Terms of Service
Last updated: June 26, 2024
1. Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of modulusfe.com (the “Site”), operated by Modulus Global, Inc. (“Modulus,” “we,” “us”). By accessing or using the Site, you agree to these Terms and to all policies and guidelines posted on the Site, which are incorporated by reference. These Terms apply to all visitors and users of the Site. If you do not agree, please do not access or use the Site.
2. Modification of Terms
Modulus may modify these Terms or any aspect of the Site at any time by posting notice of the change on the Site. Your continued use of the Site after a change is posted constitutes your acceptance of the modified Terms. You should check these Terms periodically so that you are aware of any changes.
3. Eligibility
The Site is intended for business and professional use by persons who are 18 years of age or older. By using the Site, you represent and warrant that you meet these requirements.
4. Accounts & Access
Where any login or account is provided, you must supply accurate and complete information, and you may not impersonate any other person or entity or otherwise infringe the rights of others. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access to or use of your account.
5. Access Rights
Where you direct it to do so, Modulus may access third-party websites and content on your behalf. Modulus assumes no obligation to maintain, store, or back up any content that you submit to or through third parties, and you are responsible for retaining your own copies of such content.
6. Content
“Content” means URLs, video, audio, posts, data, text, images, software, and interactive features made available on or through the Site. Any third-party materials you access through the Site are accessed at your own risk, and you are solely responsible for any Content you submit. Modulus Content is protected by copyright and other proprietary rights and is owned by Modulus or its licensors.
Subject to these Terms, Modulus grants you a limited license to view, download, and print Modulus Content for your personal, non-commercial use only. By submitting Content to or through the Site, you grant Modulus a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, and display that Content in connection with the Site and our services, and you represent and warrant that you have all rights necessary to grant this license. Modulus does not guarantee the availability of any Content and may remove or disable access to Content at any time.
7. Website License
Modulus grants you a limited, non-exclusive license to view the Site on devices that you own or control, solely for the purposes permitted by these Terms. Except where expressly permitted by applicable law, you may not copy, modify, distribute, reverse engineer, decompile, or disassemble the Site or any part of it. Modulus has no obligation to maintain or support the Site but may, in its discretion, issue updates.
If you are a U.S. Government end user, the Site and related software are provided as “commercial computer software” under the Federal Acquisition Regulation (FAR) and applicable agency supplements. You agree to comply with all applicable export and re-export control laws and regulations, and you may not export or re-export the Site to any embargoed country or to any person or entity on a government denied-parties or restricted-parties list.
8. Rules of Conduct
You agree that you will not use the Site for any unlawful purpose and will not upload, post, or transmit any Content that: infringes any intellectual property or privacy rights; is unlawful, threatening, abusive, defamatory, or fraudulent; constitutes unsolicited or unauthorized advertising or spam; contains software viruses or other malicious code; impersonates any person or entity or exposes sensitive financial information; is hateful, violent, or obscene; or is false or misleading.
You further agree that you will not impose an unreasonable or disproportionately large load on our infrastructure, interfere with the proper working of the Site, bypass any security measures, run any automated scraping or crawling, or reverse engineer any portion of the Site. Modulus may access, preserve, and disclose information about you and your use of the Site as it reasonably believes necessary to comply with legal process, enforce these Terms, prevent fraud, or protect the rights, property, or safety of Modulus, its users, or the public.
9. DMCA Copyright Complaints
Modulus respects the intellectual property rights of others, and users who are found to be repeat infringers may have their access terminated. If you believe that material on the Site infringes your copyright, you may submit a notice to our Copyright Agent at: Modulus Global, Inc., 9375 E Shea Blvd, Suite 100, Scottsdale, AZ 85260.
Your notice must include the standard elements required under the Digital Millennium Copyright Act (DMCA): a physical or electronic signature; identification of the copyrighted work claimed to have been infringed; identification of the infringing material and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
10. Third-Party Services
The Site may contain links to third-party websites or resources that are not under the control of Modulus. You access such third-party sites and resources at your own risk. The inclusion of any link does not imply endorsement by Modulus, and we are not responsible for the content, policies, or practices of any third party.
11. Purchases & Fees
Modulus may charge fees for certain products or services, together with any applicable taxes, at the rates in effect at the time. Fees and applicable taxes are subject to change.
12. Disclaimers
The Site is provided for informational purposes. Modulus provides software and technology and is not a bank, broker-dealer, exchange, money-services business, or investment adviser, and does not provide financial, investment, legal, or tax advice. Nothing on the Site is a solicitation or recommendation to enter into any transaction.
Any performance, throughput, or hypothetical figures presented on the Site have inherent limitations and are not guarantees of any result. Past performance does not indicate or guarantee future results.
13. Termination
Modulus may suspend or terminate your access to the Site at any time, with or without cause and with or without notice.
14. Warranty Disclaimer
The Site and all Content are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Modulus does not warrant that the Site will be secure or available at any particular time or location, that any defects or errors will be corrected, or that the Site is free of viruses or other harmful components. You assume all risk arising from your use of the Site.
15. Arbitration
In the event of a dispute, the parties will first attempt to resolve the matter informally. If the dispute is not resolved, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration taking place in Maricopa County, Arizona. All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Modulus each waive any right to a jury trial and to participate in a class action.
16. Indemnification
You agree to defend, indemnify, and hold harmless Modulus and its affiliates, employees, contractors, directors, and suppliers from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your misuse of the Site, your Content, your violation of these Terms, or your infringement of any third-party rights.
17. Limitation of Liability
To the maximum extent permitted by law, in no event will Modulus be liable for any lost profits, loss of data, or any special, indirect, incidental, punitive, or consequential damages arising out of or related to the Site or these Terms. In all cases, Modulus’s total liability is capped at the amounts, if any, that you paid to Modulus.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Arizona and applicable U.S. federal law, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, for any dispute arising out of or relating to these Terms or the Site.
19. Entire Agreement & Severability
These Terms constitute the entire agreement between you and Modulus regarding the Site and supersede all prior communications and proposals. If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
20. Miscellaneous
Modulus will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control (force majeure). You may not assign these Terms without our prior written consent; Modulus may assign these Terms freely. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Modulus. Notices may be provided through the Site or other reasonable means. Our failure to enforce any provision is not a waiver of that provision. Headings are for convenience only and have no legal effect.
21. Contact
For legal matters: Modulus Global, Inc., 9375 E Shea Blvd, Suite 100, Scottsdale, AZ 85260. For all other inquiries, please visit our contact page.