Terms of Use

Terms and Conditions for Access and Use of the ModularCenter.com Web Site

Access and use of the ModularCenter.com Web site is subject to compliance with the terms and conditions set forth in this agreement ("Agreement"). Please take the time to examine this document carefully and understand its full contents before accessing or using the Web site. By accessing or using the Web site, you will agree to be legally bound by the terms and conditions set forth below. You should not access or use the Web site if you do not want to be bound by these terms and conditions, without exception. This Agreement may be modified at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using this Web site you agree to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.

ModularCenter.com Usage Agreement

By accessing and using the Web site you hereby agree to fully comply with the Operational Polices ("Policies") set forth below. The Policies are the rules that govern the use of, and activity in connection with the Web site. ModularCenter.com has the right to amend such Policies without notice and from time to time as it in its sole discretion deems appropriate. ModularCenter.com is the sole decision-maker as to the use of the Web site and as such it has the right to prohibit or remove any materials or communications, which ModularCenter.com believes in its sole discretion to be in violation of such Policies.

Disclaimer

In using the ModularCenter.com web site you acknowledge and agree that you are accepting our services and recommendations on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and ModularCenter.com's sole obligation to you or any third party for any claim arising out of your use of the ModularCenter.com services or the ModularCenter.com web site, is that you are free to discontinue your use of the ModularCenter.com services or the ModularCenter.com web site at any time.

MODULARCENTER.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF MODULARCENTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Web Site Property

The computer programs contained on the site or other electronic media contains the intellectual property and other proprietary information of ModularCenter.com. All title to, ownership of, and rights in and to the software including and enhancements, improvements and other additions thereto shall remain the sole and exclusive property of ModularCenter.com.

All software and hardware involved in this site is the exclusive property of ModularCenter.com. This software, including without limitation all HTML code, Perl Scripts, Javascript, Java Programs and Active X controls contained in this site, exclusively owned by ModularCenter.com, is and shall, to the maximum extent possible, be protected by copyright laws and international treaty provisions.

Any reproduction, redistribution, public performance, display or creation of a derivative work of the software is expressly prohibited by this Agreement and breaches will be pursued by legal action to the fullest extent possible. To the extent this software is covered by copyright law, violators are given notice that any such violations may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You shall have no right or claim of right to the software or any unique ideas found on this site.

All data and materials digitized by ModularCenter.com on your behalf, shall be exclusively licensed to ModularCenter.com for the sole purpose of use on the Site. You, or any agent or party on your behalf, agree that you shall not enter the Site in order to use data digitized by ModularCenter.com for any purpose other than those described in these terms and conditions, without the express written consent of ModularCenter.com.

COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Indemnification

Furthermore, you agree to indemnify ModularCenter.com, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the ModularCenter.com services or connection to the ModularCenter.com web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of ModularCenter.com's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of ModularCenter.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Youagree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ModularCenter.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely in the State of New York and between New York residents. You agree to submit to jurisdiction in New York and that any claim arising under these Terms and Conditions will be brought solely in a court in Suffolk County, New York.

Copyright Notice

The entire contents of the Web site are copyrighted under the United States copyright laws. ModularCenter.com is the exclusive owner of the copyright.