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Website Terms and Conditions

Introduction.  The website and/or mobile application (collectively the “Site”) from which these Website Terms of Use are linked are owned and controlled by Modus Engagement, Inc. and all our current and future subsidiaries, affiliates, successors and assigns, and may be operated with the assistance of third parties (collectively referred to as “Modus,” “we,” “us,” or similar terms). Your use of this Site constitutes your agreement to these Website Terms of Use. The effective date of these Website Terms of Use is November 24, 2017. “You,” “your,” visitor,” or “user” means the individual accessing this site.

We may change these Website Terms of Use at any time, and by using this Site you agree to the most current version of the Website Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Website Terms of Use.  There may be additional terms and conditions applicable for your use of certain of our products or services, including for subscriptions to our services such as App Data Room®, Lead Capture®, FollowThrough®, and MX Studio™. To the extent those terms and conditions are more specific or conflict with these general Website Terms of Use, the more specific terms and conditions will apply to those products and services. 

Content and Limits on Use. We provide this Site as a service to our visitors. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “content”) is owned or licensed by us.

When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the Site, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use.  If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

User Comments, Feedback And Other Submissions.  All comments, feedback, ideas, and other submissions provided to us or on through the Site or through any other method submitted or offered in connection with the Site or any of our products or services, such as by email, telephone, at our stores, or by mail (collectively, the “comments”) are and shall be and remain the sole and exclusive property of Modus, including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to Modus of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

Rules for Using the Site and Any of Our Products or Services.
You agree to follow the rules listed below:

  1. a. You will not knowingly provide or post any false, misleading, or fraudulent information.
    b. You will not use this Site or any of our products or services for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
    c. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
    d. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
    e. You will not hold yourself out as someone you are not or otherwise impersonate any other person.
    f. You will not interfere or tamper with the functioning of this Site or any of our products or services, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
    g. You will not use this Site or any product or service to transmit any spyware, virus or similar destructive program or code.
    h. You will not compile any database or list of other Site visitors, nor will you use this Site or any product or service to facilitate the sending of any spam (unsolicited emails). In no event will you send emails that would violate the CAN-SPAM act in any way.
    i. You will not access or attempt to access any restricted portion of this Site or any product or service unless you have specifically been granted access.
    j. You will abide by any other rules for participation in any newsgroups, chat rooms, forums or similar features on this Site. Without limiting this, you will not post advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums.

 

Site Access.  We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (a) you violate these Website Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

Links. This Site may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other websites and other entities are not under our control, and we are not responsible for the content available on any other websites linked to this Site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

Privacy. Please review our Privacy Policy https://appdataroom.com/legal/privacy-policy/ to understand our privacy practices. By using this Site, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posted on the Privacy Policy page or a similar page of the Site. Click here https://appdataroom.com/legal/privacy-policy/ to view our Privacy Policy.

Warranty Disclaimer.  ALL CONTENT ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MODUS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THIS SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. MODUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS SITE.

Please note that warranties and limitations relating to any product or services you purchase through the Site are set forth in the specific product or services warranty literature.

Copyright Complaints. If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact us.

Limit of Liability. MODUS IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE, AND ALL CONTENT IS TO STOP USING THE SITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS SITE SHALL BE ONE HUNDRED DOLLARS ($100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Miscellaneous. Unless otherwise specified, this Site and the content thereof are displayed solely for the purpose of promoting our products and services.  This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts.  You agree that in the event you have or may have any alleged claim against Modus or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Website Terms of Use and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of these Website Terms of Use, including attorneys’ fees. If any provision of these Website Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Website Terms of Use does not waive our right to act with respect to subsequent or similar failures.

LAST UPDATE. These Website Terms of Use were last updated on November 24, 2017.

OUR CONTACT INFORMATION. 
If you have questions or comments about these Website Terms of Use, contact us at: support@modusengagement.com.