Welcome to the website of Modo Energy Limited (“Modo”, “we”, “us” or “our”). We’re glad you’re here, and we hope you enjoy everything we have to offer!
These Terms of Service (“TOS”) govern your use of the websites that link to these TOS. In these TOS, the word “Sites” refers to each of these websites and the services offered on those websites. You automatically agree to these TOS simply by using or logging into the Sites.
Please note that we also offer the purchase of service subscriptions. Your use of Modo subscriptions is provided by Modo pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the purchased or granted subscriptions or log into the Sites.
We may modify these TOS at any time so be sure to check back regularly. By continuing to use or log in to a Site after these TOS have changed, you indicate your agreement to the revised TOS. If you do not agree to the changes, you should stop using or logging in to the Sites.
You represent that you have read and agree to be bound by the TOS.
Modo reserves the right to modify the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. We may also require you to create an account and provide us with additional information to give access to certain features. If you don’t like any changes, you can stop using our Sites at any time.
The Sites, and all of the content they contains, or may in the future contain, including but not limited to, many representations of intellectual property such as for example text, photographs or video (collectively, the “Service”) that relates to the Sites, are owned by or licensed by Modo or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United Kingdom, U.S. and other countries. The Service is also protected as a collective work or compilation under UK and U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Modo and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Modo and such others. You agree to protect the proprietary rights of Modo and all others having rights in the Service during and after the term of these TOS and to comply with all reasonable written requests made by Modo on behalf of itself or its suppliers and licensors (“Suppliers”) to protect their and others’ rights in the Service. You agree to notify Modo in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any intellectual property rights, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Modo, at all times be and remain the sole and exclusive property of Modo.
All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Modo for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual contributor to the Service for any purpose, without Modo’s prior written approval.
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own internal use and benefit, and not for resale or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Modo.
Except as expressly permitted by Modo in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices.
You may not recirculate, redistribute or publish the analysis and presentation included in the Service without Modo’s prior written consent. Nothing contained in the TOS or on the Sites should be construed as granting any license or right to use any Service in any manner without the prior written consent of Modo or such third party that may own the Service or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.
You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Modo. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.
Please do not use the Sites in any other way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
It should be common sense, so we won’t bore you with an additional list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Modo ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
(ii) Modo’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, it is not confidential and Modo reserves the right to reproduce, use, disclose, and distribute such submission without any obligation to you.
Without limiting the generality of the foregoing, we may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services related to Content. Please note that this license continues even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT MODO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. MODO DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. MODO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MODO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
(ii) Modo does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Modo or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Modo and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Modo, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Modo by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by Modo. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site Modo is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Modo does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Modo is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Modo and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) Modo does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Modo is a party; (v) none of the information contained on the Site constitutes a solicitation, offer, opinion, endorsement or recommendation by Modo to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on the Site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, Modo, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MODO, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF MODO HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MODO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
You agree, at your own expense, to indemnify, defend and hold harmless Modo, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Modo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Modo in asserting any available defense. You acknowledge and agree to pay Modo’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Modo under the TOS and any other terms and conditions of service on this Site, including without limitation, lawsuits arising from your failure to indemnify Modo pursuant to the TOS.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, Modo may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Modo if you, in Modo’s sole discretion, fail to comply with any provision of the TOS. (c) Modo shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or Modo, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. Modo will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this Site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Modo. Upon termination of your membership or access to this Site, or upon demand by Modo, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that Modo will aggressively enforce its rights to the fullest extent of the law.
(i) Modo operates the Site in the United Kingdom and United States. Modo makes no representation that the Service, including merchandise offered for sale on this Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United Kingdom and United States. If you access the Site from locations outside of the UK and U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(ii) The Site is controlled and operated by Modo from its offices within the State of Texas, United States and United Kingdom. Modo makes no representation that materials on the Site are appropriate or available for use in other locations.
The TOS shall be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Texas, United States, without giving effect to conflicts-of-law principles thereof. The courts located in Austin, Texas, United States, shall have exclusive jurisdiction of any disputes. Despite the application of Travis County, Texas law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You represent, warrant and covenant to Modo that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, the Crimea, Donetsk or Luhansk regions, Syria, Cuba, North Korea, or Iran.
Notwithstanding any other provision of these TOS, Modo does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.
The Services may be subject to export laws and regulations of the United Kingdom, United States and other jurisdictions. You represent that you are not on any U.S. or U.K. Sanction list.
The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
The TOS and any other terms and conditions of service on this Site, and its successor, constitute the entire agreement between you and Modo, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Modo’s written authorization.
Subscription terms are available at:
YOU MAY NOT FRAME THIS WEB SITE, OR ANY PORTION THEREOF, UNLESS EXPLICITLY AGREED BELOW. IF YOU LINK TO THIS WEB SITE, OR ANY PORTION THEREOF, PLEASE SEE THE CONDITIONS BELOW.
Without limiting other provisions contained in our TOS, you may include a link(s) on your Website to publicly accessible Sites. You may not link to Sites any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights, or is otherwise deemed inappropriate, as determined by Modo in its sole discretion. The link to Sites must not damage, dilute or tarnish the goodwill associated with any Modo names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Modo. Modo reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Modo deems to be inappropriate or inconsistent with or antithetical to this site and/or these TOS.
Modo is concerned about the integrity of Sites when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Modo is concerned with activities such as bringing up or presenting content of Sites within another website (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any Sites, except with our express written permission. Further, you may not archive, cache, or mirror any Sites or portions of Sites. If you would like to use, reprint, frame, or redistribute any Modo content other than as permitted herein, you must request permission from Modo. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of the Site which you would like to use.
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