Version 1.1 | Effective Date: June 1, 2021
SCOPE OF THE TERMS
These Terms shall govern our liability arising from your use of the Services as well as any legal actions brought against us. “Use of Service” shall include the visiting and viewing of this website.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MODERN PROFESSIONAL IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD-PARTY APPLICATION DEVELOPED USING MODERN PROFESSIONAL’S API).
THE SERVICE IS CONTROLLED, OPERATED AND HOSTED FROM WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS.
What this means: We don’t guarantee your ability to use the Service and when you do use the Service, we are not responsible for any damage, deletion or loss of data, or anything else that could possibly go wrong with your computer and information stored on it. Additionally, we aren’t responsible for any laws that are violated by you by accessing the Service, and we don’t guarantee that the Service will be available at any time.
LIMITATIONS ON LIABILITY
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MODERN PROFESSIONAL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), MODERN PROFESSIONAL (AND THOSE THAT MODERN PROFESSIONAL WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF MODERN PROFESSIONAL (AND THOSE THAT MODERN PROFESSIONAL WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) $500 USD. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MODERN PROFESSIONAL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MODERN PROFESSIONAL HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION ARE TO BE APPLIED IN ANY AND ALL INSTANCES PERMITTED BY APPLICABLE LAW.
BY USING THE SERVICES, YOU AGREE AND CONSENT TO MODERN PROFESSIONAL’S LIMITED LIABILITY AND AGREE THAT SUCH TERMS AS DESCRIBED IN THIS SECTION (“LIMITATIONS ON LIABILITY”) ARE BOTH FAIR AND EQUITABLE.
INFORMAL RESOLUTION You agree and consent that prior to filing any claim against Modern Professional relating to or arising out of these Terms you will first contact Modern Professional at email@example.com to provide us with an effort to resolve any issue in an informal manner.
You agree that your informal notice of any dispute sent to firstname.lastname@example.org will not be complete unless and until it includes each of the following:
Your full name and the claimant’s full name (if you are not the claimant);
Relationship to claimant (e.g., legal representative, guardian);
Your mailing address and the claimant’s mailing address (if you are not the claimant);
Your telephone number and the claimant’s telephone number (if you are not the claimant);
Your email address and the claimant’s email address (if you are not the claimant).
What this means: Before taking your claim to arbitration, you will first contact us and we will see if we can work out a resolution privately.
You expressly agree and consent, without any express or implied limitations, to the personal jurisdiction of the State of Florida.
What this means: Courts in the State of Florida will be able to exercise their powers over you during the pendency of any action you bring against Modern Professional in court.
If any dispute is not resolved to the satisfaction of both you and Modern Professional within 45 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).
ARBITRATION PROCEDURES AND FEES
The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
Arbitration will be held in the Fort Lauderdale, in the County of Broward in the State of Florida, in the United States, or in any other location we may agree to.
The AAA rules will govern payment of all arbitration fees.
Modern Professional reserves the right to seek attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is frivolous.
What this means: Before bringing your claim to a court, we will try to resolve your dispute through binding arbitration. Additionally, you are required come to Fort Lauderdale, FL to engage Modern Professional in an arbitration proceeding.
NO CLASS ACTIONS
All claims must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Class arbitrations, class actions, private Attorney General actions, and consolidation with other arbitrations are not allowed.
What this means: You cannot file or me a member of any class action against Modern Professional.
These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
What this means: The laws of the State of Florida will be applied as necessary by the arbitrator and, as necessary, by the court.
By using the Services, you expressly consent and agree and irrevocably consent to the exclusive jurisdiction and venue of any competent State or Federal court located within the City of Fort Lauderdale in the County of Broward, Florida.
What this means: You are required to come to Fort Lauderdale, FL for any action you bring against Modern Professional.
TIME LIMITATION ON CLAIMS
Any and all claims against Modern Professional shall be brought no later than one year (365 days) after any incident giving rise to an alleged cause of action.
What this means: If you believe you have a claim, you must contact us at email@example.com within 365 days or your claim will no longer be valid.
These Terms constitute the entire agreement between you and Modern Professional concerning the Service.
These Terms replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service.
What this means: These Terms (on this webpage) are what you should be referring to as the current version that you are agreeing to. Printouts, archived copies you may have saved on your computer, and quoted sections of our terms on other websites are not sufficient.
If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms shall remain in full force and effect and an enforceable term shall be substituted reflecting as closely as possible our original intent.
What this means: If the court feels that a part of these Terms cannot be used, the court will remove that term and add another term so that the Terms can be interpreted in a way that we originally intended.
Modern Professional’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce these Terms on a later date.
What this means: We don’t need to enforce our rights to retain them. If you have any questions about these terms, please contact firstname.lastname@example.org.