1. Acceptance of Terms

By accessing modern-amenities.com, signing a Service Order, or opting in to receive SMS text messages from Modern Amenities, LLC, you ("Client," "you," or "your") agree to these Terms of Service ("Terms"). If you represent an organization, you confirm you have authority to bind that entity.

2. Scope of Services

Modern Amenities provides fully managed smart coolers, micro markets, and related unattended-retail solutions, including equipment installation, stocking, remote monitoring, maintenance, and SMS text messaging communications ("Managed Services"), as detailed in your signed Service Order.

3. Eligibility and Account Security

You must be at least 18 years old and provide accurate information when requesting a quote, creating an online account, or subscribing to SMS communications. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.

4. SMS Text Messaging Program Terms

a. Program Description

Modern Amenities SMS Program provides text message communications including service updates, appointment reminders, promotional offers, account notifications, and customer support messages related to our smart cooler and micro market services.

b. Opt-In Consent

By providing your mobile phone number and checking the opt-in box on our forms, texting a keyword to our number, or verbally consenting, you agree to receive recurring automated text messages from Modern Amenities. Consent to receive SMS messages is not required to purchase our products or services.

c. Message Frequency

Message frequency varies based on your account activity and interactions with our services. You may receive multiple messages per week.

d. Opt-Out Instructions

You can cancel SMS service at any time. Simply text "STOP" to the number from which you received a message. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

e. Help and Support

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to support@modern-amenities.com.

f. Carrier Liability

Carriers are not liable for delayed or undelivered messages.

g. Message and Data Rates

Message and data rates may apply for messages sent to you from us and to us from you. If you have questions about your text plan or data plan, contact your wireless provider.

h. Privacy

For privacy-related inquiries, please refer to our Privacy Policy at modern-amenities.com/privacy.

5. Service Fees and Payment

Unless otherwise stated in your Service Order, installation fees, monthly management fees, and any revenue-share arrangements are invoiced per the schedule set forth therein. Fees are non-refundable except as required by law or expressly stated in the Service Order. Late payments may accrue interest at 1.5% per month (or the maximum rate allowed by law).

6. Equipment Ownership and Access

All equipment provided by Modern Amenities remains our property unless your contract states otherwise. You agree to grant us and our technicians reasonable access during normal business hours to install, service, and remove equipment as needed.

7. Client Responsibilities

Provide a standard 120V electrical outlet and safe, level floor space. Ensure reasonable security and an indoor environment within recommended temperature ranges. Promptly report malfunctions, vandalism, or suspected tampering.

8. Intellectual Property

All website content, software, trademarks, and documentation are owned by Modern Amenities or its licensors. Except as expressly permitted, you may not copy, modify, distribute, or reverse-engineer any portion of the Services.

9. Warranties and Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation, including SMS message delivery.

10. Limitation of Liability

Modern Amenities is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising from or related to the Services (including SMS communications), even if we have been advised of the possibility. Our aggregate liability under these Terms will not exceed the total fees you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Modern Amenities and its affiliates from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your misuse of the Services, violation of these Terms, or infringement of any third-party rights.

12. Termination

Either party may terminate the Services for material breach if the breach is not cured within 30 days after written notice. Upon termination, you must allow removal of all Modern Amenities equipment and pay any outstanding fees. You may terminate SMS services at any time by texting STOP.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. Any dispute not resolved informally will be settled by binding arbitration in Lane County, Oregon, conducted under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

14. Changes to Terms

We may revise these Terms from time to time. We will post the updated version on our website and update the "Last Updated" date. Continued use of the Services after changes take effect constitutes acceptance.

15. Contact

For questions about these Terms or the Services, reach us at:

Email: support@modern-amenities.com

Mail: 91302 Coburg Industrial Way, Coburg, OR 97408