Our services may contain links to third-party websites or resources. You acknowledge and agree that modern climate 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 climate 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. If you elect to use our services on mobile carrier networks, such carrier's normal billing rates will apply. In addition, certain content, products, and services available via our services may include materials from third parties, including third-party mobile applications. You agree that modern climate is not responsible for examining or evaluating third-party content, or such content's accuracy, and modern climate does not warrant and will not have any liability or responsibility for any third-party mobile applications, or for any other materials, products, or services of third parties. You agree that you will not use any third-party mobile applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that modern climate is not in any way responsible for any such use by you.
Our services, modern climate content, other/user content are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, modern climate explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Modern climate makes no warranty that our services, modern climate content or user content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Modern climate makes no warranty regarding the quality of any products, services or content purchased or obtained through our services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our or services. No advice or information, whether oral or written, obtained from modern climate or through our services, modern climate content or user content, will create any warranty not expressly made herein.
You agree to defend, indemnify, and hold modern climate, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with user content you submit to modern climate, your access to our services or modern climate content, or your violation of these terms.
Limitation of liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our services, modern climate content, and user content therein remains with you. Neither modern climate nor any other party involved in creating, producing, or delivering our services or modern climate content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer/device damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use our services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not modern climate has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that modern climate is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, modern climate will have no liability to you or to any third party for any user content or third-party content uploaded onto or downloaded from or through our services. In no event will modern climate's aggregate liability arising out of or in connection with these terms or from the use of or inability to use our services or modern climate content or user content therein or provided thereby exceed zero u.S. Dollars ($0). The limitations of damages set forth above are fundamental elements of the basis of the bargain between modern climate and you. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, and so the above limitation may not apply to you. Trademarks & other proprietary rights notices
All trademarks, service marks, logos, trade names and any other proprietary designations of modern climate or our licensors used in association with the services are trademarks or registered trademarks of modern climate or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
Controlling law and jurisdiction
These terms and any action related thereto will be governed by the laws of the state of minnesota without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be the state and federal courts located in minneapolis, minnesota, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Your privacy is very important to modern climate. We will collect and use information with the objective of usage analysis specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law this information will anonymous. We are committed to conducting our business in accordance with these principles in order to ensure that your confidentiality is protected and maintained.