Terms of Use Agreement for modernetc.com

Welcome to modernetc.com Web site.  By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.  The term “modernetc” or “modernetc.com” or “us” or “we” or “our” refers to modernetc, the owner of the Web site.  The term “you” refers to the user or viewer of our Web Site.

1.             Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, materials or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended, modified, terminated, at any time by us from time to time for any reason without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2.             Copyright.

The content in our Site, including but not limited to text, organization, graphics, design, compilation, digital conversion, code and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 

3.             Trademarks and Service Marks.

"modernetc.com" and others are our service marks or registered service marks or trademarks. All trademarks, service marks, names, logos and trade names of modernetc used in the Site are trademarks or service marks owned or used under registered license by modernetc. The use or misuse of any of these trademarks is strictly prohibited. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4.             Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  
Unless otherwise noted, no content included in this Site may be copied or used except as provided in this Term of Use Agreement or with written authorization by modernetc. 
Permission is granted to electronically print individual pages from our Site solely for your own personal non-commercial use, or to place an order with modernetc, or to purchase modernetc products. Any other use, including but not limited to copy, print, reproduce, distribute, display in public, license, transfer, sale, transmit, upload, download, store, delete, alter or modify the content of this Site is strictly prohibited, unless authorized by modernetc.
No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5.             Restrictions and Prohibitions on Use.

All materials on this Site, including all images, text, files, software and data are the property of modernetc. Your license for access and use of the Site and any information, products, materials including all images, files, software, data or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, redistribute, display, distribute, modify, disassemble, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

6.             Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

7.             Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information, materials or other content appearing on the Site.

8.             Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

9.             Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

10.           Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

11.           Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information, including but not limited to content, images, files or documents is not transferable or assignable.

12.           Disclaimer.

THE INFORMATION, CONTENT, PRODUCT, MATERIALS AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, MATERIALS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION MATERIAL OR SERVICE, EXCEPT AS PROVIDED IN SECTION 13(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, MATERIALS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SITE. MODERNETC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS ON THIS SITE OR ON ANY SITE OR SITES “LINKED” TO THIS SITE, IN TERMS OF ACCURACY, ADEQUACY, CORRECTNESS, USEFULNESS, SUITABILITY OR RELIABILITY. MODERNETC MAKES NO REPRESENTATION OR WARRENTIES THAT THE FUNCTIONS ON OUR SITE WILL BE UNINTERRUPTED, AVALIABLE, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

13.           Limitation of Liability.

(a)           We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services materials or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use or inability to use this Site or the products of this Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (f) Further, modernetc will not be liable for any incidental, special or consequential damages that result from the use of, or inability to use this Site even if modernetc has been advised or should have known of the possibility of such damages. 

(b)           OUR AGGREGATED LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY MERCHANDISE OFFERED ON THIS SITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR SUCH MERCHENDISE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US. MODERNETC WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, EVEN IF WE HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONCEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE.

14.           Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, notes, comments, drawings, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property and all your rights in it are ours free of charge. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without your consent and without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

15.           Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You must review this Privacy Policy by clicking on this link.

16.           Payments.

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

17.           Third Party Web Sites.

The Site may provide links to other Web sites operated by third parties. We are not responsible for any of the content, any products, any services, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. modernetc expressly disclaim any liability related to these web sites and the products and services provided by them. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18.           Information and Press Releases.

The Site may provide information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

19.           Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

20.           Risk of loss.

All products purchased from this Site are followed by a shipment contract. The risk of loss and title for such products passes to you upon delivery to the carrier.

21.           Color.

Although different monitors will show different colors, we at modernetc believe that overall the colors display is accurate as possible.

22.           Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Sunnyvale, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). You consent to jurisdiction in the state of California. Any cause of action by you with respect to the Site (and/or any information, Documents, materials, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 and Section 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.