Mode Rewards Program described below. Re: Mode reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Re: Mode's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. 

 

  1. ABOUT OUR PRICE

Where a product listing on our Site references a higher price, typically denoted by a strike-through (e.g. "$549"), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strike-through price is presented that represents a recent previous price before the Flash Deal promotion.

We do not price match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.

 

  1. USER-GENERATED CONTENT

As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Re: Mode and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Re: Mode and its affiliates, licensees and sub-licensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to Re: Modes.com may appear on Re: Modes.ca and/or the website of an entity affiliated with Re: Mode. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Re: Mode may use submitted Content in any manner that Re: Mode deems appropriate or necessary in its sole discretion. Re: Mode and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.

You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Re: Mode is not responsible for any Content that you submit to the Site.

By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Re: Mode and its affiliates, licensees and sub-licensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Re: Mode.

If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Re: Mode and its affiliates, licensees and sub-licensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Re: Mode deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.

Re: Mode does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Re: Mode does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Re: Mode reserves the right to remove any Content from the Site without notice and in Re: Mode sole discretion; however, you acknowledge and agree that Re: Mode is under no obligation to you to police, monitor or remove Content, and Re: Mode makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.

 

  1. MOBILE SERVICES


The Re: Mode Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Re: Mode, and access certain other features (collectively, the "Mobile Services"). Re: Mode does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Re: Mode, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Re: Mode, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Re: Mode may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Re: Mode. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Re: Mode intends to send to you are not sent to another person.

For Re: Mode's "Mobile Alerts", you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts sign up page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Re: Mode Mobile Alert, contacting Customer Service at sale@remodelife.com,  We are always happy to answer.

  1. SHIPMENTS


Re:mode currently only ships products to addresses within the 48 contiguous  United States. When you place an order, we will confirm your address by sending an email to the email address you provided when you placed your order. Your placement of an order through our Website is an offer to purchase the Merchandise ordered and we may accept your order by processing your payment and shipping the Merchandise. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by Re:mode until the Merchandise has been shipped. If some of the Merchandise in your order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

 

  1. RETURNS


We want you to be happy with the Merchandise that you purchase from us. If you are not completely happy, please feel free to contact us at admin@remodelife.com with any questions or concerns, and/or refer to our return policy available at www.remodelife.com/pages/return-policy if you would like to return any Merchandise you purchased through the Services.

 

  1. INTELLECTUAL PROPERTY OWNERSHIP AND USE

 

Any intellectual property associated with the Website, including content and the trademarks, service marks, trade dress, copyrights and patents appearing on the Website or referenced in it, are the sole property of Re: Mode or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the WEBSITE except as expressly specified in this Agreement or elsewhere by Re: Mode in writing.

  1. COPYRIGHT, PATENT, AND TRADEMARK NOTICE

 

All Information and content of the Website, including but not limited to, all text, photos, graphics, audio, software, and/or video is copyrighted by Re: Mode, or its affiliates or subsidiaries ©www.remodelife.com. All rights reserved.

No portion of the Information or content may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium. Nor may any portion of the content be stored in a computer or distributed over any network except that you may download or print one copy of pages strictly for personal and non-commercial use. You shall not use any robot, spider, other automatic device or manual process or device to monitor, collect, aggregate or access Information from the Website without the prior, express written consent of Re: Mode.

Re: Mode, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, and/or registered trademarks of Re: Mode. All other product names and Re: Mode logos mentioned herein are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.

  1. DISCLAIMER OF WARRANTIES

Re: Mode intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Re: Mode EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you. 

 

  1. LIMITATION ON LIABILITY

IN NO EVENT WILL Re: Mode OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Re: Mode HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Re: Mode is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

 

  1. DISPUTE RESOLUTION

Mandatory informal dispute resolution process

Re: Mode and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Re: Mode each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Re: Mode will engage in the following informal dispute resolution process:  

  • You must first present any claim or dispute to Re: Mode by contacting the customer care center to allow Re: Mode the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Re: Mode your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.   
  • Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.  

Arbitration

Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.  

  • Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.  
  • You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Re: Mode or against any of Re: Mode subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court.    
  • You and Re: Mode agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Los Angles, California, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class-wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts Re: Mode by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.  
  • Any arbitration shall be confidential, and neither you nor Re: Mode may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.   
  • Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and Re: Mode. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts Re: Mode by law.  
  • Day Right to Opt Out


You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to the following address:Re:mode, Inc., 2216 Main Street, Suite 204, Santa Monica, CA 90405, Attn: Customer Service, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your Re:mode username (if any), the email address you submitted when you first accessed the Services, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

 

14.  GOVERNING LAW

You and Re: Mode agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the the State of California apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the State of California.

Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Re:mode agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.

 

Choice of Language

 It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

 

Notice

Where Re:mode requires that you provide an e-mail address, you are responsible for providing Re:mode with your most current e-mail address. In the event that the last e-mail address you provided to Re:mode is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Re:mode’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Re:mode at the following address: Re:mode, Inc., 2216 Main Street, Suite 204, Santa Monica, CA 90405.  Such notice shall be deemed given when received by Re:mode by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

 

  1. NOTICE TO CALIFORNIA RESIDENTS

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Re: Mode provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210. 

 

16. TERMINATION

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Re: Mode, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Re: Mode believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Re: Mode also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Re: Mode may bar any further access to the Sites. Further, you agree that Re: Mode will not be liable to you or any third-party for any termination of access to the Sites.

For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use. 

17.  CHANGE OF TERMS

You agree that Re: Mode may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

Re: Mode, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Terms, the Additional Terms (including for both PRO and Personal Accounts), any Program or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to www.remodelife.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications.

 

  1. QUESTIONS, COMPLAINTS, CLAIMS


If you have any questions, complaints, or claims with respect to Company Properties, please contact us at: sale@remodelife.com or. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.