someone who likes reading the small print. We appreciate that. In
fact, so do our lawyers.
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
use this site.
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 and specifications in this website are subject to change
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
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.
2010-2018 by ModalART. All rights reserved.
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
(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.
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
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.
and/or Network Security
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
prohibited from violating or attempting to violate the security of
the website, including, without limitation,
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"
unsolicited e-mail, including promotions and/or advertising of
products or services, or
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.
(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
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
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.
sources may assist you in ensuring your organization complies with
our sales agreement and the US export control laws or regulations:
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
Bureau of Industry and Security website
document, maintained by the office of Foreign Asset Control (OFAC)
of the US Department of the Treasury, lists designated nationals
and blocked persons
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
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
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.
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.
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.
the pages on this website that request personal information, you
agree to the collection and the use of the information by us. If
always reflect our latest policy.
website includes various registration forms that require you to
provide personal information. Forms may also include
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.
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.
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.
easier for you to use this site. Cookies store this information
in encrypted format; cookies are not used to store sensitive
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.
welcome any questions that you may have about our privacy
policy. Please contact us at info(at) ModalART.com
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.
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.
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
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.
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
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.
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.
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.
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.
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.