Terms of service

1. Who we are

Modgav is a brand of Silk Road Systems Inc., a Texas corporation (“Modgav,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of modgav.com (the “Site”) and any purchase you make from us through the Site. By using the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Site.

Please read Section 17 carefully. It requires most disputes to be resolved through individual arbitration, and it waives class actions and jury trials. You can opt out as described in Section 17.

2. Our other policies

Our Privacy Policy, Shipping Policy, Returns and Refunds Policy, and Limited Warranty are part of these Terms. If one of those policies conflicts with these Terms on its own subject, that policy controls.

3. Eligibility

You must be at least 18 years old, or the age of majority where you live, to place an order. We sell through the Site to customers with shipping addresses in the United States.

4. Business orders and other sellers

Products bought from a retailer or another platform are sold under that seller’s terms. Our Limited Warranty still applies to them as described in the warranty.

Trade, wholesale, and corporate orders may be governed by a separate written agreement or quote. When one applies, it controls over these Terms.

5. Products and descriptions

We work to describe our products accurately. Machined and anodized aluminum can vary slightly in color, texture, and sheen between production batches. Photos and screen colors may differ from the product you receive. Dimensions, weights, and load ratings are listed on each product page.

6. Using our products safely

Follow the instructions supplied with each product. Do not exceed the stated load rating. Place products on a stable, level surface. Do not modify, drill, cut, or refinish our products. Our products are designed for desk use in homes and offices.

7. Prices and payment

Prices are in US dollars. They do not include taxes or shipping unless we say so. We collect sales tax where the law requires it. Prices and availability can change without notice. A price change does not affect an order we have already accepted.

We accept the payment methods shown at checkout. Our payment providers process your payment. We do not see or store your full card number.

If a product is listed at the wrong price or with wrong information, we may cancel orders for that product, even after we send an order confirmation. If we have already charged you, we will refund the full amount.

8. Orders

Your order is an offer to buy. Our order confirmation email confirms that we received your order. It does not mean we accepted it. We accept your order when we ship it.

We may limit quantities, and we may decline or cancel any order. This includes orders that appear to be placed for resale or that we suspect are fraudulent. If we cancel an order you have paid for, we refund the full amount.

You may cancel an order at no charge until it ships. Email metal@modgav.com with your order number. After an order ships, our Returns and Refunds Policy applies.

9. Preorders

Some products may be offered for preorder. The product page shows the estimated ship date. Payment for a preorder is taken when you place the order. If we cannot ship by the estimated date, we will tell you, give you a new estimated date, and offer you the choice to cancel for a full refund.

10. Shipping, title, and risk of loss

Our Shipping Policy explains where we ship, how long it takes, and what happens if a package is damaged or lost. Title to a product passes to you when we hand it to the carrier. Risk of loss passes to you when the product is delivered.

11. Returns, warranty, and implied warranties

Returns are covered by our Returns and Refunds Policy. Defects are covered by our Limited Warranty.

Any implied warranties that apply to a product covered by our Limited Warranty, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the length of that Limited Warranty. Some states do not allow limits on how long an implied warranty lasts, so this limit may not apply to you.

12. Reviews and content you send us

If you send us a review, photo, video, or other content, you confirm that you created it or have the right to share it, and that a review reflects your own honest experience with the product.

You give us a non-exclusive, royalty-free, worldwide, perpetual license to use, copy, display, and publish that content to promote Modgav, together with your first name and last initial or the name you provide. We may crop, resize, or format it. We will not change the meaning of a review.

We do not remove reviews because they are negative. We may remove content that is unlawful, abusive, off-topic, or that contains personal information. If you tag Modgav on social media, we will ask your permission before we use your post in our advertising.

13. Using the Site

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms.
• Copy, scrape, or harvest content or data from the Site by automated means.
• Use bots or scripts to place orders.
• Interfere with the Site’s security or operation, or introduce malicious code.
• Impersonate any person, or misrepresent your connection to any person.

We may suspend or end your access to the Site if you break these Terms.

14. Intellectual property

The Site and its content, including text, photographs, video, graphics, logos, and product designs, are owned by Silk Road Systems Inc. or its licensors and are protected by intellectual property laws. MODGAV, the M mark, and our product names are trademarks of Silk Road Systems Inc. You may not use them without our written permission.

If you send us ideas or suggestions, we may use them without any obligation to you.

The Site may link to other websites. We do not control those websites and are not responsible for them.

15. Site disclaimer

Except as stated in our Limited Warranty and except where the law does not allow it, the Site and its content are provided “as is” and “as available,” without warranties of any kind. We do not promise that the Site will be uninterrupted, error free, or free of harmful components.

16. Limitation of liability

To the extent the law allows, Modgav and its officers, employees, and suppliers are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from the Site, these Terms, or our products. Our total liability for any claim about a product or an order is limited to the amount you paid for that product or order.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limits may not apply to you. Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under the law.

You agree to reimburse us for claims, losses, and reasonable legal fees that result from your breach of these Terms or your misuse of the Site, to the extent the law allows.

17. Dispute resolution and arbitration

Talk to us first. Most concerns can be settled quickly. Before starting any claim, send a written notice to metal@modgav.com and to our mailing address below. Describe the problem and the result you want. We will do the same before starting a claim against you. Both sides agree to try in good faith to resolve the dispute for 60 days after the notice is received.

Binding individual arbitration. If the dispute is not resolved within 60 days, you and Modgav agree that any dispute arising out of or relating to these Terms, the Site, or our products will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. Fees are allocated under those rules. The arbitrator may award the same individual relief a court could award. Hearings may be held by video or phone, or in the county where you live.

Exceptions. Either side may bring an individual claim in small claims court if it qualifies. Either side may ask a court to stop infringement or misuse of intellectual property.

No class actions. You and Modgav may bring claims only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. If this class action waiver is found unenforceable for a particular claim, that claim will proceed in court and not in arbitration.

Jury trial waiver. If a claim proceeds in court, you and Modgav waive any right to a jury trial, to the extent the law allows.

Opt out. You can opt out of this Section 17 by emailing metal@modgav.com within 30 days after you first accept these Terms. Use the subject line “Arbitration Opt Out” and include your name and mailing address. Opting out does not affect any other part of these Terms.

The Federal Arbitration Act governs this Section 17. If we change this section, the change will not apply to a dispute that either side has already sent notice of.

18. Governing law and courts

Texas law governs these Terms, without regard to conflict of law rules, except that the Federal Arbitration Act governs Section 17. Any claim allowed to proceed in court will be brought in the state courts located in Williamson County, Texas, or in the United States District Court for the Western District of Texas. This does not remove any protection you have under the consumer laws of the state where you live that cannot be waived.

19. Changes to these Terms

We may update these Terms. We will change the date at the top of this page when we do. The Terms in effect when you place an order apply to that order. Continued use of the Site after an update means you accept the updated Terms.

20. General terms

These Terms, with the policies listed in Section 2, are the entire agreement between you and Modgav about the Site and your purchases through it. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver of it. You may not transfer your rights under these Terms. We may transfer ours as part of a sale or reorganization of our business. We are not responsible for delays caused by events outside our reasonable control, but we will still notify you of shipping delays as described in our Shipping Policy. You agree that we may send you notices and records about your orders electronically.

21. Contact us

Silk Road Systems Inc., doing business as Modgav
14205 N Mo Pac Expy Ste 570
PMB 946735
Austin, Texas 78728-6529
metal@modgav.com