Terms of Service
Last updated on September1st, 2024
These are the Terms of Service (“Terms”) for Modern Portfolio LLC. DBA: Modern Portfolio Real Estate Services (“Modern Portfolio” or “us” or “we”) which govern your access to and use of the Modern Portfolio operated and controlled website available at https://Modern Portfolio.com (“Website”). Please note your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website, you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITE. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW. BY ACCESSING OR USING THE WEBSITE, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. Your Acceptance Of The Terms
These Terms constitute a binding legal agreement between you and Modern Portfolio outlining your legal rights, obligations, and remedies arising from your use of the Website. You agree you are responsible for your use of the Website and any consequences resulting from your use of the Website. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you do not agree to these Terms, you may not use the Website.
You may use the Website only if you can form a binding contract with Modern Portfolio and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to these Terms. If you reside in a jurisdiction that restricts the use of the Website because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website if you are not of legal age to enter into these Terms.
By accessing or using the Website, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into these Terms, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of the Privacy Policy listed above. These Terms apply to anyone who accesses or uses the Website, whether or not you have registered for an account with Modern Portfolio. By using the Website, you agree you accept the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, Modern Portfolio may permanently or temporarily stop providing the Website, or features of the Website, and may not provide you with prior notice.
2. Privacy
Modern Portfolio knows you care about your privacy. Any information you or other users provide to Modern Portfolio or which we collect, use and share about you or others is subject to our Privacy Notice. To learn more about how Modern Portfolio collects, uses, shares, and secures your information, please review Modern Portfolio’s Privacy Notice at https://www.modernportfolio.com/privacy-policy, which is incorporated into these Terms by this reference.
3. Eligibility To Use The Services
The Website is intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Website in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Website and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that your access to the Website has not previously been suspended or revoked; and (3) that your use of the Website are in compliance with any and all applicable laws and regulations.
4. Your Representations & Warranties to Modern Portfolio
By using the Services, you represent, warrant, and agree:
1. You will only use the Website for lawful purposes, and you will not use the Website for sending, storing, or distributing any unlawful material or for fraudulent purposes;
2. You will not use the Website to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the Website or any network which is used to support or access the Website;
4. You will not try to harm the Website in any way whatsoever;
5. You will not copy, or distribute the Website or other content without written permission from Modern Portfolio;
6. You will only use the Website for your own use and will not resell any aspect of the Website to a third party;
7. You will keep secure and confidential your account password or any identification we may provide you which allows access to the Website; and
8. You will provide us with whatever proof of identity we may reasonably request.
5. Accounts & Registration
Registering for an Account: In order to use or access certain functionality or features of the Website, you may be asked to register for a user account (an “Account”) and become a registered user of the Website (a “Registered User”). By becoming a Registered User, you agree to (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and (5) immediately notify Modern Portfolio of any unauthorized use of your Account. Failure to abide by these Terms constitutes a breach of these Terms, which may result in immediate termination of your Account.
Your Account Information: You may not select or use an Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Modern Portfolio; or (4) that, in Modern Portfolio’s sole discretion, is offensive, vulgar, or obscene. Modern Portfolio reserves the right to refuse registration of an Account, or cancel any account name, in its sole discretion.
Modern Portfolio’s Termination of Access to the Website: Modern Portfolio maintains the right to suspend or disable your access to the Website and any Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Modern Portfolio otherwise determines such action is warranted, whether or not you have established an Account or are a Registered User.
The Cancellation of Your Account: You may cancel your Account at any time by contacting Modern Portfolio via email at inquire@modernportfolio.com
6. Intellectual Property Infringement
Modern Portfolio and its licensors and partners own all rights, titles, and interests in and to the Website, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively, the “Modern Portfolio IP”). The Modern Portfolio IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Modern Portfolio IP, including use of any the Modern Portfolio IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
These Terms do not convey to you any rights of ownership in or related to the Website, or any Intellectual Property rights owned by Modern Portfolio. The Modern Portfolio name, the Modern Portfolio logos and designs, and the product and service names associated with the Website are trademarks of Modern Portfolio or its affiliated third parties, and no right or license is granted to you by these Terms to use the Modern Portfolio IP for purposes not directly related to your use of the Website.
7. DMCA Intellectual Property Infringement
We respect the intellectual property rights of others. Following the Digital Millennium Copyright Act (DMCA), we will respond promptly to claims of copyright infringement on our website if they are submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights are being violated by this website, please provide the following information to our designated Copyright Agent:
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the website.
An address, telephone number, and e-mail address where we can contact you.
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
Your electronic or physical signature.
Allegedly infringing material will be removed promptly by our Copyright Agent provided that your claim notice includes all of the required information. If insufficient information is provided, our Copyright Agent may not process your claim. In the event we remove allegedly infringing materials that were provided by a 3rd party, we will immediately notify the party responsible for posting the materials that we removed or disabled access to the materials. We may also provide the responsible party with your e-mail address so that they may respond to your allegations.
We reserve the right to terminate, limit or suspend access to the website in the event of repeated infringing activity. If you believe repeated infringement is occurring, follow the above instructions to contact our Copyright Agent and include sufficient information to assist us in identifying evidence of the repeated infringement. Learn more about the DMCA here .
8. MLS Listing DataThis website displays listing data from one or more third-party Multiple Listing Services (MLS). If your copyright claim is regarding a listing, that same listing data is most likely being displayed by many other websites, and you will need to make your claim directly to the Copyright Agent of the MLS providing the data, and more specifically to the broker who originally submitted a specific listing – and who is responsible for updating it in the MLS database.
Listings displayed on this website are clearly marked with an MLS logo and broker information that identify the source of the listing. Additionally, MLS disclaimers are shown in the footer of pages that contain listing data. Individual MLSs may have their own DMCA policies similar to this one.
If in doubt, please contact our Copyright Agent (our website hosting company) who may be able to address your issue directly and if not will help point you in the right direction.
Providing Modern Portfolio with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Copyright Agent” at inquire@modernportfolio.com that sets forth all of the necessary information required by the DMCA (https://www.copyright.gov/title17/92chap5.html). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
9. Linking & Framing
You may not use any of Modern Portfolio’s logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Website or any of its content is prohibited without the prior written consent of Modern Portfolio.
The Website may contain links to third-party websites or resources, such as Instagram, LinkedIn, Pinterest, YouTube, Twitter, and Facebook. You acknowledge and agree that Modern Portfolio is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Modern Portfolio of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Modern Portfolio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Email Notifications
As part of your use of the Website, you may be asked to elect to receive certain email notifications from Modern Portfolio and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Modern Portfolio related to Modern Portfolio’s products and services. You may opt-out of receiving certain notifications in association with the such products and services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.
11. Notices
You consent to receive from Modern Portfolio all communications, including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, “Notices”) electronically. Modern Portfolio may provide such Notices by posting them on or within the Website, by electronic mail to your email address on record in Modern Portfolio’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Modern Portfolio and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.
12. Termination
Modern Portfolio may change, suspend or discontinue the Website or the availability of any Services, features, or Content, without notice to you. Modern Portfolio may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Website with or without notice to you.
Modern Portfolio may also terminate or suspend your use of or access to the Website at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Website, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Website.
Modern Portfolio may also remove or disable access to any Collective Content and suspend or ban your access to the Website or any Modern Portfolio account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Modern Portfolio using the information below. You are solely responsible for your interactions with other users of the Website. Modern Portfolio reserves the right, but has no obligation, to monitor disputes between you and other users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Website. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Modern Portfolio. Continued use of the Website, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of these Terms and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of these Terms, which by their nature should survive termination, shall survive the termination of these Terms, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
13. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Website, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Website, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. International Use
The Website is controlled and operated by Modern Portfolio from within the United States, United Kingdom, Great Britton, and several EU Countries. Modern Portfolio makes no representations that materials accessible on the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
15. Indemnity
You agree you shall indemnify and hold harmless Modern Portfolio, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Website, use of the Website, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
16. Warranty Disclaimers
You acknowledge that Modern Portfolio has no control over, and no duty to take any action regarding: (1) which users gain access to the Website; (2) what effects the Content or the Website may have on you; (3) how you may interpret or use the Content or the Website; or (4) what actions you may take as a result of having been exposed to the Content or the Website.
You release Modern Portfolio from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Modern Portfolio makes no representations concerning any content contained in or accessed through the Website, and Modern Portfolio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Modern Portfolio makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Modern Portfolio cannot guarantee that you will obtain the results you seek or warrant that Website will be error-free. Modern Portfolio makes no representation or warranty of any kind with respect to use of Website or the use or accuracy of the information on the Website.
USER ACCESSES THESE WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Modern Portfolio ARE HEREBY DISCLAIMED. NEITHER Modern Portfolio NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF Modern Portfolio, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL Modern Portfolio OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE WEBSITE.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER Modern Portfolio NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THESE TERMS OR IN CONNECTION WITH USE OF THE WEBSITE OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Warranty Disclaimer” and “Limitation of Liability” provisions of these Terms are for the benefit of Modern Portfolio as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
18. General Terms
Entire Agreement
The Terms, including the incorporated Modern Portfolio Privacy Notice, constitutes the entire agreement between User and Modern Portfolio regarding Users’ use of and access to the Website. Use of the Website are intended for User’s enjoyment and benefit and the provision of the Website to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website.
Waiver & Severability
The failure of Modern Portfolio to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Arizona without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Arizona, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
These Terms and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Modern Portfolio. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
19. Changes To Our Terms
Modern Portfolio may modify these Terms from time to time. The most current version of these Terms will govern your use of the Website and will be located at http://www.modernportfolio.com/terms-of-service. We will notify you of material changes to these Terms by posting a notice on the Website. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Terms.
20. Contact Modern Portfolio
You can contact us at inquire@modernportfolio.com, or call us at (602) 456-1199
END OF TERMS OF SERVICE