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Terms and Conditions

Agreement to Terms

By accessing Modern Monclaire ("the Publication"), including modernmonclaire.com and all associated content and services, you ("User") agree to be legally bound by these Terms and Conditions ("Terms"). These Terms constitute a binding legal agreement.

If you do not agree to every provision of these Terms, you must immediately cease all use of the Publication. Your continued use constitutes ongoing acceptance.

We may modify these Terms at any time without prior notice. Modifications are effective immediately upon posting. It is your sole responsibility to review these Terms periodically. Continued use after any modification constitutes acceptance of the modified Terms.

THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING LIMITATION OF LIABILITY, INDEMNIFICATION, ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ CAREFULLY.


Eligibility

You must be at least eighteen (18) years of age to use the Publication. By using the Publication, you represent and warrant that you are at least eighteen years old, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Publication under any applicable law.

If you are accessing the Publication on behalf of any entity — including any brand, manufacturer, corporation, partnership, or organization — you represent and warrant that you have full authority to bind that entity to these Terms.


Intellectual Property

Ownership

All content on the Publication — including but not limited to text, articles, graphics, photographs, images, illustrations, research, methodologies, evaluation frameworks, criteria, designations, trade secrets, databases, software, and the selection, coordination, and arrangement thereof — is the exclusive property of Modern Monclaire or its licensors and is protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property and proprietary rights laws.

"Modern Monclaire," "The Monclaire Guide," "The Reading Room," "The Edit," "The Dossiers," "The Letter," and all associated logos, taglines, trade dress, and designs are trademarks and service marks of Modern Monclaire. All rights reserved. Unauthorized use is strictly prohibited and may result in civil and criminal penalties.

Limited License

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Publication solely for your personal, non-commercial, informational purposes.

This license expressly excludes and you shall not:

  • Reproduce, copy, duplicate, distribute, display, publish, or transmit any content
  • Modify, adapt, translate, or create derivative works from any content
  • Republish, syndicate, license, sell, or redistribute any content in any form or medium
  • Use any automated means — including bots, scrapers, spiders, crawlers, or data mining tools — to access, index, or extract any content
  • Frame, embed, mirror, or deep-link to any content
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices
  • Use any content for machine learning, artificial intelligence training, or similar purposes
  • Use any content for commercial purposes, competitive analysis, or to create competing products or services
  • Systematically download or store content to create a database, archive, or collection
  • Circumvent, disable, or interfere with any security or access-control features

Any unauthorized use immediately and automatically terminates this license without notice. We reserve all rights not expressly granted herein.

User Submissions

Any content you submit to us — including comments, feedback, suggestions, ideas, or other materials — becomes our exclusive property upon submission. You irrevocably assign to Modern Monclaire all right, title, and interest in and to such submissions, including all intellectual property rights therein.

To the extent any such assignment is ineffective, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable license to use, reproduce, modify, publish, distribute, and create derivative works from such submissions for any purpose.

We have no obligation to use, respond to, acknowledge, or compensate you for any submission. We have no obligation to maintain any submission in confidence. You waive any moral rights in any submission.


EDITORIAL INDEPENDENCE, PROTECTED OPINION, AND THE MONCLAIRE GUIDE™

THIS SECTION CONTAINS CRITICAL LEGAL PROVISIONS. READ CAREFULLY.

First Amendment and Constitutional Protection

All content published on the Publication — including but not limited to The Monclaire Guide™ designations, product and service evaluations, critiques, comparisons, rankings, and commentary — constitutes speech and press activity fully protected by:

  • The First Amendment to the United States Constitution
  • Article XVI of the Massachusetts Declaration of Rights
  • The common law privileges of fair comment and criticism
  • All other applicable constitutional, statutory, and common law protections for speech, press, and opinion

Our content addresses matters of public interest and consumer concern. Our evaluations, designations, and critiques are published for the benefit of the public and our readers.

Opinion, Not Fact

ALL DESIGNATIONS, EVALUATIONS, CRITIQUES, RANKINGS, RATINGS, AND COMMENTARY ON THE PUBLICATION ARE EXPRESSIONS OF OUR SUBJECTIVE EDITORIAL OPINION AND JUDGMENT. THEY ARE NOT STATEMENTS OF OBJECTIVE FACT.

Our opinions are based on our proprietary criteria, methodology, and editorial judgment. Our criteria are subjective. Our methodology involves subjective assessments. Reasonable minds may differ on our conclusions. Our opinions are offered in good faith but are inherently subjective.

No reader or third party should interpret any content as a statement of verifiable fact. Phrases such as "passed," "failed," "designated," "did not pass," "quality," "value," "excellence," and similar terms reflect our subjective editorial judgment and opinion.

Editorial Independence

Modern Monclaire maintains absolute, unconditional editorial independence. We do not accept:

  • Paid placements or sponsored content
  • Affiliate commissions or referral fees
  • Advertising from brands we evaluate
  • Gifts, samples, or consideration of any kind that could influence editorial judgment
  • Input, review, or approval from any brand or third party before publication

No person or entity outside our editorial staff has any influence, input, or control over our editorial decisions, criteria, methodology, or conclusions.

No Brand Rights, Entitlements, or Claims

NO BRAND, MANUFACTURER, RETAILER, SERVICE PROVIDER, DISTRIBUTOR, PUBLIC RELATIONS FIRM, OR ANY OTHER COMMERCIAL ENTITY OR PERSON (COLLECTIVELY, "BRAND") HAS ANY RIGHT, ENTITLEMENT, EXPECTATION, OR CLAIM TO:

  • Coverage, review, evaluation, or mention of any kind
  • Designation in The Monclaire Guide™
  • Any particular outcome from any evaluation
  • Advance notice of any content before publication
  • Review, input, or approval of any content before or after publication
  • Explanation or justification of any editorial decision
  • Disclosure of our methodology, sources, criteria weightings, or editorial process beyond what we choose to publish
  • Appeal, reconsideration, or reversal of any editorial decision
  • Continued designation once granted
  • Removal or modification of any published content
  • Response to any communication
  • Any particular characterization, tone, or treatment
  • Equal or comparative treatment with competitors

The absence of coverage or designation implies nothing and creates no inference. The presence of coverage or designation creates no ongoing obligation, relationship, or duty of any kind.

Designation, Modification, and Revocation

Designations in The Monclaire Guide™ reflect our editorial opinion and judgment at a specific point in time. We reserve the absolute, sole, and unreviewable right to:

  • Grant, withhold, condition, limit, modify, suspend, or revoke any designation
  • At any time, for any reason or no reason
  • Without prior notice to any party
  • Without explanation or justification to any party
  • Without liability to any party

A designation is not and shall not be construed as:

  • An endorsement, warranty, or guarantee of any kind
  • A representation of fact regarding quality, safety, performance, or fitness
  • A contract, promise, or commitment
  • The creation of any relationship — including any agency, partnership, joint venture, employment, or fiduciary relationship
  • A license to use any Modern Monclaire trademark or intellectual property

Revocation or modification of a designation — for any reason or no reason — is the exercise of protected editorial judgment and shall not constitute defamation, disparagement, trade libel, tortious interference, breach of contract, breach of implied covenant, unfair competition, or any other actionable wrong.

No Duty to Update, Correct, or Verify

We have no duty, obligation, or responsibility to:

  • Update, correct, revise, or verify any content after publication
  • Monitor changes to any product, service, brand, or entity
  • Reflect changed circumstances in existing content
  • Maintain the accuracy of any content over time
  • Notify any party of changes to any content

All content reflects our judgment at the time of original publication. Circumstances change. Our opinions may change. Products change. We assume no obligation to track such changes or update our content accordingly. Any reliance on the continued accuracy of any content is at the reader's sole risk.

No Reliance by Brands

NO BRAND SHALL RELY ON ANY DESIGNATION, EVALUATION, CONTENT, OR STATEMENT ON THE PUBLICATION FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO:

  • Marketing, advertising, promotional, or publicity purposes
  • Press releases or public statements
  • Product packaging or labeling
  • Business valuations, financial projections, or investment decisions
  • Representations to investors, lenders, partners, or any third party
  • Claims of endorsement, partnership, sponsorship, or affiliation with Modern Monclaire
  • Any commercial decision or transaction

Any such reliance is unauthorized, unreasonable, and at the Brand's sole risk. We expressly disclaim any liability arising from any Brand's reliance on any content.

Any Brand that uses any designation, content, or reference to Modern Monclaire in marketing or promotional materials without our prior written consent does so in violation of these Terms and at its sole risk and liability.

No Implied Relationship

Coverage, designation, or any mention on the Publication does not create and shall not be construed to create any relationship between Modern Monclaire and any Brand, including any:

  • Agency relationship
  • Partnership or joint venture
  • Employment relationship
  • Fiduciary relationship
  • Contractual relationship (except as set forth in these Terms)
  • Endorsement, sponsorship, or affiliation

We are independent journalists and critics. We are not partners, agents, representatives, affiliates, or endorsers of any Brand.


LIMITATION ON CLAIMS AND COVENANT NOT TO SUE

THIS SECTION CONTAINS A COVENANT NOT TO SUE AND RELEASE OF CLAIMS. READ CAREFULLY.

Covenant Not to Sue

BY ACCESSING THE PUBLICATION, YOU — AND IF YOU ARE ACCESSING ON BEHALF OF ANY BRAND OR ENTITY, THAT BRAND OR ENTITY — COVENANT AND AGREE NOT TO BRING, JOIN, OR PARTICIPATE IN ANY CLAIM, ACTION, LAWSUIT, ARBITRATION, OR PROCEEDING OF ANY KIND AGAINST MODERN MONCLAIRE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATED TO:

  • Any content published on the Publication, including any designation, evaluation, critique, or opinion
  • Any editorial decision, including any decision to publish, not publish, grant, withhold, modify, or revoke any designation
  • Any alleged inaccuracy, error, omission, or mischaracterization in any content
  • Any alleged damage to reputation, goodwill, brand value, or business relationships
  • Any alleged interference with business relationships, contracts, or prospective economic advantage
  • Any alleged unfair competition, trade practices, or consumer protection violation
  • Any alleged emotional distress, embarrassment, or humiliation
  • Any other theory of recovery whatsoever

This covenant applies to claims sounding in:

  • Defamation, libel, or slander
  • Product disparagement or trade libel
  • False light or invasion of privacy
  • Tortious interference with contract or business relationships
  • Tortious interference with prospective economic advantage
  • Intentional or negligent infliction of emotional distress
  • Unfair competition or deceptive trade practices
  • Breach of contract or implied covenant
  • Negligence or gross negligence
  • Any statutory or regulatory claim
  • Any other legal or equitable theory

Release of Claims

BY ACCESSING THE PUBLICATION, YOU — AND IF YOU ARE ACCESSING ON BEHALF OF ANY BRAND OR ENTITY, THAT BRAND OR ENTITY — HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE MODERN MONCLAIRE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND ARISING FROM OR RELATED TO ANY CONTENT ON THE PUBLICATION OR ANY EDITORIAL DECISION.

This release includes claims that are known or unknown, suspected or unsuspected, disclosed or undisclosed, at the time you access the Publication.

Waiver of California Civil Code Section 1542

If you are a California resident, you expressly waive the provisions of California Civil Code Section 1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You waive any similar provision under the law of any other jurisdiction.

Acknowledgment of Risk

Any Brand that is covered, mentioned, evaluated, or designated on the Publication — favorably or unfavorably — acknowledges and accepts that:

  • Coverage and evaluation involve the exercise of subjective editorial judgment
  • Honest criticism and opinion may be unfavorable
  • Designations may be withheld, modified, or revoked
  • No Brand is entitled to favorable treatment
  • Editorial decisions may have commercial consequences
  • Such consequences are the inherent risk of operating in the public marketplace

By accessing the Publication, Brands accept this risk and waive any claim arising from any editorial decision.

Anti-SLAPP Protection

Any claim brought against Modern Monclaire arising from content on the Publication or any editorial decision is subject to dismissal and sanctions under the Massachusetts Anti-SLAPP Statute (Mass. Gen. Laws ch. 231, § 59H) and any similar statute in any applicable jurisdiction.

Content on the Publication constitutes petitioning activity and speech on matters of public concern. Any party bringing a frivolous or retaliatory claim shall be liable for Modern Monclaire's costs, attorney's fees, and other damages as provided by law.

Actual Malice Standard

To the extent any claim for defamation or product disparagement is asserted against Modern Monclaire — notwithstanding the covenant not to sue and release set forth above — any such claim shall be subject to and must satisfy the actual malice standard established in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), requiring clear and convincing evidence that the statement was made with knowledge of its falsity or with reckless disregard for its truth or falsity.

Modern Monclaire operates as a media publication addressing matters of public concern. Our editorial opinions are protected at the highest level under applicable law.

No Injunctive or Equitable Relief

NO PARTY MAY SEEK OR OBTAIN ANY INJUNCTION, RESTRAINING ORDER, OR OTHER EQUITABLE RELIEF THAT WOULD:

  • Prevent, delay, or restrict publication of any content
  • Compel publication of any content
  • Compel removal, modification, or correction of any content
  • Compel disclosure of sources, methodology, or editorial process
  • Restrict Modern Monclaire's editorial discretion in any way

Any attempt to obtain such relief shall constitute a material breach of these Terms and shall entitle Modern Monclaire to recover its costs, fees, and damages.

Fee-Shifting and Liquidated Damages

Any party that brings any claim, action, or proceeding against Modern Monclaire in violation of the covenant not to sue set forth above — or any claim that is dismissed, decided adversely to the claimant, or withdrawn — shall:

  1. Indemnify Modern Monclaire for all costs, fees, and expenses incurred in defending against such claim, including reasonable attorney's fees, expert fees, and costs at both trial and appellate levels
  2. Pay liquidated damages to Modern Monclaire in the amount of FIFTY THOUSAND DOLLARS ($50,000) per claim, which the parties agree is a reasonable estimate of the harm caused by frivolous litigation and is not a penalty

These remedies are cumulative and in addition to any other remedies available at law or in equity, including sanctions under anti-SLAPP statutes.

Editorial Privilege and Protection of Sources

Modern Monclaire's editorial process, methodology, internal communications, source identities, unpublished materials, and deliberative processes are privileged and confidential.

No party may seek discovery, subpoena, or compelled disclosure of:

  • The identity of any source, tipster, or informant
  • Unpublished notes, drafts, or materials
  • Internal editorial communications or deliberations
  • The weighting or application of evaluation criteria
  • Any other privileged editorial material

Modern Monclaire asserts all applicable privileges, including the journalist's privilege recognized under Massachusetts common law and any applicable shield laws.

Time Limitation on Claims

ANY CLAIM ARISING FROM OR RELATED TO THE PUBLICATION OR ANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR BE FOREVER BARRED.

This limitation applies regardless of any statutory limitations period that might otherwise apply.


The Publication may contain links to third-party websites. We have no control over and assume no responsibility for any third-party content, practices, or policies. Links do not constitute endorsement. Your interactions with third parties are solely between you and them.


User Conduct

You agree not to:

  • Violate any applicable law or regulation
  • Infringe any intellectual property or proprietary right
  • Reproduce, republish, or commercially exploit any content without authorization
  • Use automated means to access, scrape, index, or extract content
  • Interfere with the Publication's operation, security, or availability
  • Attempt to gain unauthorized access to any system or data
  • Impersonate any person or entity
  • Submit false, misleading, or fraudulent information
  • Harass, threaten, defame, or harm any person
  • Use the Publication for any unlawful or unauthorized purpose

We may terminate your access immediately, without notice, for any violation or suspected violation of these Terms.


Electronic Communications

By using the Publication or subscribing to The Reading Room, you consent to receive electronic communications from us. Such communications satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time, but you may not opt out of transactional or legal notices.


Disclaimer of Warranties

THE PUBLICATION AND ALL CONTENT, INFORMATION, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE AND NON-INFRINGEMENT
  • ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS
  • UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
  • FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
  • RESULTS OR OUTCOMES FROM USE OF THE PUBLICATION

WE MAKE NO WARRANTY REGARDING ANY PRODUCT, PLACE, SERVICE, OR EXPERIENCE DISCUSSED, DESIGNATED, OR REFERENCED ON THE PUBLICATION. ALL SUCH ITEMS ARE EVALUATED AND DESIGNATED BASED ON OUR SUBJECTIVE OPINION. YOUR PURCHASE OR USE OF ANY SUCH ITEM IS AT YOUR SOLE RISK.

NO ADVICE OR INFORMATION OBTAINED FROM THE PUBLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.


Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

MODERN MONCLAIRE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS
  • LOSS OF GOODWILL OR REPUTATION
  • LOSS OF DATA OR INFORMATION
  • LOSS OF USE
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • ANY OTHER INTANGIBLE LOSSES

ARISING FROM OR RELATED TO:

  • YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE PUBLICATION
  • ANY CONTENT ON THE PUBLICATION
  • ANY DESIGNATION, EVALUATION, OR EDITORIAL DECISION
  • ANY PRODUCT, PLACE, SERVICE, OR EXPERIENCE DISCUSSED ON THE PUBLICATION
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • ANY OTHER MATTER RELATING TO THE PUBLICATION

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Indemnification

You agree to defend, indemnify, and hold harmless Modern Monclaire and its owners, officers, directors, employees, agents, contractors, affiliates, licensors, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees and costs at trial and on appeal) arising from or related to:

  • Your access to or use of the Publication
  • Your violation of any provision of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party right
  • Any content or material you submit
  • Any claim that you or your organization brought in violation of the covenant not to sue

This indemnification obligation shall survive termination of these Terms and your use of the Publication.


Governing Law, Jurisdiction, and Venue

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Exclusive Jurisdiction and Venue

YOU IRREVOCABLY AND UNCONDITIONALLY:

  • SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS
  • WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE, INCLUDING ANY OBJECTION BASED ON FORUM NON CONVENIENS
  • AGREE NOT TO COMMENCE ANY ACTION OR PROCEEDING IN ANY OTHER FORUM

This exclusive jurisdiction and venue provision applies to all disputes, claims, and proceedings of any kind.

Arbitration

Notwithstanding the foregoing, any dispute arising from or relating to these Terms or the Publication shall, at Modern Monclaire's sole election, be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Boston, Massachusetts before a single arbitrator. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION AND JURY TRIAL WAIVER

YOU AND MODERN MONCLAIRE AGREE THAT:

  • ANY DISPUTE SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY
  • NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION
  • THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING
  • YOU WAIVE ANY RIGHT TO A JURY TRIAL

Force Majeure

We shall 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, war, terrorism, riots, pandemic, epidemic, natural disaster, governmental action, labor disputes, internet or telecommunications failure, power outage, or any other force majeure event.


General Provisions

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

No Waiver. Our failure to enforce any provision shall not constitute a waiver. No waiver shall be effective unless in writing signed by Modern Monclaire. No waiver of any provision shall constitute a waiver of any other provision or a continuing waiver.

No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their successors and assigns. Nothing herein confers any right on any third party.

No Oral Modification. These Terms may not be modified except in writing signed by an authorized representative of Modern Monclaire. No oral statement or representation shall modify these Terms.

Headings. Headings are for convenience only and shall not affect interpretation.

Interpretation. These Terms shall not be construed against the drafter. The word "including" means "including without limitation."

Survival. Provisions that by their nature should survive termination shall survive, including Intellectual Property, Editorial Independence, Limitation on Claims, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and this Section.

Cumulative Remedies. All remedies under these Terms are cumulative and in addition to any other remedies available at law or in equity.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modern Monclaire concerning the Publication. These Terms supersede all prior or contemporaneous agreements, communications, or understandings, whether oral or written.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms at any time without notice. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and assigns.


Contact

Modern Monclaire P.O. Box 230145 Boston, MA 02123

Email: legal@modernmonclaire.com