The terms and conditions described in these Terms of Service (the “Agreement”) govern your (the “Client”) purchase and use in any manner of all Products and Services ordered by the Client and provided by The Modern Tradesman (The Modern Tradesman, the “Company”). This Agreement explains what is and is not allowed when using our Services, the rights you have as a user of our Services, the rights The Modern Tradesman has in response to your use of our Services, and other important information. This Agreement is a legal contract between the Client and The Modern Tradesman. It is important that you read these terms and conditions carefully. If you do not agree to these terms and conditions, then you may not use the Service. If there is anything that you do not understand in these terms and conditions, please contact us.
By purchasing and using the Services you agree to all of the terms and conditions outlined here.
The Modern Tradesman reserves the right to modify any of the terms and conditions contained within this Agreement at any time and for any reason. The Modern Tradesman can make modifications to the terms and conditions without notice to the Client. The continued use of the service implies you agree with the changes and agree to be bound by them.
Age. By purchasing Services, you agree you are eighteen (18) years of age or older as the Services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.
Use by another party. If the provided Service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the Service responsibility as intended by the Client.
Use on behalf of another party. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
Account Information. You agree to (1) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (2) maintain and promptly update the Registration Data and any other information you provide to The Modern Tradesman, to keep such information accurate, current and complete; and (3) be fully responsible for all use of your account and for any actions that take place through your account.
Account Usage. You are responsible for any and all use on your account. It is your responsibility to keep your account confidential.
Non-Payment. In the event of non-payment, the Client is not permitted to use the website in any manner as per the Payment section below.
Non-resell. Accounts cannot be used to host websites not owned by the Client. The Client does not have the right to resell any portion of the account.
DISASTER RECOVERY / WARRANTIES
The Modern Tradesman works hard to maintain all equipment associated with the Service so it performs optimally, however, as with all technology on occasion there may be disruptions of service. In the event of service failure, The Modern Tradesman is limited to damages of the pro-rata monthly charge during the time of service interruption.
Disaster Recovery and Security. The Modern Tradesman servers are located in a SSAE-16 Compliant data center with redundant power sources and security. In the event of a power outage, natural disaster, unforeseen occurrence, etc, the data center has redundant power sources to keep our servers online. However, The Modern Tradesman is not responsible for any lost data in the event of the previous mentioned situations. Please reference Client Responsibilities.
The Modern Tradesman servers are located in 24/7/365 manned facilities that are protected, both logically and physically, against unauthorized access.
Client Responsibilities: The Modern Tradesman makes no warranties or representations of any kind for the service provided. The Modern Tradesman is not responsible for any loss or damages that may be suffered by the Client from delays or errors of the Client.
The titles and heading of this paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever or to explain, modify, or place and construction on any of the provisions of this Agreement.
LIMITATION OF LIABILITY
The liability of The Modern Tradesman shall not exceed the amount paid by the customer during the 3 (three) months prior to the date of the claim. The Modern Tradesman is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.
You acknowledge and accept that despite the security measures The Modern Tradesman takes in connection with the Services, The Modern Tradesman’s system and/or Client Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, The Modern Tradesman may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that The Modern Tradesman shall have no liability to you for any damage or loss that you may incur due to such corrective action.
Payment. Client agrees to pay for the Service using Authorize.net and any future renewals will be billed to the same payment method unless otherwise canceled or modified. Payment will be billed monthly or annually depending on the package selected and agreed upon. Payment will be made for the selected term.
Price Increases. The Modern Tradesman may increase the fees for the Services (1) in the manner permitted in the applicable description of the Service published by The Modern Tradesman on The Modern Tradesman website or in a promotional offer and (2) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you.
Automatic renewals. By purchasing the Services, you agree to allow The Modern Tradesman to place your account on a recurring plan. The account will automatically be re-billed according to the term length of the Services you select.
Taxes. Sales tax will be collected from Texas state residents at a rate of 8.25%.
Invoices. Invoices are sent 7 (seven) days prior to the due date. Invoices are always due on the 1st (first) day of the month. Invoice reminders are sent 3 (three) days prior to due date.
Late Payments. Late payment reminders are sent via email on the 1st (first), 3rd (third), and 5th (fifth) days after the due date. Late payments will incur a late payment fee of 10% on the 5th (fifth) day after the invoice is due. Accounts are suspended on the 7th (seventh) day after the invoice is due.
Failure to Pay. If you fail to pay the invoice, we may suspend or terminate your Services and pursue the collection costs incurred by The Modern Tradesman, including without limitation, any arbitration and legal fees and The Modern Tradesman’s reasonable attorneys’ fees. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Client Content that results from any suspension or reactivation.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Refunds. Refunds will be made to the Client on a prorated basis dependent on when the Client cancels the Service.
PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless The Modern Tradesman against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. You agree to indemnify, defend and hold harmless the The Modern Tradesman Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the The Modern Tradesman Parties arising out of or relating to (1) your use of the Services, (2) any breach or violation by you of this Agreement; or (3) any of your acts or omissions, except to the extent any of the foregoing directly results from The Modern Tradesman’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Technical Support Tickets. The Modern Tradesman provides technical support through phone and email. You can expect a response within 48 hours for non-urgent matters and you should expect a response during standard business hours. Urgent requests will be responded to within the same day if the support ticket is submitted during standard business hours, Monday – Friday 8 AM – 5 PM. It is the sole discretion of The Modern Tradesman to determine if a support ticket is urgent.
You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing The Modern Tradesman’s Technical Support Services, you grant The Modern Tradesman and, if necessary, third party trusted technical support permission to access your account, if necessary, to resolve your issue. You agree that The Modern Tradesman and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support. The Modern Tradesman will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (1) any modification or attempted modification of the Services by you or any third party outside of The Modern Tradesman’s control, or (2) your failure or refusal to implement changes recommended by The Modern Tradesman; or (c) you are abusive toward our staff in any manner.
TERM AND TERMINATION
This Agreement is effective from the date Services are purchased and will continue until terminated by either party. Upon termination for any reason, all data stored on the Client account will be deleted and cannot be restored.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving notice to The Modern Tradesman by email. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in The Modern Tradesman’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. After the account is canceled, all Client Data will be permanently removed from the server. Please make a backup of all Client Data before you contact The Modern Tradesman to cancel your account.
Termination by The Modern Tradesman. The Modern Tradesman may terminate your access to the Services, in whole or in part, without notice in the event that: (1) you fail to pay any invoices due to The Modern Tradesman; (2) you violate the terms and conditions of this Agreement; (3) your conduct may harm The Modern Tradesman or others, cause The Modern Tradesman or others to incur liability, or disrupt The Modern Tradesman’s business operations (as determined by The Modern Tradesman in its sole discretion); (4) you are abusive toward The Modern Tradesman staff in any manner; or (5) for any other lawful reason or as otherwise specified in this Agreement. In such event, The Modern Tradesman will not refund to you any payments made in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Data Deletion. Upon termination of the Services for any reason, Client Content, Client Websites, and other data will be deleted. The Modern Tradesman is not responsible for the loss of any Client Content.
Modification of Services. The Modern Tradesman reserves the right to modify, change, or discontinue any aspect of the Services at any time.
TRANSFER OF AGREEMENT
Client may not assign or transfer this Agreement. In the event that the Client assumes a new owner due to sale of the company or any other reason, the Client shall notify The Modern Tradesman in writing at least 30 days prior to the effective date.
THIRD PARTY PRODUCTS AND SERVICES
The Modern Tradesman may provide referrals to third party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third-party products and services as The Modern Tradesman is not an agent or representative of any kind of any third party. The Modern Tradesman is also not responsible for any content displayed on third party websites.
The Modern Tradesman will exercise no control whatsoever over the content of the information passing through the network, email or web site. Client agrees to only store information on their account in agreement with the terms and conditions. The Modern Tradesman does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.
The Modern Tradesman has the right to remove any portion of a website to take corrective action at the sole discretion of The Modern Tradesman. The Modern Tradesman also has the right to suspend or terminate services without a refund in the Client is found to be in violation of the terms and conditions. The Modern Tradesman does not hold any liability for any corrective action that was required to be taken.
The Modern Tradesman has the right to refuse any subject matter it deems inappropriate.
You will use your best efforts to ensure that the Client Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
GOVERNING LAW AND JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Last Updated August 7, 2019
PERSONALLY IDENTIFIABLE INFORMATION
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
- We only retain information for the length of time necessary for the purpose the data was collected.
- If you request for your data to be deleted we will retain only the necessary data for legal obligations. All other data will be deleted.
What rights you have over your information:
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
• Keep track of advertisements.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT<
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By chatting with us or by sending us a support ticket
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
Fair Information Practices
Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day of us finding out about the breach.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
Last Updated August 7, 2019