Terms of Service

Last Updated: April 2, 2025

1. INTRODUCTION

Ocean Modern’s products and services are provided by Ocean Modern, Inc. (“Ocean Modern,” “we,” “our,” or “us”). These Terms of Service (“Terms”) constitute a legally binding contract between you and Ocean Modern and govern your access to and use of Ocean Modern’s website, mobile applications, and other services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirements

You must be at least 16 years old to use our Services. If you are between the ages of 16 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Creation

You may need to create an account to access certain features of our Services. When registering for an account, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete.

2.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

2.4 Business Accounts

If you are creating an account on behalf of a business, organization, or other entity (a “Business”):

• You represent and warrant that you have the authority to bind the Business to these Terms
• You agree to these Terms on behalf of such Business
• References to “you” in these Terms will refer to both you individually and the Business

3. PRIVACY

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By using the Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy, which is incorporated by reference into these Terms.

4. CHANGES TO TERMS OR SERVICES

4.1 Updates to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice through the Services, via email, or by other means to provide you the opportunity to review the changes before they become effective. Your continued use of the Services after the changes become effective constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

4.2 Changes to Services

We may update, modify, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

5. PAYMENTS AND PURCHASES

5.1 Payment Terms

If you purchase any goods or services (“Products”) through our Services, you agree to pay all applicable fees, taxes, and shipping charges. All payments are non-refundable except as expressly provided in these Terms or as required by applicable law.

5.2 Payment Authorization

By providing your payment information, you:

• Authorize us to charge your designated payment method for all purchases
• Authorize us to store your payment information to facilitate future purchases
• Represent that you are legally authorized to use the payment method provided

5.3 Pricing and Errors

We strive to provide accurate pricing for Products offered through the Services. However:

• All prices are subject to change without notice
• We reserve the right to correct any pricing errors
• We reserve the right to refuse or cancel orders based on pricing errors
• We are not obligated to provide Products at an incorrect price

5.4 Returns and Refunds

For information about our return and refund policies, please visit our Returns and Refunds Policy page.

6. YOUR RIGHTS AND RESTRICTIONS

6.1 License Grant

Subject to your compliance with these Terms, Ocean Modern grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.

6.2 Restrictions on Use

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable laws
• Use the Services for any commercial purpose without our prior written consent
• Copy, reproduce, distribute, modify, or create derivative works of any content from the Services, except as expressly permitted
• Use data mining, robots, scraping, or similar data gathering methods
• Attempt to gain unauthorized access to any portion of the Services
• Interfere with the proper operation of the Services
• Bypass any measures we may use to prevent or restrict access to the Services
• Use the Services in a manner that could disable, overburden, or impair the Services

6.3 Limited Personal Use

You may print a reasonable number of copies of content from the Services for personal, non-commercial use, provided that:

• You retain all copyright and proprietary notices
• You provide attribution to Ocean Modern
• The material is printed in its entirety without modification
• Such copies remain subject to these Terms

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All right, title, and interest in and to the Services (excluding User Content) are and will remain the exclusive property of Ocean Modern and its licensors. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries.

7.2 Trademarks

The Ocean Modern name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ocean Modern or its affiliates. You may not use such marks without the prior written permission of Ocean Modern.

7.3 Feedback

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you grant Ocean Modern an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use the Feedback for any purpose.

8. USER CONTENT

8.1 Definition

“User Content” means any content that you post, upload, share, store, or otherwise provide through the Services, including photos, collections, comments, recommendations, annotations, credits, and links.

8.2 Ownership

You retain all ownership rights in your User Content. However, by submitting User Content to the Services, you grant Ocean Modern a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting the Services.

8.3 Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
• Your User Content does not violate any applicable law or regulation
• Your User Content is not defamatory, obscene, or otherwise objectionable

8.4 Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any User Content for any reason, including violation of these Terms or applicable laws.

8.5 Survival of License

The license granted in Section 8.2 will survive termination of your account or these Terms. Even after you remove your User Content from the Services, copies may remain in cached or archived pages, or may have been retained by other users.

9. PROHIBITED CONDUCT

9.1 General Prohibitions

You agree not to do any of the following while using the Services:

• Violate any applicable law or regulation
• Infringe upon the rights of others, including intellectual property rights
• Harass, threaten, or intimidate any person
• Post or transmit any content that is illegal, fraudulent, or offensive
• Impersonate any person or entity
• Interfere with the proper functioning of the Services
• Engage in any activity that disrupts or diminishes the quality of the Services
• Attempt to gain unauthorized access to the Services or related systems

9.2 Technical Restrictions

You agree not to:

• Access, tamper with, or use non-public areas of the Services
• Probe, scan, or test the vulnerability of any system or network
• Breach or circumvent any security or authentication measures
• Access or search the Services by any means other than our publicly supported interfaces
• Send altered, deceptive, or false source-identifying information
• Interfere with or disrupt the access of any user, host, or network

10. THIRD-PARTY LINKS AND CONTENT

10.1 Third-Party Links

The Services may contain links to third-party websites, applications, or services. These links are provided for your convenience only. We do not control or endorse any third-party sites, and we are not responsible for their content, privacy practices, or terms of use. Your use of third-party sites is at your own risk and subject to the terms and conditions of those sites.

10.2 Third-Party Content

The Services may display content from third parties. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. Any concerns regarding third-party content should be directed to the third party.

10.3 Ocean Modern Widgets and Buttons

You may use Ocean Modern buttons, links, and widgets subject to these Terms, provided that you:

• Link only to the Services
• Do not modify the buttons, links, or widgets
• Do not use them in a way that suggests Ocean Modern endorses or operates any other website

We reserve the right to revoke this permission at any time for any reason.

11. COPYRIGHT POLICY

11.1 DMCA Compliance

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

11.2 Reporting Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please report it by emailing our designated copyright agent at copyright@oceanmodernhome.com with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Services
• Your contact information, including address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

11.3 Repeat Infringers

We have a policy of terminating the accounts of users who repeatedly infringe the intellectual property rights of others.

12. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

OCEAN MODERN SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OCEAN MODERN DOES NOT WARRANT THAT THE SERVICES: (A) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) WILL BE UNINTERRUPTED OR ERROR-FREE; (C) WILL MEET YOUR REQUIREMENTS; OR (D) WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OCEAN MODERN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR

(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OCEAN MODERN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OCEAN MODERN’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) $200.00 USD OR (B) THE AMOUNT PAID BY YOU TO OCEAN MODERN FOR THE 12 MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.

THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ocean Modern, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any rights of another person or entity

We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

15. TERMINATION

15.1 Termination by You

You may terminate your account at any time by following the instructions in the Services or by contacting us at support@oceanmodernhome.com.

15.2 Termination by Ocean Modern

We may suspend or terminate your access to and use of the Services at any time, for any reason, and without prior notice or liability to you.

15.3 Effect of Termination

Upon termination:

• Your license to use the Services will immediately cease
• Your access to your account may be disabled
• We may delete your account information and User Content
• We may keep your User Content for backup, archival, or audit purposes

15.4 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

16. DISPUTE RESOLUTION

16.1 Binding Arbitration

YOU AND OCEAN MODERN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION AND NOT IN A COURT OF LAW.

16.2 Exceptions

The following are not subject to arbitration:

• Small claims court cases that qualify
• Intellectual property disputes (such as copyright, trademark, or patent infringement)
• Actions seeking injunctive relief

16.3 Class Action Waiver

YOU AND OCEAN MODERN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Arbitration Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

16.5 Arbitration Process

• A party who intends to seek arbitration must first send a written notice of the dispute to the other party
• The notice must describe the nature and basis of the claim and the relief sought
• If the dispute is not resolved within 60 days after the notice is received, either party may commence arbitration
• The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Rules
• The arbitration will be conducted in Wilmington, Delaware, unless you and Ocean Modern agree otherwise
• The arbitrator will have exclusive authority to resolve all disputes, including the validity, interpretation, and enforceability of this arbitration agreement

16.6 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

16.7 Opt-Out

You can opt out of this arbitration agreement by notifying Ocean Modern in writing within 30 days of the date you first agreed to these Terms. Your notice must include your name and address, the email address you used to set up your account, and a clear statement that you want to opt out of arbitration. Send your opt-out notice to: arbitration-opt-out@oceanmodernhome.com.

17. GOVERNING LAW AND VENUE

These Terms and any Disputes will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. For any Disputes not subject to arbitration, you and Ocean Modern agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Wilmington, Delaware. You further agree to accept service of process by mail and waive any objection to the jurisdiction of those courts based on an inconvenient forum.

18. MISCELLANEOUS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Ocean Modern concerning the Services.

18.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, it shall be considered modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision will not affect the validity and enforceability of the rest of these Terms.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Ocean Modern’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights under these Terms to a third party without restriction and without notice to you.

18.5 Notices

Any notices or other communications provided by Ocean Modern under these Terms will be given by posting to the Services or by email to the address associated with your account.

18.6 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services.

18.7 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.

18.8 Export Controls

You agree to comply with all applicable export control laws and regulations in your use of the Services.

18.9 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Ocean Modern, Inc. 1968 S Coast Hwy, Suite 1709
Laguna Beach, CA 92651
Email: info@oceanmodernhome.com

Effective Date: April 2, 2025

This Terms of Service supersedes any prior versions.