INFORMATION WE COLLECT

A website is capable of collecting certain information about persons who access a website or attempt to use its functions. A primary goal in collecting personal and business information is to provide a customized experience on our website www.makememodern.com (the “Website”). Make Me Modern is the sole owner of all information collected by the Website. To the extent that Make Me Modern provides access to this information to others, the parameters for such disclosure are set forth herein.

To review or use some portions of the Website, you may be required to register with a user account. During registration, you may be asked to provide verifiable identity information. This information may be used to establish the identity of account holders and may be retained and used by Make Me Modern. Further, if you submit correspondence to us through the Website, Make Me Modern may collect and retain the content of the correspondence that Make Me Modern receives, the email address from which it was sent, and Make Me Modern’s response, if any. Evidence of illegal activity may prompt Make Me Modern to report such activity and information to legal authorities. The personal information we collect as part of any entry/registration process also provides us a means to inform you of information that relates directly to your specific interests and needs. During the entry/registration process, we may give you the opportunity to decline e-mail communications from other parties to whom we may provide such information

Some of our web pages use “cookies” or other information collection devices so that we can better serve you with more tailored information when you return to our Website. Cookies are identifiers which a website sends to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, so that you can choose to decline or accept it.

We may use IP addresses and web server log files to analyze trends, administer the Website, track a user’s movement, and gather broad demographic information for aggregate use. Additionally, in areas of the Website requiring registration, we may use this information from time to time to police the Website for unregistered users (but we undertake no obligation to do so). Information of this type may be combined with cookies or other sources of information for these purposes. Specifically, through the use of web server log files, any or all of the following information may be accessed, collected, analyzed, and stored during or after your visits to the Website: the name of the domain name from which you access the Internet; the date and time you access the Website; the pages you visit on the Website and the sequence in which you visit them; the amount of time you spent on a particular Website page; the Internet address of a website that you visit immediately before or after visiting our Website; the Internet address from which you linked directly to our Website, if any; the type of operating system on your computer; the type of browser that you are using to view the Website. These and similar types of information may also be collected by “web-bugs” or single-pixel gifs and by other means.

HOW WE USE THE INFORMATION

Make Me Modern may use the information obtainable from the Website for editorial and feedback purposes and for other purposes. For example, Make Me Modern may provide aggregate information to its in-house and independent representatives, use the information for marketing and promotional purposes, for a statistical analysis of user behavior, for product or service development, to ensure the technical functioning of our network, to inform advertisers as to how many visitors have seen or clicked on their advertisements, to target markets and to formulate our own proprietary and business strategies and plans. Any information that you actively provide to us, such as names, postal and email addresses, and phone numbers may be added to our databases and if you elect to allow such use, may be used by us to contact you regarding Website updates, new products and services and for other purposes specifically allowed by you when you supply such information.

Make Me Modern may retain the content of any customer service web form or email that Make Me Modern receives, the email address from which it is sent, and our response, if any. Content and other information transmitted by user to Make Me Modern may be used as testimonials or for any other marketing purpose, except that no marketing communications unrelated to the subject matter of the submission will be sent to the email address from which such email or form is sent unless the user specifically elects to receive additional marketing materials or we obtain the email address through another avenue that does not prohibit such use. In all cases, email addresses may be compared to customer lists of Make Me Modern and its partners.

Make Me Modern may share and disclose aggregated user statistics and demographic information in order to describe our products and services to prospective and existing partners, advertisers, or other third parties, and for other lawful purposes. This information is not linked to any personal information that can identify any individual person. Make Me Modern may disclose your personal information to business partners unless you directly inform us in writing that you prefer we not do so.

Make Me Modern may provide such information to our subsidiaries, affiliated companies, or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

We may disclose information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable website terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Make Me Modern, its Website users or the public as required or permitted by law.

The foregoing includes examples of the types of uses that Make Me Modern may make of the information collected and is not an exclusive listing. Unless expressly prohibited herein, Make Me Modern reserves its rights to use the information collected for all legal purposes.

INFORMATION SECURITY

By Make Me Modern. Make Me Modern takes what we believe are reasonable precautions to protect our users’ information, including off-line measures to protect your information that is known to Make Me Modern to be financial and business sensitive information to the same extent that we take measures to protect our own such information.

By You. If Make Me Modern has issued you a password to access restricted portions of the Website, do not divulge your password to anyone. Make Me Modern will never ask you for your password in an unsolicited telephone call or in an unsolicited e-mail. Remember to sign out of your account (if you have one) and close your browser window when you have finished with the Website. This may help to protect against access by others to your personal and business information if you share a computer or are using a computer in a public place.

CONSENT AND UPDATES TO POLICY

By using our Website, you consent to the collection and use of information by Make Me Modern. We reserve the right to change this Privacy Policy and any applicable Website terms of use at any time and for any reason. If our Privacy Policy changes, we will update this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Description of Make Me Modern’s Service

Please read these Terms of Service before using this website. This is a legally binding agreement between you and us.

These Terms of Service set forth the standards of use for makememodern.com. By using the makememodern.com website, you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of makememodern.com.

In addition to these Terms of Service, your use of makememodern.com is governed by our Privacy Policy (makememodern.com/terms#privacy). You agree to our collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using makememodern.com, you will be subject to any posted terms or guidelines applicable to such services, any applicable service agreement, support policies (if applicable), and any other terms or conditions applicable to the provided services. The Privacy Policy, the documents mentioned above, and posted terms or guidelines are hereby incorporated by reference into these Terms of Service.

If you do not understand and agree to these Terms of Service, please do not use makememodern.com. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at info@makememodern.com. Do not use makememodern.com until these questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of these Terms of Service.

You have the right to consult with an attorney of your choosing before using makememodern.com.

Modifications to these Terms of Service

We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at makememodern.com. Your continued use of makememodern.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications.

If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of makememodern.com. Your continued following the posting of modifications will constitute your acceptance of the revised terms and conditions.

Use of makememodern.com

Use of makememodern.com is void where prohibited. By accessing or otherwise using makememodern.com, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service (for example, you warrant that you are over 18 years of age); and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

User Conduct and Acceptable Use Policy

Unauthorized use of makememodern.com is expressly prohibited. You may not use makememodern.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose.

Additionally, we reserve the right, without limitation, to terminate your access to and use of makememodern.com if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

• You may not misrepresent your identity or impersonate any person.
• You may not attempt to gain access to any account, computers or networks related to makememodern.com without authorization.
• You may not attempt to obtain any data through any means from makememodern.com, except if we intend to provide or make it available to you.
• You may not attempt to charge others to use makememodern.com either directly or indirectly.
• You may not use makememodern.com to harvest or otherwise collect information about others, including e-mail addresses.
• You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with makememodern.com
• You may not use makememodern.com in a manner that results in excessive bandwidth usage, as determined by our representative. Use of makememodern.com as well as use of makememodern.com on any desktop or portable application will be applied toward such bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.

Limitation of Liability

The Make Me Modern site, services, and content (makememodern.com) are provided "as is" and Make Me Modern excludes to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of this website are not warranted to be uninterrupted or without error. You, not Make Me Modern, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in this policy, or elsewhere on makememodern.com (including the makememodern.com Terms of Service and Privacy Policy), or as otherwise required by applicable law, neither Make Me Modern nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of makememodern.com or its contents whether or not we have been advised of the possibility of such damages.

In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to the amount you actually paid for the services, or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.

Indemnification

You are entirely responsible for any and all activities which occur on makememodern.com. You agree to indemnify, defend and hold harmless Make Me Modern, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants, representatives, agents and third-party providers, to, from and against any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of makememodern.com or related services, your violation of these Terms of Service, applicable privacy laws or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

Modifications and Interruption to Service

We and our service providers utilize diligent efforts to maintain makememodern.com, but neither we nor our service providers are responsible for any defects or failures associated with makememodern.com or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Governing Jurisdiction of the Courts

The laws of the State of Tennessee will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that Make Me Modern is or will remain appropriate, legal or available for use in other locations. Accordingly, you irrevocably submit to the jurisdiction of the courts located in the State of Tennessee for all disputes. You and Make Me Modern, to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms of Service. The provisions of this paragraph shall survive, even if you cease your use of makememodern.com.

Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use makememodern.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Intellectual Property Rights and Notices

Except for these Terms of Service and any applicable Services agreement, you have no right, title or interest in or to Make Me Modern, or makememodern.com. You agree that we or our licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to makememodern.com.

Make Me Modern and the Make Me Modern logo include, without limitation, trademarks, service marks or registered trademarks of Make Me Modern, and may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in our Site. Unless we have granted you licenses to our intellectual property, our providing you with makememodern.com does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@makememodern.com and provide the written information specified below:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Make Me Modern designates as its agent for receipt of notifications of claimed copyright infringement, legal@makememodern.com.

Other Terms

If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.