Modugo - Terms of Use

Effective Date: January 9, 2019

In order to maintain a safe and trusted marketplace www.modugo.com and all related and affiliated websites (the “Site”) and to avoid use of the Site for unauthorized or unintended purposes, we require you and all other users of the Site (each, a “User”) to agree to and comply with these Terms of Use (the “Terms”). These Terms set forth the acceptable and prohibited uses of our Site and are in addition to the other Terms of Service. By accessing the Site or using any of the Site Services after the effective date, you agree to these Terms. You are also independently responsible for complying with all applicable laws related to your use of the Site or the Site Services whether or not covered by the Terms.

1. PROHIBITED SITE USE

The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in listings, proposals, bids, communications with customer service or disputes and in feedback.

1.1 Illegal, Fraudulent, Harmful, or Offensive Uses

You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Examples of prohibited uses of the Site or Site Services include:

  • Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
  • Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
  • Seeking, offering, or endorsing any services that would violate ModuGo’s Terms of Service or the terms of service of another website or any other contractual obligations;
  • Seeking to circumvent payment of fees that are owed to ModuGo;
  • Fraudulently billing or attempting to fraudulently bill any Buyer, including by falsifying or manipulating or attempting to falsify or manipulate a listing price;
  • Posting content that is harassing towards another person or violates the rights of a third party;
  • Making or demanding bribes;
  • Spamming other Users;
  • Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
  • Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site
1.2 Using the Site Other than For the Intended Purposes

ModuGo makes the Site and Services available for Buyers, Sellers, and Shippers to find one another, enter into transactions, and make and receive payments through Stripe. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:

  • Offering units for sale for the sole purpose of obtaining positive feedback of any kind;
  • Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
  • Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary;
  • Duplicating or sharing accounts;
  • Duplicating or sharing accounts;
  • Selling, trading, or giving an account to another person without ModuGo’s consent;
  • Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile;
  • Soliciting or processing payment outside of ModuGo in violation of the Terms of Service; and
  • Advertising products or services that are outside or beyond the scope of the ModuGo marketplace.
1.3 Using the Site to Post False or Misleading Content

All profiles, listings, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:

  • Misrepresenting a unit’s size, condition, attributes or other information;
  • Impersonating any person or entity, including, but not limited to, a ModuGo representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Falsely attributing statements to any ModuGo representative;
  • Allowing another person to use your account, which is misleading to other Users;
  • Falsely stating or implying a relationship with ModuGo or with another company with whom you do not have a relationship; and.
  • Falsely stating or implying a relationship with another User.
2. ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

3. REPORTING AND CORRECTING VIOLATIONS

If you become aware of any violation of these Terms, you must immediately report it to ModuGo at legal@modugo.com. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.