2. Data Usage
Modulus may use information that is recorded about Users or submitted by Users and aggregated into groups so that it no longer reflects or references an individually identifiable user for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create refine and improve Modulus and Modulus affiliates products and services.
3. The Site.
Modulus reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
4. Links to Other Sites.
The Site may contain links to other sites hosted and/or maintained by third parties. Modulus shall not be responsible for the content of any third party sites that may be linked to this site. These links are provided for your convenience and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Modulus does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.
You agree to indemnify and hold harmless Modulus its subsidiaries and affiliates and their respective officers employees and agents from any and all third party claims or demands including reasonable attorney’s fees arising out of your use of the Site your breach of these terms of service and/or your infringement of any intellectual property right(s).
6. Disclaimer and Limitation of Liability.
Modulus assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an “As Is” basis without a warranty of any kind either express or implied including without limitation any warranty of merchantability or fitness for a particular purpose. Modulus disclaims all responsibility for any loss injury claim liability or damage of any kind resulting from arising out of or in any way related to any information which is posted to the Site by any 3rd party including without limitation information posted on any related blog. MODULUS SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS LOST SAVINGS OR LOST POSTAGE ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF MODULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MODULUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT TORT OR OTHERWISE EXCEED ONE DOLLAR ($1.00).
7. Trademarks and Copyrights.
The trademarks service marks logos and trade dress of Modulus used on this Site are the intellectual property of Modulus and its affiliates and subsidiaries in the United States and throughout the world (collectively “Marks”). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law the Marks may not be used and/or reproduced without the written permission of Modulus. Those uses that are authorized must comply with Modulus’ trademark usage guidelines (provided when necessary upon request). The images text organization and layout (collectively “Materials”) of this site are the exclusive property of Modulus Inc. and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions Modulus does not authorize any downloading distribution or republication of any Materials on this site without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Modulus will enforce its intellectual property rights to the fullest extent permitted under the law.
Modulus’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
9. Choice of Law and Jurisdiction.
The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws principles. In the event of a dispute the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Massachusetts.