You have reached the Modest Community Services Association Inc.
("Modest") website (the "Site"). By using the Site, you agree to follow
and be bound by the following terms and conditions concerning your use
of the Site ("Terms of Use"). We reserve all rights to revise the Terms
of Use at any time without notice to you or any other party.
Use of Website Information
You may view, copy, play back, download and print documents and media
incorporated into such documents, including but not limited to graphics
and sound (the "Content") from the Site subject to the following: (a)
the Content may be used solely for personal, informational,
non-commercial purposes; and (b) the Content may not be modified or
altered in any way. Except where your use constitutes "fair use" under
copyright law, you may not otherwise use, modify, copy, print, display,
perform, reproduce, publish, license, share or distribute any content
from this website in whole or in part without the express authorization
of Modest.Third Party Websites, Content, Products and Services
The Site includes links to websites and access to content, products and
services from third parties, including but not limited to users,
customers, advertisers and affiliates. You agree that Modest is not
responsible for the availability of, content provided on, and
performance of third party websites. You agree that Modest has no
responsibility for third party content accessible through the Site,
including opinions, advice, statements and advertisements, and
understand that you bear all risks associated with the use of such
content. If you order or purchase any products or services from a third
party, reached through the Site, your relationship is directly with the
third party. You agree that Modest shall not be responsible for: (a) the
quality of third party products or services; and (b) fulfilling any of
the terms of your agreement with the seller, including delivery of
products or services and warranty obligations related to purchased
products or services. You also agree that Modest is and shall not be
responsible for any loss or damage that you may suffer from dealing with
any third party.Passwords and Security
You bear all responsibility for maintaining the confidentiality of any
password(s) you receive for purposes of accessing the Site, and you are
fully responsible for all activities that occur through your
password(s).
You agree to notify Modest Community Services Association Inc.
immediately after you become aware of any unauthorized use of your
password(s).Termination of Use
You agree that Modest reserves the right to, at any time, terminate your
access to the Site and any account(s) you may have in connection with
the Site. Modest may monitor your access to the Site.Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MODEST
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MODEST MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN
DISCRETION AND RISK. MODEST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE.
MODEST RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.Limitation of Liability
IN NO EVENT SHALL MODEST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE
SITE.
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN JURISDICTIONS
THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.Indemnity
You agree to defend, indemnify and hold harmless Modest, its directors,
employees and agents from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable attorneys' fees and
costs, arising out of or in any way connected with your access to or use
of the Site.Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation of
United States export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all export laws
and restrictions and regulations of any United States or foreign agency
or authority, and not to directly or indirectly provide or otherwise
make available Modest services and products in violation of any such
restrictions, laws or regulations, or without all necessary approvals,
including, without limitation, for the development, design, manufacture
or production of nuclear, chemical or biological weapons of mass
destruction. As applicable, you shall obtain and bear all expenses
relating to any necessary licenses and/or exemptions with respect to
your own use of Modest services outside the United States. Neither the
Modest products and services nor the underlying information or
technology may be downloaded or otherwise provided or made available,
either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country subject to United States trade
sanctions, 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 anyone on the U.S. Treasury Department's list of
Specially Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By agreeing to these Terms and
Conditions of Use, you agree to the foregoing and represents and
warrants that you are not located in, under the control of, or a
national or resident of any such country or on any such list.Applicable Law
All matters relating to your access to, and use of, the Site shall be
governed by U.S. federal law or the laws of the State of New York. Any
legal action or proceeding relating to your access to, or use of, the
Site shall be instituted in a state or federal court in New York. You
and Modest agree to submit to the jurisdiction of, and agree that venue
is proper in, these courts in any such legal action or proceeding.Copyright/Trademark Information
Copyright © 2006 to 2011, Modest Community Services Association Inc. All rights reserved.
Modest is a trademark of Modest Community Services Association Inc.
Other names appearing on the Site may be trademarks of their respective
owners.Contact Information
For additional information on these Terms of Use, click here.
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