Terms of Use + Privacy Policy

Terms of Use

Introduction.  The website and/or mobile application (collectively the “Site”) from which these 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 Terms of Use. The effective date of these Terms of Use is January 4th, 2019. “You,” “your,” visitor,” or “user” means the individual accessing this site.

We may change these Terms of Use at any time, and by using this Site you agree to the most current version of the Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the 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 Modus Communicate, Modus Capture, Modus Create, and any other Modus services. To the extent those terms and conditions are more specific or conflict with these general 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:
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 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 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 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 this website 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 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 Terms of Use, including attorneys’ fees. If any provision of these 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 Terms of Use does not waive our right to act with respect to subsequent or similar failures.

Privacy Policy

This Privacy Policy tells you how we protect and use information that we gather from you when you access the website or mobile applications to which this policy is linked (the “Site”). By using this Site, you consent to the terms described in the most recent version of this Privacy Policy.  You should also read our Terms of Use to understand the general rules about your use of this Site, and any additional terms that may apply when you access particular services or materials on certain areas of this Site. “Modus,” “we,” “our,” or “us” means Modus Engagement, Inc. and its affiliates. “You,” “User(s),” and similar words means the individual accessing this Site.

NOTE: there may be additional or different privacy terms associated with our products and services. Such terms will be described in the Subscriber Terms or other contractual terms regarding your access to such specific products and/or services.  

Our Privacy Policy identifies how we treat your private and public information.

What is public information and how is it collected and used? Public information is information that is publicly known, or information that cannot identify you as an individual person. Because this information cannot identify you or be tied to you personally in any way, there are no restrictions on the ways that we can use or share such public information.  

What is private information and how is it collected? Private information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number, which you give us in connection with your access to this Site.  We may collect private information from you in a variety of ways when you fill out an online form or survey, or when you conduct an online transaction with us.

Are cookies or other technologies used to collect private information?

We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information we collect using cookies allows us to recognize you as a user when you access the Site, and manage your subscription.  If you decline our cookies, you will not be able to access the Site.  We will not allow third parties other than those companies that we hire to perform services or functions on our behalf to place their own cookies on the Site, or use cookies to track your other browser activities.

How does Modus use private information?  We may keep and use private information we collect from or about you to provide you with access to the Site or other products or services, to respond to your requests, to bill you for products or services  you purchased, to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our services or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and Site Content. We also may use your name in conjunction with our marketing activities. Private information collected online may be combined with information you provide to us through other sources.

We may also remove your private identifiers (your name, e-mail address, address, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is no longer private information and we may treat it like other public information.

Finally, we may use your private information to protect our rights or property, or to protect someone's health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

Does Modus share private information with others?  We will not share your private information collected from the Site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some private information with companies that we hire to perform services or functions on our behalf.  In all cases in which we share your private information with a third party for the purpose of providing a service to us, we will prohibit them from keeping, disclosing or using your information except for the purpose of providing the services we asked them to provide. We will not sell exchange or publish your private information, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

We may be legally compelled to release your private information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting Site visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).  We also may disclose your private information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone's health, safety or welfare, or to comply with a law or regulation, court order or other legal process.

How is private information used for communications?  We may contact you periodically by e-mail, mail or telephone to provide technical or support information.  In addition, some of the features on the Site may allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail.

How is private information secured?  We have implemented generally accepted standards of technology and operational security in order to protect privately-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your private information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your private information.

How can a user access, change, and/or delete private information? You may access, correct, update, and/or delete any private personally-identifiable information that you submit to the Site.  To do so, please either follow the instructions on the page of the Site on which you have provided such information or contact us at 612-470-9946.

What about Children’s Privacy Rights?  We will not intentionally collect any private information (such as a child’s name or email address) from children under the age of 13.  If you think that we have collected private information from a child under the age of 13, please contact us.

Where is my data processed?  Modus is located in the United States.  By providing any information to this Website, all users, including without limitation users in the member states of the European Union, consent to the collection, storage, forward transfer, and processing of such information in the United States of America.

What happens if the policies change?  This policy was updated on January 4th, 2019. We reserve the right to modify this Policy at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the log in page of the Site for a period of time. In addition, if we are changing our privacy policy in a manner that might cause disclosure of private information that  you have previously requested not be disclosed, we will contact you and give you the ability to opt out of such disclosure.