Terms of Use and Privacy Policy

Agreement to Terms of Use

These Terms of Use (the "Terms of Use") apply to the website of Modern Shed, LLC ("Company", "we", "our" or "us") located at www.modern-shed.com and all associated sites linked to www.modern-shed.com by the Company, including Company social media sites (collectively, the "Site"). The Site is the property of the Company and its licensors. BY USING THE SITE OR OUR ONLINE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SITE.

We reserve the right, in our sole discretion, to change, add or remove all or any portion of these Terms of Use at any time. You acknowledge and agree it is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, non-commercial, revocable, limited privilege to enter and use the Site; provided, however, the Company reserves the right to terminate your license to enter and use the Site at any time. These Terms of Use supplement and are in addition to the terms of use that may apply to various social media sites we use. In the event of any conflict between these Terms of Use and those of any platform on which our Site resides, these Terms of Use shall control and shall govern any and all interactions between you and us.

Site Content and the Company's Intellectual Property Rights

All text, graphics, interfaces, photographs, images, trademarks, logos, sounds, music, artwork, video and audio files, software and computer codes, and other material created, uploaded, or posted by us, our licensors or our affiliates (collectively, "Content"), including but not limited to the design, structure, coordination, "look and feel" and arrangement of such Content, contained on the Site or as part of certain products or services offered through the Site, is owned, controlled or licensed by or to the Company, and is protected by copyright, trademark, trade secret and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, device, website, social media platform or other medium for publication or distribution or for any commercial enterprise nor may you make or create any derivative works from the Site or Content or assist others in doing so, unless otherwise specially permitted by these Terms of Use or unless the Company has given its express prior written consent. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content.

Your Use of the Site

You may not use any automatic or manual device, program, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company's systems or networks, or any systems or networks connected to the Site or to the Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any unlawful purpose, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

Other Terms and Conditions

Additional terms and conditions apply to the purchase of products and services offered by the Company and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

The Company may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services.

Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Registration, Passwords and Security

Certain features or services offered on or through the Site may require you to register (including setting up an ID and/or password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account or registration, including your password, and for any and all activity that occurs under your account or registration as a result of your failing to keep this information secure and confidential.

You may not use anyone else's ID, password or account at any time. The Company will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Our Privacy Policy set forth below applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Submissions & User Generated Content License

There may be portions of the Site that allow for the posting of reviews, comments, photographs, videos or other content ("User-Generated Content"). Where the Site allows, you are permitted to submit or post such User-Generated Content as long as such content is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted may not contain malware, software viruses, spam or similar harmful programming, commercial solicitations, chain letters, or mass mailings. We reserve the right (but not the obligation) in our sole discretion to remove or edit any such content.

If you post any such content, intentionally or unintentionally, you are granting us a worldwide, non-revocable, royalty free license in said content, and we and any others we designate from time to time shall have unrestricted rights to use such content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. You agree to this "User-Generated Content License" whether or not your User-Generated Content is used by us. We assume no responsibility and have no liability for any User-Generated Content created or posted by you or anyone else.

Content Linked to the Site

From time to time, the Site may contain links to other independent third party websites ("Linked Sites"). Such links may be provided by us in our Content or by other users in User-Generated Content. These Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such sites, including any information, products, services or other materials contained or offered on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and you assume all of the risk, responsibilities and consequences resulting from your use of or access to such Linked Sites. It is your responsibility to review the terms of use and privacy policies of any Linked Sites you access or interact with.

Changes to the Site

We reserve the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that we shall not be liable to you or any third party for any such actions. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or termination of all or any portion of the Site.

Indemnification

You agree to indemnify, defend and hold the Company, its officers, members, employees, agents, licensors, licensees, representatives, and other authorized users (collectively, the "Indemnified Parties"), harmless from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and expenses, suffered or made against the Indemnified Parties due to, arising out of or in connection with your use of the Site, or inability to use the Site, or that of any other person accessing the Site using your personal computer or other device, or internet access account, or your or their violation of any of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim, including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.

Disclaimers and Limitation of Liability

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK.

THE CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, SERVICE OR PRODUCT OFFERED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF THE INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE SITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE PRODUCTS OR SERVICES, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD-PARTY OR LINKED SITES, AND ANY INFORMATION, CONTENT, AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY OR LINKED SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD, AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF OUR PRODUCTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS SITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE BY YOU.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE SITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, ACTS OF TERRORISM, ILLNESS OR GLOBAL PANDEMNICS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY SITE, SERVICE, SERVER, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITE.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE IN ADDITION TO THOSE ELSEWHERE IN THESE TERMS OF USE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS OF USE, INCLUDING THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND FULLY UNDERSTAND THAT THEY ARE A RELEASE OF LIABILITY.

Compliance with Applicable Law

These Terms of Use and the interpretation and enforcement thereof, and all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of the United States and the state of Idaho, without regard to its conflicts of laws provision. The Site is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring your compliance with all applicable laws of your specific jurisdiction.

California Consumer Rights Notice

California users of the Site are entitled to the following information pursuant to California Civil Code §1789.3:

For any questions or complaints about the Company, our products, services or the Site, please contact us via e-mail at connect@modern-shed.com. Currently there are no charges to the individual consumer for the use of the Site, other than the cost of any products or services purchased through the Site, and any applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an order confirmation or similar page or in an order confirmation sent via email or otherwise provided to the consumer following their purchase. The Company reserves the right to change pricing related to any products or services offered through the Site at any time. Those changes will be reflected in the terms and conditions that accompany the sale and on the order page, if any. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Site, and the public.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Electronic Communication

When you visit the Site or correspond with us via e-mail or by posting comments to the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Void Where Prohibited

Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous Provisions

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. The subject headings in these Terms of Use are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and us with regard to your access to and use of the Site. Other than as provided in a separate written agreement you enter into directly with us, we will not accept and do not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected without any need of a formal response to any counter-offer proposed. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in these Terms of Use, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

PRIVACY POLICY

Commitment to Privacy and Agreement to Privacy Policy

This Privacy Policy (the "Privacy Policy") applies to the website of Modern Shed, LLC ("Company", "we", "our" or "us") located at www.modern-shed.com and all associated sites linked to www.modern-shed.com by the Company, including Company social media sites (collectively, the "Site").

Your privacy is important to us. We have developed this Privacy Policy to inform you of our policies regarding the collection, use, and disclosure of information we receive from users of the Site. By using the Site, you agree to be bound by this policy. If you do not agree, please do not use the Site or our products and services. Whenever you submit information via the Site, or in other interactions with us, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

We reserve the right, in our sole discretion, to change, add or remove all or any portion of this Privacy Policy, at any time. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of our Site following the posting of any changes means that you accept and agree to the changes. Please be aware that, to the extent permitted by applicable law, our use of information provided or collected is governed by the Privacy Policy in effect at the time we collect the information.

Information We Collect

When you visit our Site, we will learn certain information about you and we may request information about you in certain circumstances and collect certain information automatically.

We may collect and/or receive the following types of information from you:

Information you provided voluntarily, including information you provide to us via the Site, and feedback or other information you may email to us or provide on telephone calls with us. Information you provide on our social media or similar sites, will also be available to and be able to be seen by other users of such sites.
Personal Information. You may be asked to provide personally identifiable information including, without limitation, your name, address, email address and phone number when you contact us, request a catalog or consultation, request financing, sign up for our newsletter, apply for employment or purchase a product or service. You may be asked to provide additional personal information in connection with the submission of an application for financing and to provide payment information in connection with any purchase of a product or service. In addition, we may track certain information about the products and services you access and your preferences.
Information Collected Automatically. In addition to the information described above, we may collect some or all of the following information: (i) Activity Info (Log Data). Information may be collected based on your use of the Site, which generally includes information about your computer hardware and software, such as: Internet Protocol (IP) addresses, operating systems, browser types, device types, URLS, access dates and times; and other related data; (ii) Use of Cookies. Our Site may use cookies to deliver a better experience for you. Cookies are files with small amounts of data that a website stores on your computer's or other device's hard drive so that certain information about your visit and web-browsing preferences will be recognized upon a return visit. Most web browsers have a function that allows you to delete existing cookies on your device or you can set your browser options so that your device does not receive or accept cookies; and (iii) Third Party Tracking Tools. We may also collect or receive information from third parties, such as Facebook, Instagram and/or other third-party social media and similar sites.

How to Access Your Personal Information

If you have provided personal or other voluntarily provided information, you may access, review and make changes to it by contacting us. To manage your receipt of marketing and non-transactional communications, you may unsubscribe by following the instructions within the email from the Company. Emails related to the purchase or delivery of products or services are provided automatically — you are not able to opt-out of transactional emails. Alternatively, if at any time you wish to be removed from our email / mail list, you may email us at connect@modern-shed.com and type "remove me" in the subject line. Please be sure to include your email address from which you were originally contacted or we will not be able to identify you in our database. We will try to accommodate any requests related to the management of personal information in a timely manner. However, it is not always possible to completely remove or modify information in our databases (for example, if we have a legal obligation to keep it for certain timeframes).

How We Use and Share the Information

We use the collected information to:

present you with information through our Site and email services;
provide our products and services and process requests;
provide updates, notices and changes to products and services;
deliver our newsletter;
maintain and improve our Site;
monitor compliance with our Terms of Use;
respond to your requests and questions, including in response to any problems that may arise, such as difficulties in navigating our Site or accessing certain features;
solicit your feedback, and to inform you about our products and services;
improve our product and service offerings;
if applicable, process and make determinations about any employment application; and/or
fulfill our legal or contractual obligations to you.

We do not sell your information to anyone.

We may share the information collected with agents and third-parties working with us to provide our products and services, and those providing business functions such as technical support, legal support, marketing assistance, etc. These businesses will only have access to information as necessary to perform their functions and to the extent permitted by law.

In the event of the sale or transfer of our business to a third party buyer, including in the event of bankruptcy or liquidation, we may, as necessary, share your data with the buyer or transferee.

Under certain circumstances we may be obligated or compelled to disclose the information: when required by law, court order or government agency, or when disclosing such information is reasonably required to protect the Company, its property, the Site, the safety of visitors or others, or to enforce our Terms of Use.

Use Caution When Sharing Information Online

When you voluntarily make your personal information available online — including via email, on social media, or via telephone calls — that information can be viewed, saved, collected, heard, and/or used by others outside of the Company. We are not responsible for any unauthorized third-party use of information provided in these contexts. Please be mindful whenever you share any information online.

Security of Your Information

The security of your personal information is important to us. Please remember, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we attempt to take what we believe to be reasonable steps to protect your data and information from loss, misuse, unauthorized use, access or inadvertent disclosure, unfortunately no network, server, database, data or email transmission over the Internet is ever fully secure or error free. As a result, we cannot ensure or guarantee the security of any information transmitted to us or posted on the Site, so you do so at your own risk and should take care in deciding what information you elect to send electronically or post.

Children

We are strongly committed to protecting the safety and privacy of children. We do not knowingly collect personal information from children under the age of 13 through the Site. If you are under 13, please do not give us any personal information or further access or use the Site. We encourage all parents to talk to their children about online safety and to monitor their children's use of the Internet. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will take reasonable efforts to identify and delete that information from our databases.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the Californian has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by the Company pursuant to this provision, please contact us via email at connect@modern-shed.com.

Our California Do Not Track Notice

Consistent with our policies described above, we may collect information from our visitors on our Site. We do not support Do Not Track ("DNT") signals of web browsers. DNT is a setting in your web browser that informs websites that you do not want to be tracked. You can enable or disable DNT through the preferences or settings options of your web browser.

Visitors Outside the U.S.

The Internet laws in the United States govern all matters relating to this Site. Any information you provide in subscribing to or visiting our Site will be transferred to the United States. By visiting our Site and submitting information, you authorize this transfer, processing, and use.

EU Visitors and the GDPR

If you live in the EU, certain of your data may be subject to protection by the General Data Protection Regulation (the "GDPR"), a privacy regulation intended to help you have greater control over your personal data.

Under the GDPR, you have the right to:

know what information is being collected, as disclosed in this Privacy Policy (right to transparent information);
object on grounds relating to your particular situation to the collection or processing of certain kinds of information (right to object);
withdraw consent even after it has been given, without affecting the lawfulness of the processing of your data prior to your withdrawal (right to withdraw consent);
access, modify or update your information so that it is correct (right to access and right to rectification);
have your information deleted or erased (right to erasure or right to be forgotten);
have your data transferred or ported elsewhere (right to data portability); and
restrict processing in certain situations (right to restriction of processing).

You may contact us at any time to have your information updated or corrected, deleted, or to obtain a copy for your records. Additionally, you may opt-out of receiving any additional emails or marketing messages from us as described above.

Further, if you feel that we have not complied with the relevant data protection regulations, please contact us by sending us an email at connect@modern-shed.com with your first and last name, your country of origin, and a summary of your concern or complaint. We will endeavor to respond at our earliest possible convenience to address your concern. If contacting us does not resolve your complaint, you may have additional options. Residents in designated countries may also have the right to lodge a complaint with the relevant EU data protection authority.

Your Rights

In addition to the rights described above, you may request your information be updated or deleted. If at any point you want us to update or delete the information we have about you, you can contact us at connect@modern-shed.com. Depending on the laws where you live, we may not be legally required to comply with your request, so we will evaluate requests on a case-by-case basis.

If required by the laws where you live, you may have the right to block or suppress processing of your data and you may have the right to data portability.

Generally, no one is obligated to share either personal data or automatic or technical data. However, if you elect not to do so, we may be unable to provide products or services, or to give you access to every feature and functionality of our Site.

Contact Us

If you have any questions about this Privacy Policy, please contact us via email at connect@modern-shed.com.