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TERMS OF SERVICE

   

 

 

TERMS AND CONDITIONS OF SALE OF EQUIPMENT

 

OUR CODE OF ETHICS

 

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So you're someone who likes reading the small print. We appreciate that. In fact, so do our lawyers.

By accessing or using this website in any way, including, without limitation, use of any of the services, downloading of any materials, or merely browsing the Site, you agree to and are bound by our Terms of Use. If you do not agree with these terms, do not use this site.

This service and the content from or through this website are provided "as is," and ModalART expressly disclaims all warranties express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose or arising from a course of dealing, usage, or trade practice. ModalART makes no warranties or representations regarding the accuracy or completeness of the information.

The information and specifications in this website are subject to change without notice.

We may amend these Terms at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose is strictly prohibited.

Intellectual Property

ModalART respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this website infringes on any copyright which you own or control, or that any link on this website directs you to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.

Copyright & Trademark Information

Copyright © 2010-2018 by ModalART. All rights reserved.

The material made available by ModalART on this website is protected under the laws of the United States and various international laws and treaties. No portion of this website or the material contained on it may be reproduced in any form or by any means without prior written permission from ModalART. For further information, see www.copyright.gov and www.bitlaw.com (technology law: patent, copyright, trademark, and Internet legal issues.

You agree that the name "ModalART," "ModalART Shipping Containers", including all the text, graphics, audio, design, software, and other works are the copyrighted works and the intellectual property of ModalART, and/or third parties and their unauthorized use constitutes copyright and/or trademark infringement. Any redistribution or reproduction of any materials herein is strictly prohibited.

Special Attributions

Product and company names mentioned in this website are used for identification purposes only and may be trademarks or registered trademarks of their respective companies / owners.

Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ModalART infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ModalART to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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 you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Modalart a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/  for details. Notices and counter-notices with respect to the Site should be sent in writing to ModalART Copyright Notice, 105 Maywood Road, Norwalk, CT 06850, USA, info(at)modalart.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

System and/or Network Security

Violations of system or network security may result in civil or criminal liability. ModalART will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation,

  • accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing",
  • sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Applicable Laws

This website (excluding any linked sites) is controlled by ModalART from its offices in the State of Connecticut, USA. By accessing this website, both the user and ModalART agree that the laws of the State of Connecticut, without regard to its conflicts of law principles, will apply to all matters relating to the use of this website. The user and ModalART further agree and hereby submit to the exclusive personal jurisdiction and venue of Stamford, Connecticut. ModalART makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS

Buyers of our products available on this website agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the products or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the products nor the underlying information or technology may be exported or re-exported (i) to Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions applicable to the products, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List.

The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at 408 998-7402, 202 482-2440, or 202 482-4811.

The following sources may assist you in ensuring your organization complies with our sales agreement and the US export control laws or regulations:

  1. For a general understanding of the US export control laws or regulations; identified prohibited countries, individuals, and companies who may not receive our products; and regulations outlining prohibited end uses, visit www.bis.doc.gov/licensing/exportingbasics.htm. The Bureau of Industry and Security website www.bis.doc.gov/.

  2. This document, maintained by the office of Foreign Asset Control (OFAC) of the US Department of the Treasury, lists designated nationals and blocked persons http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf.

By buying our products, buyer agrees to the foregoing, and represents and warrants that it has complied and will in the future comply with these conditions. You agree to indemnify, hold harmless and defend ModalART, its shareholders, directors, officers, employees and agents from and against any losses, costs, damages, liability or expenses, including costs and attorney’s fees, asserted by any person, arising out of your violation of this provision of this Agreement.

Forward-Looking Statements

Materials contained in this site, including downloadable documents and presentations, may contain "forward-looking statements." Forward-looking statements include, without limitation, any statement that may predict, forecast, indicate or imply future results, performance or achievements, and may contain the words "believe," "anticipate," "expect," "estimate," "intend," "project," "plan," "will be," "will likely continue," "will likely result," or words or phrases with similar meaning. All of these forward-looking statements are based on estimates and assumptions made by our management that, although we believe to be reasonable, are inherently uncertain. Forward-looking statements involve risks and uncertainties, including, but not limited to, economic, competitive, governmental and technological factors outside of our control that may cause our business, strategy or actual results to differ materially from the forward-looking statements. We operate in a changing environment in which new risks can emerge from time to time. It is not possible for management to predict all of these risks, nor can it assess the extent to which any factor, or a combination of factors, may cause our business, strategy or actual results to differ materially from those contained in forward-looking statements. Factors you should consider that could cause these differences include, among other things:

  • General economic and business conditions, including exchange rate fluctuations in the United States and abroad;

  • Our ability to identify acquisition opportunities and effectively and cost-efficiently integrate acquisitions;

  • Our ability to maintain effective internal control over financial reporting;

  • Our ability to attract and retain personnel, including key personnel;

  • Our success in developing and introducing new services and products;

  • Competition in the container industry, as it relates to both our existing and potential new customers.

 

Privacy

The protection of users' privacy as a very important principle to us. We understand clearly that you, and the information your provide, are one of our most important assets. We do not sell or rent your personal or corporate information to third parties for marketing purposes without your consent and we only use the information provided via the online forms of our websites or directly to our email addresses to allow our trucking partners and us to bid on your project, and complete any sale.

We back up initial inquiries on computers located in the United States that are protected by physical as well as technological security devices. Any further processing of this data is conducted off-line and via email.

No guarantees: While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

In order to provide you with the best possible service, it helps us to know something about who you are and what your goals are in visiting our website. By necessity, that means we must occasionally ask you for information about yourself.

  • By using the pages on this website that request personal information, you agree to the collection and the use of the information by us. If we decide to revise or update our privacy policy, this page will always reflect our latest policy.
  • This website includes various registration forms that require you to provide personal information. Forms may also include non-mandatory information.
  • We may send you emails with news about our products and special promotions. You can easily opt not to receive such emails by following the included link.
  • We may, from time to time, run promotions and contests on this website. Such promotions and contests require you to provide personal information, such as name, email address, and company. By entering your personal information, you indicate your eligibility to enter and you authorize us to use your name if you are a winner. Winners may be contacted by phone or email.
  • Some information may also be used to grant access to secure, value-added areas of this website.
  • Information gathered from the website is stored securely in a database. In addition to using this information to provide customers with the information, materials, and services that they have requested, we also use this information for internal business purposes, such as evaluating customer interest in particular products and developing new products and services. We do not sell contact information to other companies.
  • We occasionally uses cookies to store information that will make it easier for you to use this site. Cookies store this information in encrypted format; cookies are not used to store sensitive information.
  • This website links to other sites for which we are not responsible. As such, we cannot provide details on any privacy policies that may be implemented by those sites.
  • We welcome any questions that you may have about our privacy policy. Please contact us at info(at) ModalART.com

 

No Warranty

 

ModalART takes no responsibility for the quality or safety of any product distributed sold by it, and buyers, distributors, and affiliate partners are encouraged to try a product before recommending it.

ModalART does not guarantee the suitability of any product for your particular needs in any particular case or for any particular purposes. You should carry out your own verification and obtain independent advice where appropriate before entering into any contractual or other arrangement which may result in loss or damage.

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE AND PRODUCTS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES UNLESS A LOWER AMOUNT HAS BEEN DETERMINED WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE OF ModalART.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD ModalART, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY RELATING TO YOUR USE OF our products or SERVICE.

 

Hyperlinks

 

This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you, and do not imply endorsement by ModalART of or any affiliation with or endorsement by the owner of the linked site. ModalART is not responsible for the contents or use of any linked site, or any consequence of making the link.

 

Viruses

 

IN NO EVENT SHALL ModalART OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, DOWNLOADING OF, OR BROWSING IN THIS WEBSITE, OR ANY DAMAGES ARISING FROM ANY SERVICE INTERRUPTIONS, DELETION OF FILES, COMPUTER ERRORS, OR ANY PERFORMANCE FAILURE OR COMMUNICATION FAILURE ARISING OUT OF USE OF THIS WEBSITE.

 

Legal Fees

 

You acknowledge and agree that if ModalART must bring an action for breach of this agreement, you will be responsible for attorney's fees and costs associated with the action.

 

Venue

 

You agree that the forum for all litigation as a result of misuse of the ModalART website shall be Stamford, Connecticut, USA, notwithstanding conflict of laws rules.

 

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