Terms and Conditions
Please read these terms and conditions carefully before using the website operated by Modern Solutions Consulting LLC. In this Terms of Use Agreement, unless the context otherwise requires or permits, Terms of Use agreement (“Agreement”), terms and conditions (“terms and conditions” or “terms”), website (“website,” “Digital Platforms,” or “service”), consulting services (“products” or “services”) and Modern Solutions Consulting LLC (“Modern Solutions”, “Company”, “it”, “our”, ‘we” or “us”).
Terms of Use
By using this website or service, you certify that you have read and reviewed this Agreement, along with our Company Privacy Policy, and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Modern Solutions Consulting only grants use and access of this website, its products, and its services to those who have accepted its terms.
Privacy Policy
Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Age Restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Modern Solutions Consulting assumes no responsibility for liabilities related to age misrepresentation.
Intellectual Property
You agree that all materials, products, and services provided on this website are the property of Modern Solutions Consulting, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.
User Representations
As a user of this website, you may be asked to register with us and provide private information. By using our Services, you represent and warrant that you are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.
If you think there are any possible issues regarding the security of your information on the website, inform us immediately so we may address them accordingly.
We reserve all rights to cancel subscriptions, edit or remove content and cancel services at our sole discretion.
Applicable Law
By visiting this website, you agree that the laws of the Michigan State, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between you and our Company, or its business partners and associates.
Disputes
By visiting this website, you agree that the laws of the Michigan State, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between you and our Company, or its business partners and associates.
- Any dispute arising in relation to your access and use of the Digital Platforms (including any non-contractual dispute or claim) shall be governed by the laws of Michigan (exclusive of its choice of law provisions) and, in line with the below, you and we agree to submit to the exclusive jurisdiction of the courts in Oakland County, Michigan.
- You and Modern Solutions agree that any dispute or claim arising from or relating to this Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association, and its applicable rules, (the “relevant AAA Rules”) then in effect (those rules are deemed incorporated by reference into this section, and as of the date of this Agreement, you can find the AAA Rules here). For clarity, disputes between us and a consumer user shall be specifically governed by the AAA Consumer Arbitration Rules then in effect. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction per the above Section (a). Any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Modern Solutions are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your individual claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Cost of Arbitration – Payment for any and all reasonable filing fees, administrative costs and arbitrator fees will be in accordance with the relevant AAA Rules. If the value of your claim does not exceed $500 USD, Modern Solutions will pay for the reasonable filing fees, administrative costs and arbitrator fees, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Indemnification
You agree to indemnify and hold us, our subsidiaries, affiliates, related entities and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, that arises out of your use of the Digital Platforms, any breach of this Agreement, or your infringement of someone else’s rights. You agree to indemnify the Company and its affiliates and hold it harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Warranties and Limitation on Liability
The Company is not liable for any damages that may occur to you as a result of your misuse of our website.
The Company reserves the right to edit, modify, and change this Agreement at any time and without warning. We may let our users know of these changes through electronic mail. This Agreement is an understanding between Modern Solutions Consulting and the User, and this supersedes and replaces all prior agreements regarding the use of this website. It is up to the User to stay informed of any changes to this Agreement.
Contributions, information and other materials made available on the Digital Platforms, whether by Modern Solutions or other users of the Digital Platforms, are not intended to amount to advice on which reliance should be placed. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER OF OR VISITOR TO THE DIGITAL PLATFORMS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
By operating the Digital Platforms, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by the Digital Platforms, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are complete, accurate, useful or non-harmful. We do not promise any specific results from the use of the Digital Platforms. No advice or information, whether oral or written, obtained by you from us or the Digital Platforms shall create any warranty not expressly stated in this Agreement.
ALL DIGITAL PLATFORMS, INCLUDING THE CONTENT, INFORMATION OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE DIGITAL PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND (TO THE FULLEST EXTENT PERMITTED BY LAW) WITHOUT WARRANTY (EXPRESS OR IMPLIED) OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE DIGITAL PLATFORMS AND YOUR USE OF IT DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE DIGITAL PLATFORMS, THE CONTENT OF ANY SITE LINKED TO THE DIGITAL PLATFORMS, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE DIGITAL PLATFORMS. WE DO NOT GUARANTEE THAT: (I) THE DIGITAL PLATFORMS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND/OR (IV) THE RESULTS OF USING THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS. YOU USE THE DIGITAL PLATFORMS SOLELY AT YOUR OWN RISK. DATA GENERATED OR REFLECTED IN THE DIGITAL PLATFORMS RELATING TO THE POWER OUTPUT OR PERFORMANCE OF YOUR SOLAR SYSTEM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE ANY RIGHT, CLAIM, WARRANTY OR CAUSE OF ACTION FOR YOU OR YOUR BENEFIT. SOLAR SYSTEM INFORMATION REFLECTED IN THE DIGITAL PLATFORMS IS NOT A GUARANTY OF PERFORMANCE OR PRODUCTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH APPLICABLE LAW.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL PLATFORMS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORMS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL PLATFORMS.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE OR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT OR INDIRECT LOSS OF REVENUE OR PROFIT, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM YOUR USE OF THE DIGITAL PLATFORMS AND ANY CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT AVAILABLE ON THE DIGITAL PLATFORMS OR OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY. IN NO EVENT SHALL MODERN SOLUTIONS’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID MODERN SOLUTIONS FOR THE DIGITAL PLATFORMS IN THE LAST TWELVE (12) MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Liquidated damages for spam
You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a pre-estimate of our anticipated loss, you agree to pay us $200 (USD) for each unsolicited commercial email or other unsolicited communication that you send from, to, or through the Digital Platforms.
Contact Us
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:
Company Name: Modern Solutions Consulting LLC
Company Address: 2222 W. Grand River Ave STE A, Okemos, MI 48864, USA
Company Email: info@modernsolutions.com info@modernsolutions.com
Company Address: 2222 W. Grand River Ave STE A, Okemos, MI 48864, USA
Company Email: info@modernsolutions.com info@modernsolutions.com