Acceptable Use Policy
The Modernis web site located at https://mdsnotify.com (the “Site”) is owned and operated by My Dealer Service Corp d/b/a Modernis. (“Modernis”, “My Dealer Service”). Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the “mdsnotify.com Terms of Service”).
Modernis operates and provides mdsnotify.com services to users who register with us to use Modernis (collectively, the “Service”) which is a web-based software application connecting service departments to their customers via TEXT or EMAIL with real-time updates on the vehicle status throughout the repair process. The MDS Notify platform also handles every aspect of repair order management in a service department and can be integrated with any other repair management system. By using the Service, you agree to be bound by the mdsnotify.com Terms of Service. These mdsnotify.com Terms of Service apply only to the Service described in this document, and not any other Modernis’ service.
Modernis reserves the right to amend the MDSnotify.com Terms of Service at any time. We suggest that since you are bound by the MDSnotify.com Terms of Service, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the MDSnotify.com Terms of Service, do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene the mdsnotify.com Terms of Service, please contact Modernis at firstname.lastname@example.org before engaging in such activities.
Modernis reserves the right to contact our mdsnotify.com users via email regarding information and changes to the Site or Service, information about our products and services that affect our partners and users, and to ensure continuing operation of our Site or Service.
We also reserve the right to contact our mdsnotify.com users via email regarding our existing products and services or when a new product, feature or functionality becomes available. If you have any questions about this policy, please visit us at https://modernis.com/privacy/
Restrictions on Use.
You shall use the web site for lawful purposes only. You shall not:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”);
- Redeliver any page, text, image, or Materials on the Site using “framing,” hyperlinks, or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site.
- No exceptions without the written consent of Modernis. To request an exception, contact: email@example.com. Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. Modernis reserves the right to refuse service to users, and any conduct by you that in Modernis discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.
You may terminate participation in the Service at any time by turning off the Service presented to you at the Site. You agree that Modernis in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Modernis believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Modernis may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Modernis may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that Modernis shall not be liable to you or any third-party for any termination of your access to the Service.
This Site is controlled and operated by Modernis at 770 Sherman Street, Suite 102, Denver, CO 80203, https://Modernis.com. All materials on the https://mdsnotify.com site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Modernis or owned by other parties who have licensed their intellectual property to Modernis. Modernis, and all other derivations of the “Modernis” mark appearing on this web site are trademarks and/or service marks of My Dealer Service Corp. and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other website owned, operated, controlled, or licensed by Modernis may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Modernis’ intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of Modernis’ copyrights and other proprietary rights and is strictly prohibited.
Links in this web site may let the user leave Modernis’ mdsnotify.com site. The linked sites are not under the control of Modernis, and Modernis is not responsible for the content available on any other internet sites linked to the web site. Modernis is providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to this web site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by Modernis of the linked site.
Limitation of Liability and Disclaimer of Warranties.
You assume total responsibility and risk for your use of this service. Modernis, its clients, providers, and authorized agents are not responsible for any loss, damage or cost (including, but not limited to, consequential and punitive damages) which you incur due to your use, or inability to use, the service. If you live in a state the laws of which prevent you from taking full responsibility and risk for your use of the service, Modernis’ liability is limited to the greatest extent allowed by law. In no event shall Modernis’ liability exceed the amount of direct damages to the property or person caused by our negligence. Modernis makes no express or implied warranties (including, but not limited to, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding the service or any third party material advertised, promoted, or made available through the service.
Furthermore, the service is provided on an “as is” and “as available” basis – we do not warrant that the service will be uninterrupted or error-free, or that defects will be corrected. Modernis does not warrant or make any representations regarding the materials, goods, or services advertised either by Modernis’ partners or promoted in conjunction with Modernis’ programs. You agree that neither Modernis, nor its affiliated or related entities, or its content providers, are responsible or liable to you for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on this site.
Customer acknowledges that, unless expressly agreed otherwise in a writing signed by Customer and Modernis, data storage is not guaranteed by Modernis and agrees that Modernis shall not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to the loss or deletion of Customer Data.
- Fees. Customer agrees to pay the usage fees set forth in the Rate Schedule. In addition, if applicable, Customer agrees to pay any applicable support fees in connection with Customer’s order of any support services pursuant to the Support Terms.
- Net of Taxes. Unless otherwise stated in the Rate Schedule, all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against Modernis, will be payable by Customer. Customer will not withhold any taxes from any amounts due to Modernis.
- Invoicing. Subject to certain credit requirements as determined by Modernis, Modernis may agree to allow Customer to pay amounts due hereunder in arrears. In such event, Customer will make all of the payments due hereunder within 30 days of the date of the invoice. If Customer is overdue on any payment and fails to cure such non-payment within 10 days of written notice of the non-payment, then Modernis may assess and Customer will pay a late fee of the lesser of 1% per month or the maximum amount allowable by law.
- Disputes. Customer will notify Modernis in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will use reasonable efforts to provide such notice to Modernis within 60 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 60-day period described in this Section, Customer will not be entitled to dispute any fees paid or payable by Customer.
- Suspension. Customer acknowledges that, in the event Customer’s usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Section 3, Modernis will be entitled suspend the Modernis Services associated with Customer’s account without prior notice to Customer. Modernis will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of Modernis Services pursuant to this Section 3.
- Reporting. In the event Customer applies for and is accepted into Modernis’ Partner Program, Customer will have certain reporting obligations in connection with the Partner Program. In addition to any other terms of Modernis’ Partner Program, within 30 days of the end of each calendar quarter Customer will provide to Modernis a quarterly activity report in Modernis’ then current standard form and format. Such reporting will include, at a minimum, the names of End Users of the Customer Application and the Modernis Services usage attributable to each such End User in the applicable quarter.
You agree to indemnify Modernis and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the https://Modernis.com Terms of Service.
Modernis does not knowingly collect information from children under the age of 13 on the Site or through the Service. If you are under the age of 13, please do not provide any information to us. If we become aware that we have collected information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
This site is controlled and/or operated by Modernis from its offices within the State Colorado, United States of America. Modernis makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized Modernis logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.
Choice of Law.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in Colorado, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that Modernis will fully cooperate with any law enforcement authorities or court order requesting or directing Modernis to disclose information or materials in our possession.
Assignment and Succession.
You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, Modernis, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Modernis with respect to the Service. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and Modernis will not waive the right to enforce any provision of this agreement except in writing.
Modernis Acceptable Use Policy
This Acceptable Use Policy describes actions that Modernis prohibits when any party uses the Modernis Services. The Modernis Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited. This list is provided by way of example and should not be considered exhaustive.
- Attempting to bypass or break any security mechanism on any of the Modernis Services or using the Modernis Services in any other manner that poses a security or service risk to Modernis or any of its users.
- Testing or reverse-engineering the Modernis Services in order to find limitations, vulnerabilities or evade filtering capabilities.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Modernis Services or any other conduct that adversely impacts the availability, reliability or stability of the Modernis Services.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Using the Modernis Services in any manner that violates any applicable industry standards, third party policies or requirements that Modernis may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
- Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, Canada’s Anti-Spam Law (CASL) the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using the Modernis Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages.
- Using Modernis Services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
- Using Modernis Services to engage in fraudulent activity with respect to third parties.
- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Taking any action to encourage or promote any activity prohibited under this Acceptable Use Policy.
- Transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
770 Sherman Street
Denver, CO 80203
Phone: (800) 645-1873