Terms & Conditions

INTRODUCTION

Mod24, Inc. (“Mod24” or “Company”) helps consumers compare, hire, rate, and review moving services companies (collectively, “Service Provider(s)” or “Mover(s)”). These Terms of Use constitute a legally binding agreement between you and Mod24 governing your use of Mod24 Platform (as defined below), Company’s website (https://www.mod24.com) the Mod24 mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, (collectively, the “Sites and Services”). The Mod24 Platform and the Sites and Services, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Movers and Clients (both more specifically defined below) in relation to the services, together are hereinafter collectively referred to as the “Mod24 Platform.”

ACCEPTANCE OF TERMS

The Sites and Services are owned and operated by Mod24 and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, REGISTERING OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

MODIFICATIONS OF TERMS OF USE

Mod24 may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Mod24 notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, Mod24 grants authorized users a nonexclusive, non transferable, non sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Mod24. Mod24 may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Mod24 shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

THE MOD24 PLATFORM CONNECTS MOVERS AND CLIENTS

The Mod24 Platform is a web-based communications platform which enables connections between Clients and Movers.“Clients” are individuals and/or businesses seeking to procure moving services (“Moves”) from Movers and are therefore clients of Movers, and “Movers” are individuals and/or businesses seeking to perform Moves for Clients. Clients and Movers together are hereinafter referred to as “Users.” If you agree on the terms of a Move with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in below.

MOVERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A MOVER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

The Mod24 Platform only enables connections between Users for the fulfillment of Moves. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Moves, Movers, Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Moves requested or services provided by, or the communications of or between, Users identified through the Mod24 Platform, whether in public, private, or offline interactions or otherwise howsoever.

CONTRACT BETWEEN CLIENTS AND MOVERS

You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Move with another User. The terms of the Service Agreement include the terms set forth in this section, the engagement terms proposed and accepted on the Mod24 Platform, and any other contractual terms accepted by both the Mover and their Client to the extent such terms do not conflict with the terms in this Agreement, including this section, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Mod24 and the Mover (or Assistants (as defined below)), nor will it create an employment relationship between the Client and the Mover (or Assistants (as defined below)). For the avoidance of doubt, the Service Agreement or any Moves booked on the Mod24 Platform will not create any employment or other service relationship between Mod24 and the Client or any Client affiliated entity or person. Company’s role is restricted solely to acting as a limited payment collection agent for the Mover through the Mod24 Platform based on the Moves Movers perform. In acting as the limited payment collection agent for particular Moves on the Mod24 Platform, Mod24 disclaims any other agency or authority to act on behalf of the Mover, and assumes no liability or responsibility for any acts or omissions of the Mover, either within or outside of the Mod24 Platform.

Where approved in advance by the Client, the Mover is not obligated to personally perform the Move. Before any Move services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Mover (collectively “Assistants”), the Mover shall require any such individuals to become a fully registered, oriented and verified Mover on the Mod24 Platform. A Mover’s failure to comply with this provision by bringing an Assistant who is not a registered Mover could lead to removal from the Mod24 Platform. The Mover assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Mover and all persons engaged by the Mover in the performance of the Move services.

While using the Mod24 Platform, Clients, in their sole discretion, determine whether they will be present or not when a Move is performed and/or completed. Clients who elect not to be present when a Move is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the Move is performed, they are appointing that person as their agent (“Client’s Agent”) and the Mover may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself.

The Client shall pay their Mover directly for completed Moves services through the payment processor as indicated on the Mod24 Platform at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Move. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Mod24 reserves the right to suspend or terminate any account or Move pending the resolution of any dispute.

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Mod24. By way of example, and not as a limitation, you agree not to:

• 1. violate these Terms of Use, other applicable agreement with Mod24, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
• 2. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
• 3. use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
• 4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Mod24, which consent may be withheld by Mod24 in our sole discretion;
• 5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure (which will be determined in our sole and absolute discretion), interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
• 6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Mod24, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
• 7. knowingly provide or submit false or misleading information;
• 8. use the Sites and Services if you are under the age of eighteen (18);
• 9. take any action that would undermine the review and rating process under the Sites and Services;
• 10. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
• 11. use the Sites and Services in any way that could interfere with the rights of Mod24 or the rights of other users of the Sites and Services;
• 12. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Mod24 by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
• 13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
• 14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
• 15. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
• 16. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Mod24, including any Mod24 account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Mod24 and provided for by the Sites and Services.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Mod24 with true, accurate, current and complete information as prompted by the Mod24’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

MOD24 MEMBERSHIP

Your Mod24 membership will continue until terminated. To be able to use this service, you will need a registered account on Mod24 platform, and to provide a valid Payment Method. “Payment Method” in this case means a current, valid and accepted method of payment, which will be used to pay for your membership through a third party, authorize.net. If you don’t cancel your membership before the next billing date, you are giving authorization to be charged the membership fee for the next billing cycle in the amount of $49.

We may offer one or more membership plans, including offers from external sources with the provision of their own services or products. Mod24 is not responsible for offered products or services given by third parties. Membership plans can have differing limitations or conditions, which will be disclosed to you during registration. You can find available membership options by visiting the Edit profile page on Mod24 website.

PROMOTIONS AND OFFERS

We may provide special offers, promotions or different membership prices from time to time. Eligibility for all of these will be determined by Mod24 at its discretion. Mod24 reserves a right to revoke or remove the offer if your account is deemed as not eligible.

MEMBERSHIP PRICE AND FEES

Changes to the membership price or fees may occur from time to time, however this will not affect your current billing cycle and this change will not apply earlier than 30 days following a notice sent to you via email.

BILLING AND CANCELATION

Mod24 Membership fee is charged in an interval of 12 months through a third party, authorize.net. Specific payment date, when you will be charged on the provided Payment method, will be shown on your profile page.

In some cases, payment date may change, if the Payment method expired and transaction failed, when you change your membership plan or if you paid membership began on a day not contained in a given month. This information is available in the Your Plan section on the website.

You can cancel your Mod24 membership at any time, you will continue to have benefits from your membership until the end of your billing period. This will not be applicable if you canceled a promo trial of the membership, in that case, all benefits will be removed for your upcoming moves, if any. Payments are non-refundable and refunds or credits for any partial membership periods will not be issued, as permitted by the applicable law.

To cancel your membership go to Your plan section and follow cancelation instructions. After canceling, your next billing will be automatically canceled.

SUBMITTING CONTENT

As a condition of submitting any User Content (as further defined below) or other materials to the Sites or Services, you agree that:

• 1. you grant to Mod24 a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such User Content into other works;
• 2. you grant to Mod24 all rights necessary to publish or refrain from publishing your name and address in connection with your User Content; sublicense through multiple tiers the User Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
• 3. you grant to Mod24 all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your User Content by any other party;
• 4. your name and report information may be made available to the public and to the Service Providers on which you report;
• 5. you represent that you own or have secured all legal rights necessary for the User Content submitted by you to be used by you, Mod24, and others as described and otherwise contemplated in these Terms of Use;
• 6. you represent and warrant that each person identified, depicted, or shown in in your User Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content consistent with these Terms of Use;
• 7. you are solely responsible for your reviews and ratings;
• 8. Mod24 may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
• 9. you will not submit any reviews that may be considered by Mod24 to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
• 10. all of your reviews and ratings will either be based upon your actual first-hand experiences with the Service Providers you are reviewing;
• 11. all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
• 12. you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
• 13. you have not received any form of compensation to post reviews and ratings;
• 14. you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
• 15. you will not submit reviews that comment on other users or the reviews of other users;
• 16. you will not submit reviews with hyperlinks;
• 17. the reviews and ratings that you provide do not reflect the views of Mod24, its officers, managers, owners, employees, agents, designees or other users; and
• 18. To summarize, User Content is defined as any information and materials you provide to Mod24, its corporate partners, on the Mod24 Platform or other Users in connection with your registration for and use of the Mod24 Platform, including without limitation that posted or transmitted for use in public areas. For the avoidance of doubt, and as mentioned elsewhere, you are solely responsible for any User Content you provide, and Mod24 acts merely as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that Mod24 is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. Further, you acknowledge and agree that Mod24 has no obligation to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Mod24 Platform at its sole discretion.

PUBLICATION AND DISTRIBUTION OF CONTENT

Mod24 does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Mod24 simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Mod24 Platform, are the sole responsibility of the person from whom such content originated. You understand that Mod24 does not control, and is not responsible for content or Service Provider Content made available through the Mod24 Platform, and that by using the Mod24 Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content and Service Provider Content.

You further acknowledge that Mod24 has no obligation to screen, preview, monitor or approve any content or Service Provider Content, or content posted or submitted by any other User. However, Mod24 reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of these Terms of Use. By using the Sites and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will Mod24 be liable in any way for any content or Service Provider Content, including, but not limited to, any content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Mod24 relating to content or Service Provider Content, and release Mod24 from any and all liability for or relating to any content or Service Provider Content.

You may, however, report any content that you believe violates these Terms of Use or is otherwise unlawful by sending an email tohelp@mod24.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking the advice of an attorney.

You agree that Mod24 may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration or which you may access the Sites and Services in a given period of time. You agree that Mod24 has no responsibility or liability for the deletion or failure to store any content or other materials maintained or transmitted by or through the Sites and Services. You agree that Mod24 has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

SERVICE PROVIDER

Mod24 does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, Mod24 is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Mod24. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Third parties and Service Providers may link or otherwise direct internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Mod24 does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Mod24’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Mod24 will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Mod24 does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that Mod24 is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Mod24 relating to any interactions or dealings with any Service Provider, and release Mod24 from any and all liability for or relating to any interactions or dealings with Service Providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Mod24 shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Mod24 Sites and Services.

TERMINATION OF ACCESS

Mod24, Inc. (“Mod24” or “Company”) helps consumers compare, hire, rate, and review moving services companies (collectively, “Service Provider(s)” or “Mover(s)”). These Terms of Use constitute a legally binding agreement between you and Mod24 governing your use of Mod24 Platform (as defined below), Company’s website (https://www.mod24.com) the Mod24 mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, (collectively, the “Sites and Services”). The Mod24 Platform and the Sites and Services, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Movers and Clients (both more specifically defined below) in relation to the services, together are hereinafter collectively referred to as the “Mod24 Platform.”

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Mod24, Inc., 18580 Ventura blvd B Tarzana CA 91356. If You have any questions, concerns, or complaints regarding the Services, please contact Mod24, Inc. by either sending: (i) an email to memberservices@mod24com; or (ii) a letter, first class certified mail, to Mod24, 18580 Ventura blvd B Tarzana CA 91356, Attn: Member Services.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

TRADEMARKS AND COPYRIGHTS

Mod24, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Mod24 in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Notices

You agree that Mod24 may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Mod24 will be provided by either sending: (i) an email to memberservices@mod24.com; or (ii) a letter, first class certified mail, to Mod24, 18580 Ventura blvd B Tarzana CA 91356, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or five (5) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Mod24 will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Mod24, Inc.

18580 Ventura blvd B Tarzana CA 91356

Email: copyrightagent@mod24.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• 1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
• 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• 4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• 5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
• 6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Mod24 will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the internet and electronic communications. Mod24 is not responsible for any delays, failures or other damage resulting from such problems.

USER FEEDBACK

Mod24 appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Mod24. In addition, none of the Submissions will be subject to any obligations of confidentiality and Mod24 will not be liable for any future use or disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS

You acknowledge that Mod24 has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Mod24 from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Mod24 makes no representations concerning any content contained in or accessed through the Sites and Services, and Mod24 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Mod24 makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MOD24 NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MOD24, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL MOD24 OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MOD24 OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOD24 OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MOD24 DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOD24’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MOD24 SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MOD24 HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Mod24 has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Mod24 from all liability for you having acquired or not acquired Content through the Sites and Services. Mod24 makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Mod24 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other internet sites or resources. Because Mod24 has no control over such sites and resources, you acknowledge and agree that Mod24 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that Mod24 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless Mod24, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Mod24 or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Mod24 will have sole control of the defense of any such damage or claim.

IMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOD24 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOD24 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY MOD24 OR THE FAILURE OF MOD24 TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

You understand and agree that your unlimited access to Sites and Services on the Mod24 Platform represents a substantial portion of the value you receive from Your Mod24’s Membership Fee. THEREFORE, TO THE EXTENT MOD24 IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, MOD24’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MOD24 CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO MOD24 THROUGH THE USE OF A CREDIT CARD PROCESSOR (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR MOD24, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF MOD24 TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY MOD24. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF MOD24 TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY MOD24. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT MOD24 SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

Mod24 currently uses the following Credit Card Processors to process, use and store User’s credit card, and other related, information. The companies and their privacy policies are provided as a courtesy below. Please note that the policies of the Credit Card Processors may change and that the addresses below may be updated and/or changed. The addresses below are being provided merely as courtesy and Users are responsible for their own information gathering as it related to the privacy policies and any other terms of the Credit Card Processors. Mod24 does not take any responsibility for the actions for these organizations but is simply contracting with them to process credit cards.

• 1) Authorize.net
  • a) Terms of Use - https://www.authorize.net/about-us/terms/
  • b) Privacy Policy - https://www.authorize.net/about-us/privacy/
• 2) Stripe
  • a) Privacy - https://stripe.com/privacy
  • b) Services Agreement - https://stripe.com/ssa

BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the content in each report or record on Mod24 has significant value to Mod24 and that the damage caused to Mod24 for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Mod24’s damages for the specified breaches of these Terms of Use:

If you post content in violation of these Terms of Use, you agree to promptly pay Mod24 One Thousand Dollars ($1,000.00) for each item of content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100.00) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100.00) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Mod24, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Mod24. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Mod24 regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Mod24 under these Terms of Use.

GOVERNING LAW

These Terms of Use and the relationship between you and Mod24 will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Mod24 may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.