Terms of Use

Welcome to MODERN. Please read these Terms of Use carefully as they contain the legal terms and conditions of your access to and use of the Sites and Service (each as defined below) provided by HET, Inc. d/b/a Modern (“MODERN”, “we”, “us” or “our”).

MODERN operates and provides the websites located at https://modernis.com and https://service.modernis.com (each a “Site” and, collectively, the “Sites”) and a web-based software platform connecting dealers to their customers in connection with service department management and dealership communications (collectively, the “Service”).

These Terms of Use, together with the terms agreed to in any Order between MODERN and Customer via MODERN’s registration or ordering process (the “Terms of Use”), are legally binding and constitute the terms and conditions under which MODERN is willing to provide you with the Service. The term “Customer”, “you” or “your” means the business entity who accesses or uses the Service and accepts these Terms of Use. “Order” means the order form entered into between Customer and MODERN via MODERN’s registration and ordering process that sets forth the number and type of Users, the Fees (as defined below), and other information necessary for Customer’s use of the Service. “User” means (a) any Customer employee or contractor, or other individual or identity, that Customer permits to use any aspect of the Service and (b) any Customer client who accesses or uses any aspect of the Service, whether via Customers products or services or otherwise (each a “Customer Client”). Customer is solely responsible for all acts and omissions of its Users.

By completing the registration process, entering into an Order, or otherwise accessing or using the Service, Customer is accepting these Terms of Use, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use on behalf of yourself or the Customer entity that you represent. If you do not agree with all of the provisions of these Terms of Use, do not access and/or use the Service.

The Terms of Use will take precedence over any conflicting or inconsistent terms and conditions, and information included in other materials (e.g. promotional materials and mailers) on the Sites or any Customer purchase order or similar document, which are expressly rejected. In the event of an inconsistency between these Terms of Use and any terms in an Order, the terms of the Order will control only to the extent of such conflict and solely with respect to that Order.

MODERN RESERVES THE RIGHT TO AMEND THESE TERMS OF USE AT ANY TIME. Modifications become effective immediately upon your first access to or use of the Service after the “Last Updated” date on this webpage. Your continued access and use of the Service after the modifications have become effective will be deemed your acceptance of the modified Terms of Use. Please periodically check these Terms of Use to stay informed of any modifications. If you do not agree with the modifications, do not access and/or use the Service.

Privacy Policy
MODERN’s Privacy Policy (“Privacy Policy”) is available at https://modernis.com/privacy. The Privacy Policy describes how we collect, use, and share personal information (including of Customer and your Users) and choices regarding personal information. Customer is solely responsible for its processing of any personal information of Users (including any such personal information provided to Customer by or on behalf of MODERN) in connection with the Service and will ensure that such processing complies with all applicable laws, rules and regulations, including those relating to privacy and data security (“Privacy Laws”). Customer will maintain and comply with a privacy policy that complies with Privacy Laws. Customer represents and warrants that it has provided all required notices to and obtained all necessary consents from each User relating to the processing of such Users’ personal information in connection with the Service, including, with respect to MODERN’s processing of such personal information in accordance with the Privacy Policy. Customer acknowledges and agrees that in connection with its provision of the Service, MODERN is acting as a data processor with respect to its processing of Customer’s and its Users’ personal information.

The Service
Subject to the terms and conditions of these Terms of Use and Customer’s payment of all Fees, MODERN will provide to Customer and its Users access to the Service ordered by Customer as specified in the applicable Order. Each Order will be incorporated by reference into these Terms of Use and subject to the terms and conditions of these Terms of Use.

Subject to the terms and conditions of these Terms of Use, MODERN grants to Customer and its Users, during the Term (as defined below), a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Service ordered by Customer as specified in the applicable Order. If you elect to sign-up for the Service, you will need to complete the Modern registration form (the “Registration Form”) which may require you to provide personal information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and will keep such information true, accurate, current and complete. If MODERN has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, MODERN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Acceptable Use Policy
You agree to use the Service for lawful purposes only. You expressly agree not to do (or to permit any User or other third party to do) any of the following, which is a non-exhaustive list, during your use of the Service:

• Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Service (collectively, the “Materials”);
• Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service;
• Access or use the Sites or Service in order to build a similar or competitive website, product, or service;
• Redeliver any page, text, image, or Materials from the Service using “framing”, hyperlinks, or other technology;
• Engage in any conduct that could interfere with, damage, alter, disable, or overburden (i) the Service, (ii) any Materials or services provided through the Service, or (iii) any systems, networks, servers, or accounts related to the Service, including without limitation, using devices or software that provide repeated automated access to the Service;
• Probe, scan, test, or reverse-engineer the Service, or any Materials, systems, networks, servers, or accounts related to the Service, or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Service through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Service to find vulnerabilities or evade filtering capabilities;
• Attempt to bypass or break any security mechanism of the Service or use the Service in any other manner that poses a security or service risk to MODERN or any of its other customers;
• Launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Service or any other conduct that adversely impacts the availability, reliability or stability of the Service;
• Transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs;
• Use the Service in any manner that violates any applicable (i) law, rule, or regulation, (ii) industry standard, or (iii) third party policies or requirements that MODERN may communicate to Customer, including without limitation, any and all applicable guidelines published by CTIA, the Mobile Marketing Association or any other accepted industry associations or carrier guidelines;
• Engage in any unsolicited advertising, marketing or other prohibited activities, including, without limitation, any activities that violate any applicable anti-spam laws, rules or regulations including, but not limited to, the CAN SPAM Act of 2003, Canada’s Anti-Spam Law, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (collectively, “Anti-Spam Laws”);
• Use the Service in connection with any unsolicited or harassing messages (commercial or otherwise), including, but not limited to, unsolicited or unwanted phone calls SMS or text messages;
• Use the Service to harvest or otherwise collecting information about third parties, including email addresses or phone numbers;
• Use the Service to engage in fraudulent activity with respect to third parties;
• Violate or facilitate the violation of any local or foreign law, including laws regarding the transmission of data or software, or
• Take any action to encourage or promote any activity prohibited under these Terms of Use.

There will be no exceptions to this Acceptable Use Policy unless Customer obtains the prior written consent of MODERN.

Communications
Customer is solely responsible for the content of all email, SMS, text and other communications sent by or on behalf of Customer via the Service, including, without limitation, MODERN’s broadcast Service (“MODERN Broadcast”). Customer represents and warrants that it has provided all required notices to and obtained all necessary consents from each User relating to the User’s use of the Service, including, but not limited to, any consents necessary to comply with Anti-Spam laws in connection with communications sent by or on behalf of Customer to Customer Clients via MODERN Broadcast. Upon request, Customer will provide to MODERN copies of any such notices and consents. This obligation will survive for five (5) years following any termination of these Terms of Use.

HET Inc. SMS Terms and Conditions (US-Based Text Messaging for Modern Service platforms)
By utilizing one or more text messaging notification features, you expressly consent to receive messages from the Modern Service platforms.  You may opt-out of these communications at any time. Consent to receive text messages is not required.

• Program Description
  Modern Service, and its service providers may use an autodialer to deliver text messages to you. MODERN text messages are intended to provide you updates and notifications for your subscribed work orders while you are away from your desk.
• Message Frequency
  The number of MODERN text messages that you receive will vary depending on which Modern Service text messaging feature for which you enable to receive messages and the frequency of the events that trigger messages sent by any specific feature.  
• Cost
  Message and data rates may apply to each text message sent or received in connection with Modern Service text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. MODERN does not impose a separate fee for sending MODERN text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
• How to Opt-Out
  To stop receiving text messages from the Modern Service platforms, text STOP to 94672. You acknowledge that you will then receive one (1) final message from MODERN confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with the short code 94672. You will remain opted in to other MODERN text messaging programs for which you are enrolled.
• Support
  You can text HELP for help or STOP to opt-out. For additional questions or support, please contact us at support@modernis.com.

Availability
Customer is responsible for obtaining all services and technologies necessary to access the Service and Customer understands that such access may involve third party fees and costs (such as Internet service provider or airtime charges). Customer is responsible for all such fees and costs.

Usernames and Passwords
Customer is solely responsible for maintaining the confidentiality of all Customer and User usernames and passwords. Customer agrees (a) not to allow a third party to use its or its Users’ accounts, usernames, or passwords at any time, except as expressly permitted under these Terms of Use; and (b) to notify MODERN promptly of any actual or reasonably suspected unauthorized use of its or its Users’ accounts, usernames, or passwords, or any other breach or suspected breach of these Terms of Use of which it becomes aware. MODERN reserves the right to terminate any username that MODERN reasonably determines may have been used by an unauthorized third party or an individual or entity other than the Customer to whom such username and password was originally assigned or its Users.

Ownership
Except for Customer Data, MODERN owns all right, title, and interest in and to the Sites and Service including any and all intellectual property or other proprietary rights therein, including, but not limited to, the Materials.

All brand, product, service names and marks used on the Sites or in the Service that identify MODERN are proprietary names and marks of MODERN. All brand, product, and service names and marks used on the Sites or in the Service which identify third parties or their products or services are proprietary names and marks of such third parties. Except as expressly authorized herein, material from the Sites and Service and from any other website owned, operated, controlled, or licensed by MODERN may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer shall not remove, alter, or obscure any proprietary notices (including copyright notices) of MODERN on the Sites or Service.

Use or modification of MODERN’s intellectual property in any form, including, but not limited to, use on any other website or networked computer environment, without the express written authorization of MODERN is a violation of MODERN’s copyrights and other proprietary rights, these Terms of Use, and is strictly prohibited.

“Customer Data” means all information, data, files, links, and other materials submitted or uploaded to the Service by Customer or any User, or otherwise provided to MODERN under these Terms of Use. As between MODERN and Customer, Customer Data shall at all times remain the property of Customer. Except for the rights granted in this section MODERN is not acquiring any right, title or interest in or to your Customer Data. You can remove Customer Data from the Service at any time by deleting such Customer Data or deleting your account. You hereby grant (and you represent and warrant that you have obtain all necessary rights, authorizations, and consents (including those from Users) necessary to grant) to MODERN a nonexclusive, royalty-free and fully paid, worldwide license to use, edit, modify, aggregate, reproduce, distribute, display, and perform the Customer Data, and to grant sublicenses of the foregoing rights, in connection with the operation of the Service, the promotion, advertising or marketing of the Service, and the operation of MODERN’s business. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Data.

Feedback
“Feedback” means any and all Customer suggestions regarding new features, functionality, or performance for the Service, including suggestions submitted through the Service. Customer hereby grants to MODERN a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use such Feedback for lawful purposes, including, without limitation the development or improvement of features or functionality for the Service. MODERN will not identify Customer as the source of any such Feedback.

Open Source Software
Certain aspects of the Service may include software that is subject to “open source” or “free software” licenses (“Open Source Software”) and may be owned by third parties. The Open Source Software is not subject to these Terms of Use, and instead, is licensed to Customer under the terms of the applicable Open Source Software license. Nothing in these Terms of Use limit Customer’s rights under, or grants Customer rights that supersede, the licenses applicable to the Open Source Software. If required by any license for the Open Source Software, MODERN will make such Open Source Software, and MODERN’s modifications to that Open Source Software, if any, available by written request at the notice address specified herein.

Linking Sites
The Service may contain links to websites maintained by other parties. The linked websites are not under the control of MODERN, and MODERN is not responsible for the content available on such websites. MODERN is providing these links to other websites as a convenience to Customers, and access to any linked website is at the Customer’s own risk. The inclusion of any link does not imply an opinion, recommendation, or endorsement by MODERN of the linked website. We expressly disclaim any representation regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

Fees
Customer agrees to pay the usage fees and support fees, if any, set forth in the applicable Order (collectively the “Fees”). You hereby authorize MODERN to charge you all applicable Fees using your selected method of payment (e.g. credit card or PayPal) as of the date the invoice is generated. All information regarding your payment method must be accurate, current, and complete. Unless otherwise set forth in the applicable Order, all Fees are invoiced on a monthly basis and will be paid in U.S. dollars and are non-refundable. If MODERN is unable to charge Customer’s preferred method of payment on the date invoiced and if Customer is overdue on any payment and fails to cure such non-payment within ten (10) days of written notice of the non-payment, then such amount will accrue a late fee of the lesser of 1.5% per month or the maximum rate allowable by law from the due date until paid. In the event that Customer has a good faith dispute as to any portion of any fees paid or payable by Customer under these Terms of Use, Customer will notify MODERN in writing of such dispute within sixty (60) days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 60-day period described in this herein, Customer will not be entitled to dispute any fees paid or payable by Customer. Interest will not accrue on any disputed amounts so long as Customer pay such amounts within thirty (30) days after resolution of the dispute. MODERN may change the Fees by providing thirty (30) days written notice to Customer.

All Fees exclude, and Customer will be responsible for, all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other taxes applicable to the transactions contemplated by these Terms of Use, except for taxes based on MODERN’s net income. Customer will not withhold any taxes from any amounts due to MODERN.

Term, Termination, and Suspension
The term of these Terms of Use will commence on the date you accept these Terms of Use and will continue until the end of the term set forth in the applicable Order unless earlier terminated as set forth herein (the “Term”).

You may terminate participation in the Service at any time by contacting MODERN and cancelling your account. You acknowledge and agree that MODERN in its sole discretion, is entitled to suspend or terminate your access to the Service and your account (or any part thereof) without prior notice, in the event that you exceed usage limitations as set forth in the applicable Order, fail to pay amounts due as described in the Fee section of these Terms of Use, or violate these Terms of Use. Upon termination of your account these Terms of Use will be terminated as applicable to you, and upon such termination you will promptly pay MODERN all amounts due under these Terms of Use, your access to the Service will be terminated. Customer will not have any rights in or to the Service after the termination of these Terms of Use.

MODERN may also in its sole discretion, for any reason or no reason and at any time, discontinue providing the Service, or any part thereof, with or without notice, provided, however, that MODERN will refund to you any prepaid but unused fees paid by Customer through the effective date of such termination. Further, you agree that MODERN shall not be liable to you or any third party for any termination of your access to the Service as described herein.
All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Confidential Information
“Confidential Information” means all information of the disclosing party disclosed to the receiving party that is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. The Service shall be considered MODERN’s Confidential Information, notwithstanding any failure to mark or identify it as such. Customer Data shall be considered Customer’s Confidential Information, notwithstanding any failure to mark or identify it as such. The relationship of the parties created by these Terms of Use is not Confidential Information.

The party receiving Confidential Information (“Receiving Party”) from the other party (“Disclosing Party”) shall not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by these Terms of Use, and shall disclose the Confidential Information of the Disclosing Party only to the employees, independent contractors, or agents of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party shall protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.

Confidential Information does not include information that: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public (including any information made available on the Sites that is not protected by confidentiality obligations); or (d) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that (if permitted by law) the Receiving Party promptly notifies the Disclosing Party of such required disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. Notwithstanding the foregoing, MODERN may use Customer’s name and logo in MODERN’s marketing materials that include a customer list.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MODERN AND ITS SUBSIDIARIES, AFFILIATES, AND ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, PROVIDERS, LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITES OR SERVICE INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE ACCESSIBLE, AVAILABLE, UNINTERRUPTED, SECURE, VIRUS OR ERROR-FREE, OR AS RELATED TO THIRD PARTY MATERIALS OR GOODS ADVERTISED OR PROMOTED BY MODERN’S PARTNERS ON THE SERVICE, OR AS OTHERWISE ARISING FROM OR RELATED TO THESE TERMS OF USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICE IS AT YOUR SOLE RISK.

FROM TIME TO TIME, MODERN MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MODERN’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

LIMITATION ON LABILITY
IN NO EVENT SHALL MODERN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING (INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, GOODWILL, INTERRUPTED COMMUNICATIONS, LOST DATA, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE EVEN IF MODERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MODERN’S AGGREGATE LIABILITY TO CUSTOMER UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT FEES PAID OR PAYABLE BY CUSTOMER TO MODERN DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) FIRST GIVING RISE TO ANY SUCH LIABILITY OR $50.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MODERN AND CUSTOMER.

Indemnification
Customer shall defend, at its own expense, any claim, suit, or action against MODERN brought by a third party to the extent that such claim, suit, or action arising from or related to (a) any actual or alleged breach by Customer of any provision of these Terms of Use, (b) your Customer Data, (c) the acts and omissions of your Users, (d) any claim by any Customer Client relating to the Service, including, but not limited to, claims arising out of such Customer Clients’ use or inability to use any products and services provided to them by Customer, (e) your violation of any rights of another party, including any User; (f) your violation of any applicable laws, rules or regulations or (g) your failure to provide any required notices or obtain any necessary consents from any User (each a “Claim”), and Customer shall indemnify and hold MODERN harmless from and against all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) awarded in any such Claim or those costs and damages agreed to in a monetary settlement of any such Claim. The foregoing obligations is conditioned on MODERN promptly notifying Customer in writing of any such Claim. Notwithstanding the foregoing, Customer shall have no obligation under this section or otherwise with respect to any claim to the extent based upon the gross negligence or intentional misconduct of MODERN.

International Users
The Sites and Service can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that MODERN intends to announce or offer such services in your country. The Sites and Service are controlled and offered by MODERN from its facilities in the United States of America. MODERN makes no representations that Sites or Service are appropriate or available for use in other locations. Those who access or use the Sites or Service from other countries do so at their own volition and are responsible for compliance with local law.

Choice of Law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, without giving effect to its conflicts of law principles. You expressly consent to the exclusive personal jurisdiction in Nevada, and further agree that any action arising under these Terms of Use or in connection with any matters related to the Service, will be brought only in the state or federal courts located in Nevada. These Terms of Use will not be governed by the UN Convention on Contracts for the International Sale of Goods.

Assignment and Succession
These Terms of Use may not be assigned or transferred to any third party without MODERN’s prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. MODERN may assign or transfer the Terms of Use pursuant to a transfer of all or substantially all of its assets without Customer’s consent. The Terms of Use will inure to any permitted successors or assigns.

Independent Contractors
Customer and MODERN are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms of Use. Neither party shall have the power to obligate or bind the other party.

Force Majeure
MODERN will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Entire Agreement
These Terms of Use, including all Orders entered into hereunder, form the complete agreement between you and MODERN and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of these Terms of Use. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify these Terms of Use.

Severability; Waiver
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Electronic Communication
The communications between you and MODERN use electronic means, whether you use the Service or send us emails, or whether MODERN post notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MODERN in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MODERN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Notice
Any notices to MODERN required or permitted hereunder shall be sent to MODERN at the address below, or at such other address as MODERN shall specify in writing. Any notices to Customer required or permitted hereunder shall be sent to the email address provided by Customer in the Registration Form, or at such other address as Customer shall specify in writing. If to Customer, such notice shall be deemed given two business days after being sent to Customer’s email address. If to MODERN, such notice shall be deemed given two business days after being sent to the email address provided below; upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, five (5) days after the date of mailing to address provided below.

Contacting Us
We value your opinions. If you have comments or questions about these Terms of Use or the Service, you may contact us at info@modernis.com or at:

HET, Inc. (DBA MODERN)
PO Box 237
Mesquite, NV 89024