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.

  1. 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.

  2. 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.

  3. 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).

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. Contact Information

    For additional information on these Terms of Use, click here.