TERMS OF SERVICE
Terms of Sale
Warranty
It is expressly acknowledged and agreed that Modern Hearth & Home is not the manufacturer of the products sold through our website. Any warranties provided for products sold or distributed by Modern Hearth & Home are limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, Modern Hearth & Home expressly disclaims any and all other warranties, whether expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
Modern Hearth & Home does not and shall not assume any liability whatsoever for the use of, or defects which may be claimed in, any products sold or distributed on our website. When interacting with Modern Hearth & Home’s technical sales staff, please note that their role is to assist with identifying products. Modern Hearth & Home’s technical staff is not responsible for the installation or use of any products. We strongly advise customers to consult with a qualified, licensed installer to ensure proper selection, installation, and compliance with local codes and ordinances.
Modern Hearth & Home expressly disclaims any liability for damages, injuries, costs, or expenses incurred from the installation or use of products purchased from us. The customer agrees to indemnify, defend, and hold harmless Modern Hearth & Home, its employees, officers, directors, and agents from any such claims for damages or injuries related to the installation or use of products purchased.
Terms of Use
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this site, you agree to be bound by these terms and conditions, and all applicable laws and regulations. If you do not agree with these terms, you should not use this website.
Copyright
The content of this site, including text, graphics, logos, images, and software, is the property of Modern Hearth & Home and is protected by United States and international copyright laws. The collective work includes materials licensed to Modern Hearth & Home. You may electronically copy and print hard copies of materials from this site solely for the purpose of placing an order with Modern Hearth & Home or for purchasing Modern Hearth & Home products. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content of this site is prohibited without prior written consent from Modern Hearth & Home.
Trademark
All trademarks, service marks, and trade names used on this site are trademarks or registered trademarks of Modern Hearth & Home.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Modern Hearth & Home disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Modern Hearth & Home does not guarantee that the functions on the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server are free of viruses or other harmful components. We do not make any warranties regarding the use of materials on this site, including their correctness, accuracy, adequacy, usefulness, or timeliness.
Limitation of Liability
Modern Hearth & Home shall not be liable for any special, incidental, or consequential damages resulting from the use of, or inability to use, the materials on this site or the performance of products, even if Modern Hearth & Home has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.
Typographical Errors
In the event of a typographical or pricing error on the website, Modern Hearth & Home reserves the right to refuse or cancel any orders placed for products with incorrect pricing, regardless of whether the order has been confirmed or payment has been processed. If your credit card has been charged and your order is canceled, Modern Hearth & Home will issue a full refund.
Termination
These terms and conditions apply to you upon accessing the site and/or completing the registration or shopping process. Modern Hearth & Home may terminate these terms and conditions, or any part of them, at any time, without notice, for any reason. Provisions related to Copyright, Trademark, Limitation of Liability, Indemnification, and Miscellaneous will survive termination.
Notice
Modern Hearth & Home may deliver notice to you by email, a general notice on the site, or other reliable methods to the contact information you have provided to us.
Miscellaneous
Your use of this site shall be governed by the laws of the state of Illinois, without regard to its conflict of laws provisions. Jurisdiction and venue for any legal action arising from these terms will be in the state or federal courts located in Lake County, Illinois. You agree that any legal action arising from the use of this site must be commenced within one (1) year from the date the claim or cause of action arises.
Modern Hearth & Home’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision. Neither the course of conduct between the parties nor trade practice shall modify any of these terms and conditions.
Use of Site
Harassment, including through e-mail, chat, or the use of obscene or abusive language, is strictly prohibited on this site. Impersonating others, including employees or representatives of Modern Hearth & Home, is also prohibited. You may not upload or distribute any content that is defamatory, abusive, threatening, or illegal. You may not use the site to solicit others to join or become members of any commercial organization.
Indemnification
You agree to indemnify, defend, and hold harmless Modern Hearth & Home, its officers, directors, employees, agents, and licensors from any losses, damages, or costs, including reasonable attorneys' fees, arising from your use of the site or violation of these terms.
Third-Party Links
Modern Hearth & Home may provide links to third-party websites for your convenience. However, we do not control these sites and are not responsible for their content or privacy practices. Accessing third-party sites is done at your own risk.