null

Free Shipping on orders over $79.99

Terms of Service

Please Read Carefully Before Using This Website:

 

The website www.ModernAquarium.com (the "Website" or "Site") is owned and operated by ARW Group, LLC dba Modern Aquarium (the "Company"). The Company maintains and operates the Website for information, communication and commercial purposes. This webpage contains the Terms of Use governing your access to and use of the Website. If you do not accept these Terms of Use, including our Privacy Policy, Shipping, Returns and Cancellations Policies, or you do not meet or comply with their provisions, you may not use the Website and you may not purchase any products or services offered on these Website. 

YOUR USE OF THESE WEBSITES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

The Company may, at any time, for any reason and without notice, make changes to (i) these Website, including their look, feel, format, and content, as well as (ii) the products and/or services as described in these Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes. 

The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at the Company's sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) or otherwise refund the amount of the charge. 

The Company strives to provide accurate pricing information. However, pricing or typographical errors may occur. The Company cannot confirm the price of an item until after your order is placed. In the event that an item is listed at an incorrect price due to an error in pricing, the Company has the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, the Company may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

The Company strives to be accurate in its product descriptions. However, the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition. The Company does its best to present the products on the Website to match their original color. While great effort has been made to accurately reproduce products in their original color, there may be some variations in color of the actual product because of the color variations between the actual product and that is displayed on the screen due to digital photography and color settings and capabilities of monitors. It is practically impossible for us to replicate the same colors of a product as seen on your monitor. We request you to place an order keeping in mind these variations in color as seen on a computer screen against the actual color of the product received and understand that the Company cannot be responsible for these discrepancies. 

The Company reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The Company also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from the Company's Website for the purpose of engaging in a commercial sale of that same product(s) with a third party. 

The Website is directed to those individuals and entities located in the United States. They are not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Websites and their content, including their products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. The Company makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that their products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. 

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. 

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. 

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy (followed immediately below). You agree not to submit or transmit any e-mails or materials through the Websites that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. The Company shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. 

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of the Company is strictly prohibited. 

The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of these Sites, or portions of the Sites, must include the Company's copyright notice. No right, title or interest in any of the materials contained on these Sites is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of these Sites; create derivative works from, frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of the Company. 

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate these Websites without the prior written permission of the Company. You may not use a part of this Website on any other Website, without the Company's prior written consent. 

The Company respects the intellectual property rights of others and expects our Users to do the same. The policy of the Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@modernaquarium.com. 

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, the Company does not control or endorse such websites and is not responsible for their content nor are they responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy apply only to the Company's Website and the products and services the Company offers on this Website. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. The Company reserves the right to terminate any link or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. 

As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

Gathering email addresses from the Company or the Website through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with the Company should be directed to: info@modernaquarium.com. 

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE COMPANY EXPRESSLY DISCLAIMS. THE COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

These Terms of Use shall be governed in all respects by the laws of the State of New York, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. 

You may have other agreements with the Company. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with the Company. 

The Company respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Address, telephone number, and, if available, an electronic mail address where we may contact you.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. 

You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users. 

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify the Company or their affiliates and employees for all claims resulting from content you supply. 

If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to the Company by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted the Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense their rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to the Company by email. We try to answer every email in a timely manner, but are not always able to do so. 

Some of the posts on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the postings, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Company has full discretion to delete messages.  

The Company reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
  • Terminate a Member's access to any or all Public Areas and/or the Company Site upon any breach of these Terms of Use.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Company’s Site, regardless of whether such communication(s) violate these standards. 

The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Company has no liability or responsibility to users of the Company's Website or any other person or entity for performance or nonperformance of the aforementioned activities. 

We are required to collect Sales Tax on certain orders. Thus, sales tax will be included on invoices for orders shipping to those states where we are required to collect Sales Tax. In states where we are not required to collect and pay Sales Tax, the purchaser may be obligated to self-report and pay the Sales and/or Use Tax to the purchaser’s appropriate taxing authority. 

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS WEBSITE OR YOUR RELATIONSHIP WITH THE COMPANY OR ITS OWNER, FOUNDER, AND EMPLOYEES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME THE PROCEEDINGS BEGIN, OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE HELD IN NEW YORK, USA. 

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. 

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. 

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITES OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

You agree to defend, indemnify, and hold the Company, its owners, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. 

The Company does not warrant that the functions contained in the service provided by the Websites will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password ("Password") and Login Name ("Login Name"). You shall provide the Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. 

You may not: 

  • select or use a Login Name of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a Login Name that the Company, in its sole discretion, deems inappropriate or offensive. 

You shall notify the Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. 

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Company's sole discretion, and you may be reported to appropriate law-enforcement agencies.  

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@modernaquarium.com. 

You can reach us at: 

Modern Aquarium

Telephone: (917) 231-5956

Email: info@modernaquarium.com