This page states Terms of Use (the “Terms”) and the Specific Terms of Use (“Specific Terms”) under which any user (“User”) may use the website located at www.moden.com (the “Website”).
Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation, or qualification by the Terms and the Specific Terms. If User does not accept any of the Terms or Specific Terms, User shall not use the Website. The right to access and use the Website is not transferable to any person or entity. Moden may, at its sole discretion, modify or revise the Terms and/or Specific Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL THE TERMS AND SPECIFIC TERMS.
The Website serves as a digital platform supporting the marketing, customization, and customer experience related to homes manufactured and sold by Cavco. All formal sales, contractual agreements, and regulatory responsibilities associated with home purchases are fulfilled by Cavco as the licensed retailer of record.
Cavco is a licensed and authorized retailer of factory-built homes, and all transactions involving Cavco homes conducted through this platform are executed pursuant to Cavco’s applicable state licenses. Moden Homes, Inc. (“Moden”) operates as a marketing, sales, and distribution agent for Cavco Industries, Inc. and its affiliated brands, including but not limited to Cavco Homes, Fleetwood Homes, Palm Harbor Homes, Chariot Eagle, Fairmont Homes, and other Cavco-owned brands (collectively, “Cavco”).
Homes featured on the Website will be manufactured, marketed, and/or delivered by Cavco or any of its affiliated entities. Moden’s role includes helping customers explore options, customize their home experience, and initiate the buying process, while all sales contracting, licensing, disclosures, and delivery shall be conducted by Cavco.
By using the Website, User acknowledges and accepts the following:
This disclosure is provided to ensure full transparency and in accordance with applicable licensing and consumer protection laws. For any questions regarding Cavco’s licensing credentials or Moden’s role in the transaction process, please contact us via the form provided on the Website.
Moden reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any and all features and sections contained therein, and may, in its sole discretion, provide notice to Users provided via posting to the Website or email, and immediately without notice in the event of technical difficulties. Moden shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.
The contents of the Website, such as text, graphics, images, audio, video, and other material, as well as the underlying html source code of the Website (“Material”) are protected by copyright and/or trademark under both United States and foreign laws, and are owned or controlled by Moden or by third parties that have licensed their Material to Moden. Unauthorized use of the Material may violate copyright, trademark, and other laws. User shall retain all copyright and other proprietary notices contained in the Material on any copy User makes of the Material. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User shall download Mobile Home Master’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Material shall be permitted without the express permission of Moden and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed on the Website are owned by Moden or third parties. Users are prohibited from using those Marks without the express, written permission of Moden or such third party. If User would like information about obtaining Moden’s permission to use the Material or the Marks, use the comment form in the Website to contact Moden. Moden and all related logos, whether or not registered, are trademarks belonging to Moden, its parents, subsidiaries, or affiliates. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. Moden encourages Users to notify us of any suspected copyright, trademark or other intellectual property violations taking place on or through the Website.
Moden may provide links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by Moden of the contents on such third-party websites. Moden is not responsible for the content of linked third-party websites. Moden exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. Moden shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge they shall read all terms and conditions and policies of these third-party and use these third-party websites at their sole risk.
User represents, warrants, and covenants that (a) they shall use the Website for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in the sole discretion of Moden, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of Moden. The Material may contain inaccuracies or typographical errors. Moden makes no representations, warranties, or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. Advice received via this Website should not be relied upon for personal, legal, medical, or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.
All descriptive representations are believed to be correct at the time of posting. However, due to continued product improvement and changes in suppliers, design and production, accuracy cannot be guaranteed. Therefore, all home series, floorplans, specifications, dimensions, features, materials, images, colors, or availability shown on the Website are subject to change without notice or obligation.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER MODEN, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER MANUFACTUREDHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT SHALL MODEN, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MANUFACTUREDHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL MODEN, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
User agrees to and shall defend, indemnify, and hold harmless Moden, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. Moden shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding.Moden reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
Moden is committed to maintaining User privacy. Moden does, however, gather certain information that User provides to the Website. Moden believes that by collecting this information Moden is able to provide Users with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. For further details on Mooden policies for collecting and using User information please read our Privacy Policy.
All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Nevada applicable to contracts entered into and performed within the State of Nevada, without respect to its conflict of laws principles. For any dispute under this Agreement or arising from or related to the use of the Website, User and Moden agree to attempt to resolve the dispute informally. If Moden and User cannot resolve the dispute informally, the parties agree to resolve such claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) by binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Website, User agrees that the exclusive forum for any claim or cause of action under this Agreement or arising from or related to the use of the Website shall be either arbitration or state court for or within Clarke County in the State of Nevada or, in the event the matter is within the jurisdiction of the federal courts, the United States District Court for the District of Nevada. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such arbitration or court and any claim that any such proceeding brought in such arbitration or court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any arbitrator or court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between User and Moden with respect to the use of the Website and the Material. Moden may, at its sole discretion, modify or revise these General Terms at any time by updating this posting. The section headings used herein are for convenience only and shall not be given any legal import.
Moden reserves the right to send User’s electronic mail for the purpose of informing Users of changes or additions to the Website, this Agreement, and any other service provided by Moden.
The content displayed and created by Moden for the Website (collectively, the “Services”) provided through the Website may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Moden to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Moden does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release Moden from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.