Please read these Terms of Service (the “Terms”) carefully before you start to use this website. The website, including but not limited to (https://modality.agency/), is owned by PPPlanet Earth LLC d/b/a Modality (“Company,” “we,” “us,” “our”). Company and its affiliates provide website access to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of January 1, 2024. This version of these Terms replaces and supersedes any prior terms of service applicable to this website.
These Terms constitute a legally binding agreement between you and Company. By accessing this website, you represent and warrant that you: (1) have read and understood these Terms; (2) are 18 years of age or older and of legal age to enter into a binding agreement; (3) are not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (4) accept these Terms and agree that you are legally bound by them. If you do not agree to any of these Terms, do not use or access this website.
Company grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to access this website, regardless of the medium by which the website is accessed (e.g., via a web or mobile browser). You may view, copy, download, or print materials for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
This website is intended for use by those who are eighteen (18) years of age or older only. Any use or access of the website by persons under 18 years of age is prohibited.
You acknowledge that your access to this website is at our sole discretion and your license to access this website may be terminated by us at any time, for any or no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the website, to terminate any user’s account, and to alter or delete any material submitted to the website. Following termination of this license, these Terms shall apply to the extent practicable.
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling this website or any of the content on this website; (b) bypassing any technical measures used to prevent or restrict access to any portion of this website; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of this website, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access this website’s listings or content; (e) circumventing or attempting to circumvent the security of this website; (f) interfering or attempting to interfere with the proper working of this website or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm Company or users of this website or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of this website; (h) attempting to gain unauthorized access to any portion of this website or any systems or networks connected to this website through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of this website, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or any systems or networks connected to this website; (k) using reports, content, electronic documentation, or other materials available on this website to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of this website or any of its content; (n) using this website to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.
Unless otherwise noted, all content provided on this website, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on this website is either the property of Company or is used by us with the permission of its owner. The compilation of this website is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of this website and content.
The trademarks, logos, and service marks displayed on this website are owned by Company and other third parties, and this website’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on this website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this website.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on this website, including any copyrighted ,patented, or trademarked content. You may only use the materials and content on this website as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on this website is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
The information on this website may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We are not responsible for typographical or other errors or omissions regarding products, currency prices or other information provided on this website. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, currency pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
You acknowledge that your use of this website is at our sole discretion and your license to use this website may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, block or prevent future access to and use of this website, suspend use of this website. Following termination of this license, these Terms shall apply to the extent practicable.
Company reserves the right, but does not have the obligation, to investigate any suspected violation of these Terms or any misuse of this website or to review, monitor, delete, or edit this website, including user Content at its sole discretion for any reason or no reason, with or without notice. Company shall not be liable for any alteration or deletion of any Content.
You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, content you submit, or any other information related to this website if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process initiated by law enforcement authorities, financial regulators, or any other legal authority; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.
This website may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources. For your protection, please refer to the terms of service and privacy policies of those respective websites.
You acknowledge, understand, and agree that Company 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 such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
By accessing and using this website (or any part thereof), you represent and warrant to Company that you will and shall at your own expense ensure compliance with all laws, regulatory requirements, and restrictions applicable to you (as the case may be).
Company is acting solely as an arms’ length third party in relation to Company and not in the capacity as a financial adviser or fiduciary of any person. NOTHING ON OR IN THIS WEBSITE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS LEGAL OR INVESTMENT ADVICE OR RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY OR INSTRUMENT) BY COMPANY OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY COMPANY. INFORMATION ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO INFORMATION ON THIS WEBSITE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS. COMPANY EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY, OR OTHER INTEREST. COMPANY DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. INFORMATION ON THIS WEBSITE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF COMPANY.
No regulatory authority has examined or approved, whether formally or informally, of any of the information set out in this website. No such action or assurance has been or will be taken under the laws, regulatory requirements, or rules of any jurisdiction. The publication, distribution or dissemination of information on this website does not imply that the applicable laws, regulatory requirements, or rules have been complied with.
INFORMATION ACCESSIBLE THROUGH THIS WEBSITE (including any content or whitepapers) IS PROVIDED STrictly FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS WEBSITE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. COMPANY further MAKES NO REPRESENTATIONS OR WARRANTIES THAT your use of this website will be continuous, uninterrupted, error-free, virus-free, or that this website will meet your requirements. Company further makes no representations or warranties that communications between you and Company, or another user of this website, will be secure from interference, virus-free, or free of other harmful components.
THIS WEBSITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THIS WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THIS WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.
NEITHER COMPANY NOR ANY OF COMPANY’S employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THIS WEBSITE, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THIS WEBSITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S Service and associated SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THIS WEBSITE WITHIN THE PRECEDING THREE (3) MONTHS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND COMPANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of this website; (b) your violation of applicable law; (c) Content you post or submit to this website; or (d) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with this website or any services offered in connection with this website, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or this website, your sole and exclusive remedy is to discontinue using this website.
The laws of the State of Delaware shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of this website, whether at law or in equity, must be brought in the state or federal courts located in La Plata County, Colorado, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
You acknowledge that the products, software, and technical information (including, but not limited to, services and training) provided by Company under these Terms are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such products, software, and technical information must be authorized under those laws. You agree that you will not use, distribute, transfer or transmit the products, software or technical information (even if incorporated into other products) within this website except in compliance with export Laws. If requested by Company, you agree to sign all necessary export-related documents as may be required to comply with export laws.
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and use of this website, and supersedes all other agreements, express or implied, written or oral, between you and Company. This website and these Terms may be translated into a language other than English for reference purpose only. In the event of conflict or ambiguity between the English language version and translated versions of this website or these Terms, the English language versions shall prevail. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.
The relationship between you and Company is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between you and Company, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. You shall not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
Company respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of this website, to understand Company’s privacy practices. By visiting or using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://modality.agency/privacy-policy.
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through this website. Your continued use of this website following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of this website. If you do not agree to these revised Terms of Service, do not access or use this website.
Where required, Company may give notice to you by a general posting in this website, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of this website, or your dealings with Company, please contact us at:
19 El Diente Dr.
Durango, CO 81301
or
contact@modality.agency
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