You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.
During registration, you will be required to provide contact information including an email address, username and password. You may select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark,or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of ModeSens and the Site including our blogs. ModeSens reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing, and credit card information. You are required to provide accurate and complete information.
- Age of Users
- Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
- ModeSens Privacy Statement
Your use of this Site signifies your continuing consent to the ModeSens Privacy Statement, which you can examine any time by clicking on the \"Privacy\" link on the Site.
Personal information that you supply to ModeSens, and any information about your use of ModeSens that we obtain will be subject to the ModeSens Privacy Statement on this Site.
- Changes to ModeSens
We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.
- Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the ModeSens Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use ModeSens for lawful purposes only and may use the Site only in ways consistent with the law.
You shall not use any program, spider or \"bot\" to gather or \"harvest\" information from this Site.
- Proprietary Rights
All materials displayed or performed on the Services, or which may be made available for you are protected by copyright. These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right.
- Electronic Delivery Statement and Your Consent
- Content That You Supply
ModeSens may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
- No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
- Third Party Sites and Advertisers
ModeSens may include on the Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ModeSens is not responsible for any claim or loss due to a third party site or any advertiser.
- Disclaimer of Warranties
We provide this Site and its contents \"as is.\" We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
- Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
- Choice of Law and Location for Resolving Disputes
- Severability and Integration
- Reporting Claims of Copyright Infringement
ModeSens respects the intellectual property of others and takes claims of copyright infringement seriously. ModeSens will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that ModeSens remove or disable access to such material by submitting written notification to the copyright agent ModeSens has designated with the United States Copyright Office (“Copyright Agent”) at the following address:
c/o ModeSens Inc. Copyright Agent
815 Brazos St., Ste. 500
Austin, TX 78701 USA
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.
Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that ModeSens replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:
DMCA Counter Notifications
c/o ModeSens Inc. Copyright Agent
815 Brazos St., Ste. 500
Austin, TX 78701 USA
Pursuant to the DMCA, your written counter notification must include substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
Following receipt of your written counter notification by our Copyright Agent, ModeSens will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that ModeSens will replace the removed material and cease disabling access to it in ten (10) business days.
The DMCA allows ModeSens to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.
Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Promotion and Publicity
We may collect and store information about publicly accessible content on your website, application or other content (such as your website name and website content). Among other things, we may use this information to recommend certain Merchants and for advertising and marketing related activities.
When you begin using links, scripts, cookies and other technologies provided by ModeSens, we will collect and store information about your users and readers. We use this information for commission processing and data analysis, among other things