These Terms and Conditions pertain to the purchase and ongoing use of the news, media, content, information, data and related subscription services offered by Modio Information Group (the “Modio Information Group Services”). By purchasing and/or accessing Modio Information Group Services, you agree to be bound by the following Terms and Conditions.
Purchase and/or Access of Modio Information Group Services.
Modio Information Group Services License. When you purchase and/or access Modio Information Group Services, Modio Information Group grants you a limited, revocable, non-exclusive, non-transferable license to stream and/or download the Modio Information Group Service to your computer and/or other device(s) exclusively for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the Modio Information Group Service other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Modio Information Group Service in any manner and you will not use it for any commercial purpose. You agree to not modify, reverse engineer, decompile or disassemble the Modio Information Group Service, or otherwise tamper with the Modio Information Group Service or create any derivative works therefrom.
Subscription pricing is subject to change at any time in Modio Information Group’s sole discretion. Except where noted otherwise, with respect to all subscriptions, any list price displayed represents the full price listed for the subscription itself, as determined by Modio Information Group. Modio Information Group does not confirm the price of an item until you order. While we use our best efforts to avoid items from being mispriced, in the unlikely event that an item is mispriced and the item’s correct price is higher than our stated price, we may, at our discretion, cancel your order.
If you purchase Modio Information Group Services, you must maintain a valid payment instrument, such as a credit card or other permitted payment method, on file with your Modio Information Group account in order to use the Modio Information Group Service. If you want to use a different payment instrument, you must modify your authorized payment instrument information online.If you purchase Modio Information Group Services, you will be charged the full subscription price upon purchase. Modio Information Group may charge any other credit card on file with your account, if your default payment instrument is declined for any reason.
Risk of Loss
Once we have made Modio Information Group Services available to you, you will bear the risk of loss for accessing the Modio Information Group Services, including any loss of internet access or loss due to a device or hard drive crash. Purchased Modio Information Group Services will generally continue to be available when you log on to your Modio Information Group account but may become unavailable due to licensing restrictions from content providers or other reasons outside the control of Modio Information Group, and Modio Information Group will not be liable to you if Modio Information Group Services become unavailable for further access. You will not receive a full or partial refund of any fees already paid in such circumstances. After reviewing our online help resources, if you are not able to access the Modio Information Group Services, please contact Modio Information Group customer support.
Modio Information Group subscription plans are automatically renewable in a term length equal to the term of your corresponding existing subscription plan (ex. existing six month plans automatically renew on a six month basis), until terminated by you or Modio Information Group in accordance with these Terms and Conditions. Modio Information Group will charge your default payment instrument the applicable fee on your renewal date. Modio Information Group may charge any payment instrument on file with your Modio Information Group account, if your default payment method is declined for any reason.
Refund Policy for Subscriber Cancellations.
Subscribers may cancel their subscription at any time during any applicable trial period; however, once any applicable trial period expires, Modio Information Group does not provide refunds for subscriber cancellations.
Plan Modifications and Cancellations.
Prior to the renewal date of a corresponding subscription plan, you may cancel the renewal of the subscription plan or modify your renewal to a different subscription plan.
Expiration of the Underlying Print Publication Subscription.
If your purchase of Modio Information Group Services is conditioned upon having an active subscription to an underlying print publication, and your subscription to the underlying print publication expires before the end of your corresponding Modio Information Group subscription, Modio Information Group will terminate your corresponding Modio Information Group subscription and refund the portion of your Modio Information Group subscription fee corresponding to all full months remaining on your Modio Information Group subscription. For example, if you sign up for a six-month subscription that comes into effect on February 1 (after any applicable trial period) and the subscription to your underlying print publication expires on June 15, Modio Information Group will refund the one sixth of your subscription fee corresponding to the month of July.
Expiration of the Underlying Membership.
If your access to Modio Information Group Services is conditioned upon having a membership in a certain organization and your membership in the organization expires, Modio Information Group will terminate your corresponding Modio Information Group subscription.
Termination of Modio Information Group Service.
It is conceivable that Modio Information Group’s business may change over time. We reserve the right to modify Modio Information Group Services. We also reserve the right to suspend or discontinue your use of Modio Information Group Services or the Modio Information Group Services generally, in whole or in part, at any time with or without notice and without liability to you. If you are an active subscriber at the time we exercise such right, you may be entitled to a full or partial refund.
USE OF AND ACCESS TO THE MODIO INFORMATION GROUP SERVICE IS STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MODIO INFORMATION GROUP SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WHETHER IT BE WITH RESPECT TO USE OF MODIO INFORMATION GROUP SERVICES OR THE CONTENT OR INFORMATION CONTAINED THEREIN. MODIO INFORMATION GROUP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF MODIO INFORMATION GROUP SERVICES. MODIO INFORMATION GROUP MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PROVIDED THROUGH ITS SERVICE IS CORRECT; HOWEVER, MODIO INFORMATION GROUP DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SERVICES. YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SERVICES. WITH RESPECT TO ANY INFORMATION YOU INTEND TO RELY UPON, YOU AGREE TO INDEPENDENTLY VERIFY IT, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN EXPERT IN DOING SO. WITH RESPECT TO CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE MODIO INFORMATION GROUP SERVICE THAT BELONG TO THIRD PARTIES, YOU ACKNOWLEDGE THAT MODIO INFORMATION GROUP ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THIS IS A COMPREHENSIVE LIMITATION OF LIABILTIY AND IN NO EVENT SHALL MODIO INFORMATION GROUP AND ITS AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (“THE MODIO INFORMATION GROUP PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF MODIO INFORMATION GROUP SERVICES, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, OR OTHER PECUNIARY LOSS (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MODIO INFORMATION GROUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MODIO INFORMATION GROUP PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MODIO INFORMATION GROUP BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO YOU OR ANY THIRD PARTY IN AN AMOUNT EXCEEDING THE SUM OF THE SUBSCRIPTION FEES ACTUALLY PAID UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH MODIO INFORMATION GROUP IS NOTIFIED OF SUCH CLAIM IN WRITING. FOR THE PURPOSES OF THE PRECEDING SENTENCE, IF YOUR ACCESS TO MODIO INFORMATION GROUP SERVICES IS CONDITIONED UPON BEING A MEMBER OF A CERTAIN ORGANIZATION AND NO SUBSCRIPTION FEE IS COLLECTED BY MODIO INFORMATION GROUP, UNDER NO CIRCUMSTANCES SHALL MODIO INFORMATION GROUP BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO YOU OR ANY THIRD PARTY IN AN AMOUNT EXCEEDING TWELVE (12) DOLLARS.
You agree to indemnify, defend, and hold harmless Modio Information Group and the Modio Information Group Parties from and against all claims, actions, proceedings, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising or resulting from:
- any third party claims arising out of your use or misuse of Modio Information Group Services.
- the use of or reliance on any news, media, content, information, or data contained within the Modio Information Group Services by you or any third party to whom you have provided such news, media, content, information, or data, regardless of whether or not such news, media, content, information, or data contained any errors or omissions and whether or not Modio Information Group was aware or should have been aware of any such errors or omissions.
- your violation or breach of this Agreement.
- your negligent acts or omissions or willful misconduct.
- any allegation that your use of or access to the Modio Information Group Service infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary rights of any third party. The duty to indemnify, defend and hold harmless Modio Information Group under this Agreement shall survive the termination, cancellation, or expiration of the term set forth in your subscription plans.
This Agreement, together, if applicable, with the parameters of your selected subscription plans, constitute the entire agreement between you and Modio Information Group and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral. There are no representations, promises, warranties, covenants, or undertakings other than those outlined in these Terms and Conditions.