MODERN operates and provides the websites located at https://modernis.com and https://service.modernis.com (each a “Site” and, collectively, the “Sites”) and a web-based software platform connecting dealers to their customers in connection with service department management and dealership communications (collectively, the “Service”).
Acceptable Use Policy
You agree to use the Service for lawful purposes only. You expressly agree not to do (or to permit any User or other third party to do) any of the following, which is a non-exhaustive list, during your use of the Service:
- 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 Service (collectively, the “Materials”);
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service;
- Access or use the Sites or Service in order to build a similar or competitive website, product, or service;
- Redeliver any page, text, image, or Materials from the Service using “framing”, hyperlinks, or other technology;
- Engage in any conduct that could interfere with, damage, alter, disable, or overburden (i) the Service, (ii) any Materials or services provided through the Service, or (iii) any systems, networks, servers, or accounts related to the Service, including without limitation, using devices or software that provide repeated automated access to the Service;
- Probe, scan, test, or reverse-engineer the Service, or any Materials, systems, networks, servers, or accounts related to the Service, or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Service 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 Service to find vulnerabilities or evade filtering capabilities;
- Attempt to bypass or break any security mechanism of the Service or use the Service in any other manner that poses a security or service risk to MODERN or any of its other customers;
- Launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Service or any other conduct that adversely impacts the availability, reliability or stability of the Service;
- Transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs;
- Use the Service in any manner that violates any applicable (i) law, rule, or regulation, (ii) industry standard, or (iii) third party policies or requirements that MODERN may communicate to Customer, including without limitation, any and all applicable guidelines published by CTIA, the Mobile Marketing Association or any other accepted industry associations or carrier guidelines;
- Engage in any unsolicited advertising, marketing or other prohibited activities, including, without limitation, any activities that violate any applicable anti-spam laws, rules or regulations including, but not limited to, the CAN SPAM Act of 2003, Canada’s Anti-Spam Law, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (collectively, “Anti-Spam Laws”);
- Use the Service 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;
- Use the Service to harvest or otherwise collecting information about third parties, including email addresses or phone numbers;
- Use the Service to engage in fraudulent activity with respect to third parties;
- Violate or facilitate the violation of any local or foreign law, including laws regarding the transmission of data or software, or
There will be no exceptions to this Acceptable Use Policy unless Customer obtains the prior written consent of MODERN.
Customer is responsible for obtaining all services and technologies necessary to access the Service and Customer understands that such access may involve third party fees and costs (such as Internet service provider or airtime charges). Customer is responsible for all such fees and costs.
Usernames and Passwords
Except for Customer Data, MODERN owns all right, title, and interest in and to the Sites and Service including any and all intellectual property or other proprietary rights therein, including, but not limited to, the Materials.
All brand, product, service names and marks used on the Sites or in the Service that identify MODERN are proprietary names and marks of MODERN. All brand, product, and service names and marks used on the Sites or in the Service which identify third parties or their products or services are proprietary names and marks of such third parties. Except as expressly authorized herein, material from the Sites and Service and from any other website owned, operated, controlled, or licensed by MODERN may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer shall not remove, alter, or obscure any proprietary notices (including copyright notices) of MODERN on the Sites or Service.
“Feedback” means any and all Customer suggestions regarding new features, functionality, or performance for the Service, including suggestions submitted through the Service. Customer hereby grants to MODERN a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use such Feedback for lawful purposes, including, without limitation the development or improvement of features or functionality for the Service. MODERN will not identify Customer as the source of any such Feedback.
Open Source Software
The Service may contain links to websites maintained by other parties. The linked websites are not under the control of MODERN, and MODERN is not responsible for the content available on such websites. MODERN is providing these links to other websites as a convenience to Customers, and access to any linked website is at the Customer’s own risk. The inclusion of any link does not imply an opinion, recommendation, or endorsement by MODERN of the linked website. We expressly disclaim any representation regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
Term, Termination, and Suspension
MODERN 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, provided, however, that MODERN will refund to you any prepaid but unused fees paid by Customer through the effective date of such termination. Further, you agree that MODERN shall not be liable to you or any third party for any termination of your access to the Service as described herein.
All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Confidential Information does not include information that: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public (including any information made available on the Sites that is not protected by confidentiality obligations); or (d) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that (if permitted by law) the Receiving Party promptly notifies the Disclosing Party of such required disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. Notwithstanding the foregoing, MODERN may use Customer’s name and logo in MODERN’s marketing materials that include a customer list.
DISCLAIMER OF WARRANTIES
FROM TIME TO TIME, MODERN MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MODERN’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
LIMITATION ON LABILITY
The Sites and Service can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that MODERN intends to announce or offer such services in your country. The Sites and Service are controlled and offered by MODERN from its facilities in the United States of America. MODERN makes no representations that Sites or Service are appropriate or available for use in other locations. Those who access or use the Sites or Service from other countries do so at their own volition and are responsible for compliance with local law.
Choice of Law
Assignment and Succession
MODERN will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The communications between you and MODERN use electronic means, whether you use the Service or send us emails, or whether MODERN post notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MODERN in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MODERN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Any notices to MODERN required or permitted hereunder shall be sent to MODERN at the address below, or at such other address as MODERN shall specify in writing. Any notices to Customer required or permitted hereunder shall be sent to the email address provided by Customer in the Registration Form, or at such other address as Customer shall specify in writing. If to Customer, such notice shall be deemed given two business days after being sent to Customer’s email address. If to MODERN, such notice shall be deemed given two business days after being sent to the email address provided below; upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, five (5) days after the date of mailing to address provided below.
MY DEALER SERVICE CORP. (DBA MODERN)
770 Sherman Street
Denver, CO 80203