Terms of Use
These Terms of Use are effective as of February 12, 2024.
WEBSITE TERMS OF USE
These Terms of Use govern your use of and access to the Modern Age website available at www.modern-age.com, and any other products or access to services provided by Modern Age through the website (together, the “Website”). By using or accessing the Website, you are agreeing to these Terms of Use.
The Website is not intended for medical emergencies or urgent situations. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
These Terms of Use are subject to change by Modern Age (also referred to herein as “we” or “us”), at any time in its sole discretion. Please consult these Terms of Use regularly. If you do not agree to all of these Terms of Use, please do not use the Website. These Terms of Use apply to the use of the Website and any account provided therewith.
Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which describes our collection, storage, use, disclosure, and transfer of information about users of the Website. The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms of Use.
Modern Age Materials
This Website may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and similar content (collectively, “Modern Age Materials”).
Unless otherwise expressly identified, Modern Age Materials are owned by us or by our third-party licensors. Modern Age Materials may be protected by United States and international copyright, trademark, patient, trade secret and other laws. As between you and Modern Age, Modern Age owns and retains all rights in the Modern Age Materials and the Website. Except as expressly permitted by Modern Age, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Modern Age Materials, including underlying code and software, nor may you sell, transfer, or otherwise use the Website or Modern Age Materials in commerce or for any public or commercial endeavor without our prior and express written consent. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights of Modern Age, whether by estoppel, implication, or otherwise. We may make changes to Modern Age Materials at any time, and make available to you any material changes no later than the date the changes take effect.
Accounts
In order to access, use, or otherwise provide information to the Website, you may be asked to create an account and provide certain registration details or other information, as further detailed in our Privacy Policy. You agree that you will not use the Website or create an account unless you are at least 13 years of age. You further agree that you will not distribute your login credentials to any other person, or authorize the use of your account by any other person, who is not legally authorized to act on your behalf, and that you will not solicit, collect, or use the login credentials of other users. You agree that you will not transfer, sub-license, sell, or assign your rights in your account to any other person. Any unauthorized use of your account by any third party is subject to these Terms of Use as though you were using the account.
At all times, your account will be governed by the current version of these Terms of Use, including any revisions made thereto since your last use of your account, provided that such changes are made available to you in accordance with these Terms of Use.
Modern Age reserves the right to terminate your account or restrict or refuse access to your account or the Website, or to delete any content posted or uploaded through your account in accordance with these Terms of Use. If your account is terminated or otherwise deactivated, whether by Modern Age, yourself, or anyone else, your data and Content (defined below) will no longer be accessible through your account, but that data and Content may persist and appear within the Website. Nevertheless, unless otherwise required by law, Modern Age has no obligation to retain any data or Content associated with your account following termination or deactivation of the account.
User Content and Responsibilities
You are required to comply with all applicable federal, state, and local laws in connection with your use of the Website. As a condition of your use of the Website, you agree that you will not use the Website or any Modern Age Materials for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all other uses of the Website that is, to the best of Your knowledge, true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post, transmit, or display on or through the Website. Modern Age shall not share, disclose, or reproduce Your User Content except as reasonably necessary to provide medical or health advice to You.
In addition, you agree not to, without limitation, upload, post, submit, publish, transmit, or display in connection with the Website, any information or material that:
violates any law;
you do not own or have the right to post, including proprietary material of any third party, on related to the Website;
breaches any agreement with any other person or entity;
infringes any intellectual property or other right of any entity or person, including violating anyone’s patent, copyright, trademark, trade secret, right of privacy, right of publicity, or moral rights;
does not pertain directly to the Website;
advocates illegal activity or conveys an intent to commit an illegal act;
threatens or abuses others, libels, defames, invades privacy, stalks, bullies, is false, discriminatory, racist, hateful, abusive, harassing, or offensive, or otherwise injurious or objectionable;
is violent, nude, partially nude, vulgar, obscene, pornographic, sexually suggestive, or indecent;
impersonates or spoofs someone else’s identity, or misrepresents your connection to any other entity or person or otherwise forges or manipulates headers or identifiers (including URLs) to disguise the origin of the Content;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
includes programs which contain viruses, worms, spyware, malware, and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods, funds, advertisers, sponsors, or services), except as may be specifically authorized on the Website;
negatively disrupts or impacts how any page is rendered or displayed in a user’s browser or device or affects the ability of other people to engage in real time activities via the Website;
constitutes spam or other unsolicited communications;
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above; or
disobeys any policy or regulation established from time to time regarding use of the Website or any networks related to the Website.
Modern Age does not pre-screen or regularly review any User Content. Nevertheless, Modern Age reserves the right to remove, edit, block, and/or monitor, without notice, any User Content or accounts containing User Content which Modern Age considers, for any reason, to violate these Terms of Use or to be outside the subject scope of the Website. In addition, Modern Age reserves the right to force forfeiture of any username for any reason. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate these Terms of Use, governing policies, law, or contract, we may take any action we deem necessary to cure or prevent the violation.
Medical Information
The Website may convey general information related to medical conditions, their research, testing, and treatment, and other health care topics. Any such information is provided for informational purposes only. The receipt of any User Content does not create a professional relationship between you and Modern Age. THE WEBSITE SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Subjective Age Assessment
In using this Subjective Age Assessment (“Assessment”), Users acknowledge and agree that any and all use is for the sole purpose of general education and recommendations related to visible age, psychological age, and lifestyle age based on non-clinical assessment and review. Any such results and recommendations are for general comparison and informational purposes only. Any use, including submission of User Content or receipt of any communication, resulting from or related to this Assessment does not create a professional arrangement with Modern Age, including any patient relationship or rights. This Assessment should not be relied upon as a substitute for qualified medical advice or consultation with a physician or other qualified health care professional. In using the Assessment, Users acknowledge that they have been notified and understand that they should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Linking and Third Parties
The Website or communications you receive from the Website may contain links to third-party websites, applications, or features (together, the “Third Party Applications”). In addition, the Website may permit interactions between the Website and Third-Party Applications. Modern Age does not control any of these Third Party Applications or any of their content. The inclusion of any link to Third Party Applications does not necessarily imply Modern Age’s endorsement of or affiliation with that third party. You acknowledge and agree that Modern Age has no responsibility or liability for any such Third-Party Applications. Your correspondence and dealings with third parties found through the Website are solely between you and the third party. By using such Third Party Applications, you acknowledge and agree that: where it is beyond Modern Age’s reasonable control, your use of Third Party Applications may cause personal information to be publicly disclosed and/or associated with you even if Modern Age itself has not provided such information; and your use of Third Party Applications is at your own option and risk, and you will hold Modern Age harmless for activity related to the Third Party Applications.
Payment
All payments made are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with any purchases hereunder, other than taxes based on Modern Age’s net income.
Certain products or services are made available for a fee, and you may be required to select a payment method. Only valid payment methods acceptable to Modern Age may be used to complete a purchase via the Website. You represent and warrant that you are authorized to use your selected payment method (“Selected Payment Method”) to purchase a product or service on the Website. You agree to pay Modern Age the amount that is specified in the Selected Payment Method in accordance with the terms of such Selected Payment Method and these Terms of Use and authorize Modern Age to charge your Selected Payment Method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, Modern Age will only charge the prices, taxes and other applicable charges associated with the products that are included in the shipment. You may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address in connection with any purchase you make through the Website. By submitting such information, you grant Modern Age the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., Payment Processors (as defined below)) for the purpose of facilitating the transaction. You represent and warrant to Modern Age that such information is true and correct and you agree that you will promptly update your account information with Modern Age or the Payment Processor, as applicable, of any changes to such information (for example, a change in your billing address or credit card expiration date) that may occur.
If you dispute any charges, you must let Modern Age know within sixty (60) days after the date that Modern Age charges you, or within such longer period of time as may be required under applicable law.
Notwithstanding any amounts owed to Modern Age hereunder, MODERN AGE DOES NOT PROCESS PAYMENT FOR ANY PRODUCTS OR SERVICES. All credit card, debit card and other monetary transactions on or through the Website occur through online payment processing application(s) accessible through the Website. These online payment processing application(s) are provided by third-party online payment processing vendors, including Stripe Inc. (“Stripe”, and together with any such other payment processors, the “Payment Processors”), and are subject to the terms and conditions, privacy policy, and other policies of any such Payment Processors, including, if the Payment Processor is Stripe, Stripe’s terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at https://stripe.com/privacy (all such Payment Processor terms and conditions, privacy policies, and other policies, the “Payment Processor Agreements”). By agreeing to these Terms of Use, users that use the payment functions of the Website also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your Selected Payment Method even after such Selected Payment Method has expired, to avoid interruptions in your payments. Please contact the applicable Payment Processor for more information. Additional information about Stripe, its privacy policy and its information security measures should be available on Stripe’s website located at https://stripe.com or by contacting Stripe directly. Modern Age assumes no liability or responsibility for any payments you make through the Website.
All purchases through the Website are final and all charges are nonrefundable except as otherwise set forth in these Terms or as required by applicable law. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.
Subscriptions
Certain services and products available for purchase through the Website require that you purchase the product or service on a subscription basis, which means that you will be automatically charged at regular intervals (as described in more detail in the offer terms presented during the checkout process) until you cancel your subscription in accordance with these terms.
By subscribing to products and services through the Website, you authorize Modern Age (either directly or through our Payment Processors) to charge your Selected Payment Method in advance on a periodic basis in accordance with the Selected Payment Method for all applicable charges for your order, plus applicable taxes. The total order amount, including tax and, if applicable, shipping charges, will be charged to your Selected Payment Method in full at the time the order is placed.
Modern Age reserves the right to change Modern Age’s prices. If Modern Age does change prices, Modern Age will provide notice of any change through the Website, a pop-up notice, email, or through other reasonable means, at Modern Age’s option, at least thirty (30) days before the change is to take effect. Your acceptance of the applicable products and/or continued use of the applicable services after the price change becomes effective constitutes your agreement to pay the changed amount.
Either you or Modern Age may terminate or cancel your subscription for the applicable products or services at any time. Modern Age reserves the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you subscribe to a plan with a preset commitment period and you decide to cancel prior to the end of the commitment plan period, you will still be charged the total amount to which you committed at purchase. To the extent permitted by law, subscription fees are final and non-refundable. Modern Age reserves the right to issue refunds or credits at its sole discretion. If Modern Age issues a refund or credit in one instance, Modern Age is under no obligation to issue the same refund or credit in the future. If you choose to cancel your subscription and return to the program at a later date, you will be subject to any rate increases at the time of re-enrollment. You acknowledge that your subscription fees may be different from the subscription fee paid by others because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time you signed up for the services.
You may cancel a subscription at any time before the applicable renewal processing date of your subscription by emailing cancel@modern-age.com and requesting a cancellation. Upon cancellation or termination of your subscription, Modern Age may immediately deactivate your access to the Website. Your access to providers and prescription medication will be suspended as of the date of cancellation. Please plan accordingly to ensure that your access to any prescription medication is not interrupted as a result of the cancellation. Modern Age will attempt to process all cancellation requests in a timely manner.
Referral Program
Each Modern Age customer can refer up to 5 friends through our referral program. For each referral, the customer will receive a code for 20% off a treatment or Aging Wellness Assessment. This excludes over-the-counter and Rx products. The referred friend must be a first-time customer and will receive the same discount. The offer expires 6 months after receipt. The referral program is not stackable with any other discount. Modern Age reserves the right to cancel or modify the program at any time. We reserve the right to terminate the Account of any Referrer and/or Referred Customer at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Referrer and/or Referred Customer’s conduct to be in violation of our terms and conditions.
Promotions
Terms and conditions for promotions on Modern Age products and treatments are listed on the Promotional Terms and Conditions page.
Disclaimer
Your use of the Website is at your own risk (including but not limited to any damage to your computer system, loss of data, damage resulting from reliance on the Website, or other damages that result from obtaining any content from the Website including computer viruses). To the extent permitted by law, Modern Age, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (collectively, the “Modern Age Parties”) provide the Website, “as available,” and “with all faults,” without warranty of any kind, and specifically disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses.
No information provided via the Website, or by the Modern Age Parties, shall create any warranty, the Modern Age Parties make no warranty, representation, covenant, or guarantee whatsoever, express or implied, specifically: (i) as to the value, quality, timeliness, usefulness, reliability, security, suitability, accuracy, truthfulness, or completeness of the Website; (ii) that the Website or the Modern Age Materials will meet your needs or expectations; (iii) that the Website will operate uninterrupted or error-free; (iv) as to the quality or value of any of Modern Age’s applications, content, information, or other material you purchase or obtain via the Website; (v) as to the availability of electronic or telecommunication applications and access to the electronic or telecommunication applications at any time or from any location, any loss, and any disclosure of information to third parties or failure to transmit any data, communications, or settings connected with the electronic or telecommunication applications; or (vi) that any errors pertaining to the Website will be corrected.
You acknowledge that your use of the Website is at your sole risk except for your damages resulting from the Modern Age Parties’ unauthorized use of user content or their illegal acts. By accessing or using the Website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Website.
The Modern Age Parties do not endorse user content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any user content.
Limitation on Liability
Except as provided herein, under no circumstances will the Modern Age Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Website; (b) the Modern Age Materials; (c) user content; (d) your use of, inability to use, or the performance of the Website; (e) any action taken in connection with an investigation by the Modern Age Parties or law enforcement authorities regarding your or any other party’s use of the Website; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the operation of the Website; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. In no event will the Modern Age Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, as applicable. Notwithstanding the foregoing or anything else seemingly to the contrary in these terms of use, the Modern Age Parties’ do not disclaim or limit their liability for damages resulting from their unauthorized use or disclosure of user content or from the negligent provision of the Website by the Modern Age Parties.
You agree that in the event you incur any damages, losses or injuries that arise out of Modern Age’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Modern Age Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or content owned or controlled by the Modern Age Parties.
Modern Age is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Modern Age reserves the right, at any time, in Modern Age’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Website, Modern Age Materials, or User Content, or any part thereof, and/or your use of or access to them, with or without notice, provided that Modern Age shall notify You of material changes to the Terms of Use no later than the date that the changes take effect. Modern Age shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.
You acknowledge and agree that Modern Age is not a backup service and you are solely responsible for User Content backup and storage. The Modern Age Parties will not be liable to you for any modification, suspension, or discontinuation, of the Website, or the loss of any User Content. You further acknowledge that the Internet may be subject to security breaches, and as such, submission of User Content or other information may not be secure. You agree to accept sole and exclusive responsibility (as between Modern Age and you) for adequate protection of your data and/or devices and equipment used in connection with the Website, though the aforementioned shall not disclaim or limit Modern Age’s responsibility or liability for its use or disclosure of Your User Content except as authorized by these Terms of Use.
Indemnification
You (and any third party on whose behalf you operate an account or activity on the Website) agree to indemnify, defend, and hold harmless the Modern Age Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with your violation of these Terms of Use, including the following (whether resulting from your activities on the Website or those conducted on your behalf): (i) your User Content or your access to or use of the Website, so long as the harm does not result from the unauthorized use or disclosure of such Content by the Modern Age Parties; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authority, or (v) any misrepresentation made by you. You agree that except as provided below, the Modern Age Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Modern Age Parties in connection therewith. You also agree to indemnify, defend, and hold harmless the Modern Age Parties from and against any claims brought by third parties arising out of your improper or unauthorized use of the Website, your violation of these Terms of Use, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity. You agree to reasonably cooperate as fully required by Modern Age in the defense of any claim. The Modern Age Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Modern Age Parties. You shall not settle any dispute subject to your indemnification under these Terms of Use without written consent from Modern Age. You will not settle any claim without the prior written consent of Modern Age. Notwithstanding the foregoing, the Modern Age Parties shall defend and indemnify you from and against any and all claims, losses, damages, liability, obligations and expenses (including reasonable attorneys' fees) resulting from Modern Age’s illegal acts or omissions or gross negligence.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be Your State of residence, and the language of the arbitration shall be English. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law.
You agree that any claim you may have arising out of or related to your relationship with Modern Age must be brought within one year after such claim arose.
Intellectual Property Claims
If you believe that your other intellectual property or publicity rights have been infringed in any way by the Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to [insert privacy email]. Modern Age’s receiving, investigating, or responding to your e-mail shall not constitute Modern Age’s agreement or verification of your claim(s) nor any admission of liability therefor. Modern Age makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to your claim within any particular time.
Consent to Communications
By providing us with your contact information and using the Website, you agree to receive communications, including via e-mail, text messages, and phone calls from or on behalf of Modern Age at the e-mail address or telephone number (including mobile number) you provided. Please read our Privacy Policy, as applicable, to learn more about our communications practices and your rights related to restricted communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that those communications be in writing.
Governing Law
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws. The United Nations Convention for the International Sale of Goods is excluded and shall not apply.
No Third-Party Rights
Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Modern Age, and our successors and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Modern Age and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Modern Age, and our successors and assigns.
Force Majeure
Neither party shall be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond the party’s reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
Entire Agreement
These Terms of Use, the Notice of Privacy Practices and the Privacy Policy constitute the entire agreement between you and Modern Age and supersede all previous written or oral agreements. Modern Age’s failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. You may not assign this agreement to anyone else, and any attempt by you to assign shall be void.