MODETTE TERMS OF SERVICE

Last Updated: 5-13-2026

OVERVIEW

Welcome to Modette! The terms "we", "us" and "our" refer to Modette. Modette operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Modette is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and dispute resolution (including a binding arbitration provision and class action waiver in Section 24).

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Modette reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Modette confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Ready-to-ship orders are generally dispatched within 24–48 hours of order placement. While we cannot guarantee changes once an order has been placed, we will use commercially reasonable efforts to accommodate modification or cancellation requests if they are received within the processing window. To request a modification or cancellation, contact us at support@shopmodette.com as soon as possible after placing your order. Once an order has been handed to the carrier, we are unable to modify or cancel it.

Your purchases are subject to return solely in accordance with our Preorders, Shipping & Returns Policy, which is incorporated into these Terms by reference. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PREORDERS

Certain products may be offered as preorders. Preorders allow you to purchase products that are not yet ready to ship.

Estimated ship dates. Any ship date displayed on a preorder product page is an estimate only and is not guaranteed. Production timelines may shift due to manufacturing, materials, quality control, shipping, customs, or other factors outside our control. Delays in fulfillment do not entitle you to any remedy beyond those expressly described in this section or our Preorders, Shipping & Returns Policy.

Payment. You authorize Modette to charge your selected payment method in full at the time the preorder is placed, not at the time of shipment.

Cancellations and refunds. Preorders may be canceled and refunded in accordance with our Preorders, Shipping & Returns Policy. If we are unable to fulfill a preorder for any reason, we will notify you and issue a full refund to your original payment method. This is your sole remedy in the event of an unfulfilled preorder.

SECTION 5 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Promotions and discounts. Promotional offers, discount codes, and free shipping thresholds are calculated based on the product subtotal after any applicable discounts and before taxes and shipping. Unless otherwise stated, discount codes and promotions cannot be combined. If a return causes an order to fall below a free shipping threshold or otherwise to no longer qualify for a promotional benefit, the value of that benefit may be deducted from your refund. Promotional discounts applied to returned items are forfeited and may not be reused.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Chargebacks. If you have a concern about an order or charge, you agree to contact us at support@shopmodette.com to resolve the issue before initiating a chargeback or payment dispute with your bank or card issuer. We reserve the right to dispute any chargeback that we believe is improper, fraudulent, or made in bad faith, and to suspend or terminate the accounts of customers who initiate improper chargebacks. You agree to reimburse us for any costs, fees, or losses we incur as a result of an improper chargeback.

SECTION 6 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our control.

Risk of loss. Once we transfer products to the carrier, title and risk of loss passes to you.

Lost, stolen, or damaged packages. Once a carrier has confirmed delivery, Modette is not responsible for packages that are lost, stolen, or otherwise undelivered. If your tracking shows delivered but you have not received your package, we recommend (i) checking with neighbors and household members, (ii) contacting the carrier directly to open an investigation, and (iii) filing a claim with the carrier. We are happy to assist with carrier communications, but we are unable to issue refunds or replacements for packages confirmed delivered by the carrier.

Damaged or incorrect items. If your item arrives damaged or you receive an incorrect item, you must notify us at support@shopmodette.com within 72 hours of delivery, with photos of the item and the packaging. Claims submitted after this window may not be eligible for a remedy.

SECTION 7 — RETURNS AND EXCHANGES

Returns are governed by our Preorders, Shipping & Returns Policy, which is incorporated into these Terms by reference. Without limiting that policy:

• Eligible items may be returned for a refund or store credit within 14 days of delivery.
• Items must be returned in their original, unworn condition with original packaging, including dust bags. We recommend trying shoes on carpeted surfaces to avoid damage to the soles.
• Returns that do not meet our condition requirements may be rejected, and any reshipment costs will be the responsibility of the customer.
• We do not currently offer exchanges. If you need help selecting a size, please contact support@shopmodette.com before placing your order.
• Refunds will be issued to your original payment method and may take 5–10 business days to appear depending on your bank. Store credit is issued immediately upon approval.

We reserve the right to refuse returns that, in our reasonable judgment, do not meet the requirements of our return policy or that show signs of abuse, wear, or use beyond what is necessary to evaluate the product.

SECTION 8 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Modette, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Modette, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Modette.

Modette's names, logos, product and service names, designs, and slogans are trademarks of Modette or its affiliates or licensors. You must not use such trademarks without the prior written permission of Modette. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 9 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 10 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Modette is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Modette. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Modette, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Modette.

SECTION 12 — PRIVACY POLICY AND MARKETING COMMUNICATIONS

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Marketing communications. By providing your email address or phone number when you create an account, place an order, or subscribe to our communications, you consent to receive marketing emails and, where applicable, text messages from Modette. You may opt out at any time by following the unsubscribe instructions in any marketing communication or by contacting us at hello@shopmodette.com. Opting out of marketing communications does not affect transactional communications related to your orders.

SECTION 13 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 15 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Modette, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, or any unauthorized automated or manual means to access the Services, except as expressly permitted under Section 16 (Agents); or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 — AGENTS

16.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

16.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 16.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 17 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution; Arbitration; Class Action Waiver, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 18 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY MODETTE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 19 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MODETTE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MODETTE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SECTION 20 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Modette, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 21 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 24 — DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH MODETTE THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

24.1 Informal resolution. Before filing a claim against Modette, you agree to first contact us at hello@shopmodette.com and attempt in good faith to resolve the dispute informally for at least 30 days.

24.2 Agreement to arbitrate. If informal resolution is unsuccessful, you and Modette agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products you purchase from us (a "Dispute") will be resolved through binding individual arbitration, except that (i) either party may bring an individual action in small claims court if eligible, and (ii) either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

24.3 Arbitration procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in Travis County, Texas, or by telephone or video conference at your election. The arbitrator's decision will be final and binding. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

24.4 Class action waiver. YOU AND MODETTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

24.5 Time limit. Any Dispute must be brought within one (1) year after the cause of action arises, or it is permanently barred, to the extent permitted by applicable law.

24.6 Opt-out. You may opt out of this Section 24 by sending written notice to hello@shopmodette.com within 30 days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

24.7 Severability of this section. If any portion of this Section 24 is found unenforceable, that portion will be severed and the remainder will continue to apply, except that if the class action waiver in Section 24.4 is found unenforceable as to any claim, that claim (and only that claim) must be brought in court consistent with Section 25.

SECTION 25 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Section 24 (Dispute Resolution; Binding Arbitration; Class Action Waiver), you and Modette consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Travis County, Texas, for any matter not subject to arbitration.

SECTION 26 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 27 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@shopmodette.com.

Our contact information is posted below:

Modette 1211 W 6TH ST STE 600-202 Austin, TX 78703 hello@shopmodette.com