Privacy Statement

Last Updated: July29, 2024

Contents

Please read this Privacy Statement carefully. If needed, you can click on one of the links below to jump to the listed section:

• Introduction
• Changes to this Privacy Statement
• What this Privacy Statement Covers
• Personal Information We Collect
• Use of Personal Information
• Disclosure of Personal Information
• Cookies and Third-Party Tools
• Data Security, Transfers and Retention
• Managing your Personal Information and Your Rights
• Notice to California Residents – Your Rights
• Other Privacy Issues
• Contact Us

Introduction

This Privacy Statement (“Privacy Statement” or “Statement”) aims to provide you with a better understanding of how MODE collects, uses, and shares your personal information, as well as your rights in relation to that information. We also will tell you how you can reach us to answer any questions you may have about our privacy practices.

As used in the Privacy Statement, the following words have these meanings:

• “MODE,” “our,” “us,” “we” refers to MODE Global, LLC and our direct and indirect subsidiaries and
• “You” or “your” refer to our customers, carriers, agents, representatives and other online
• “Including” means “including but not limited ”

Throughout this Statement, we’ll also use the term “personal information” to mean any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual, or (iii) that is otherwise about an identifiable individual. However, the definition of personal information and sensitive personal information can vary by region. If we collect data that is considered personal information and sensitive personal information in your region, we will treat it as such in accordance with this Privacy Statement and applicable law.

Changes to this Privacy Statement

We may update or change this Statement from time to time because of changes in applicable laws or regulations or because of changes in our personal information practices. If we make changes, we will notify you by revising the date at the top of this Statement, and in some cases, where we make material changes impacting your personal information, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending an email notification). We encourage you to review this Statement to stay informed about our information practices and the choices available to you.  Your continued use of our Sites and our Services following the posting of changes constitutes your acceptance of such changes.

You can see when this Statement was last updated by checking the date at the top of this Statement.

What this Privacy Statement Covers

This Statement applies to your personal information when it is collected or processed by MODE in-person, through our websites that link to this Statement (each, a “Site,” collectively, the “Sites”) and through our transportation, logistics, and other services (collectively, the “Services”).  It applies to you when you visit us in-person, visit our Sites, engage our Services, supply goods and services to us, or when we otherwise collect your personal information, unless stated otherwise. Our privacy practices with respect to job applicants, employees and contractors are addressed through other policies and are outside the scope of this Statement.

Personal Information We Collect

The types of personal information we collect about you depend on your interactions with us and are described in more detail below.

Personal information you provide directly to us:We collect information when you directly provide it to us, such as when you visit any of our Sites, engage our Services, communicate with us, or otherwise engage with us through our Services.

The types of personal information we may collect include your:

• Identifiers, including your real name(s); alias; postal address, unique online identifier, IP address, email address, and other credentials used to access our Sites or Services;
• Certain characteristics protected by applicable law, including gender, marital status, nationality, and country of origin;
• Commercial information and Customer Records, including Services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, and other data about your transactions with us, including payment details, tracking numbers, delivery locations and other information provided to us regarding certain shipments, but only to the extent an identifiable person can reasonably be linked to such information;
• Professional or employment-related information, including business unit/division, company name, job status, job title, office location, vendor number, and Factor ID, nature and status of licenses or authorizations, safety record, insurance information, and criminal background information, if authorized;

Personal information we automatically collect when you visit any of the Sites:When you visit any of the Sites or use any features or resources available on or through a Site, we may automatically collect and process certain personal information. The types of personal information we may collect include your:

• Internet or other electronic network activity information, including information regarding your interactions with our Sites, device type, device identifier and operating system, browser information, IP address, language settings, dates and times of connecting to a Site and other technical information, the webpages you visit on the Site, the files you viewed, and the website form which you navigated to the Site.

Like many organizations, we may also collect information through the use of cookies, web beacons, pixels, and other technology. For more details, see the section entitled, Cookies and Third-Party Tools.

Personal information we collect from other third parties or publicly available sources: When you visits our Sites, engage our Services, or apply for credit, we may rely on certain third parties (e.g., vendors, credit agencies, public sources, and professional services organizations, such as law firms and accountants) as necessary to provide our Services to you and/or to fulfill our legal and regulatory compliance obligations.  For example, we may confirm your credentials, credit worthiness, insurance, or other authorizations or qualifications through third parties, or a third-party company may perform a background check on you if you apply to be an agent for us.  As another example, we may use information from LinkedIn or other sources to update information about you in our contact database.  In such cases, we receive personal information about you from third parties.

Personal information we derive: We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your geolocation based on your IP address, or that you are interested in participating in an event based on your browsing behavior on our Sites.

Use of Personal Information

We will only use your personal information when and as the law allows us to. Most commonly, we will use your personal information for the following purposes:

• To fulfill the specific purpose(s) for which the personal information was collected/provided, including but not limited to the following examples:

Ex: To provide the Services to you and to administer and improve our day-to-day business activities (e.g., conduct sales, pick up, deliver and track shipments, manage our vendors and contractors, or enter into or maintain our business relationship with you, as applicable);

Ex: To respond to your requests for customer or technical support;

Ex. To communicate with you about the Services;

Ex. To notify you about any changes to the Services;

Ex. To send you marketing materials, newsletters and updates;

Ex. To administer our Sites, and monitor and analyze usage, trends, and activities related to the Sites; and

• To perform our contractual obligations;
• Legitimate purposes including, without limitation, improving and securing our Sites, information technology systems and services, protecting against malicious, deceptive, fraudulent or illegal activity, preventing, detecting, and investigate security incidents, ensuring the physical safety of natural persons, and performing other services on behalf of MODE, provided that the use of your personal information is reasonably necessary and proportionate for this
• To address our legal and regulatory compliance obligations; and
• For any other purpose with your

We may process and store your personal information in the United States of America (“U.S.A.”) and other countries, which may have less-protective data protection laws than the region in which you are situated. Please note that this processing, including storage, may involve cross-border transfers of your personal information as described below in the section entitled, Data Transfers.

Disclosure of Personal Information

Depending on our relationship with you, we may share your personal information with customers, carriers, shippers, and independent parties with whom we contract and their respective representatives as part of our provision of the Services, but only strictly as necessary to facilitate our provision of the Services.

Additionally, we may share your personal information with the following categories of recipients:

• With our related entities, including direct and indirect subsidiaries and affiliates, our principal investors and their affiliates, or their or our successors or assigns, and professional advisors (including those located outside the U.S.A.) as necessary for all of the purposes described in the section entitled, Use of Personal Information.
• With our service providers, contractors, vendors, agents, consultants, professional advisors, and other third parties (collectively, “Providers”) who assist us in providing the Services to you, including Internet Service Providers, Operating Systems and Platform Providers, Data Storage Providers, Web and Data Analytics Service Providers, Financial and Payment Technology Providers, Consumer Reporting Agencies, Background Check Providers, Identity Verification Providers, and Security and Fraud Providers. While we may seek to require third parties to follow our privacy practices, we do not bear any responsibility for any actions or policies of third parties. Since our Providers may be located around the world, please note that these disclosures may involve cross-border transfers of your personal information as described below in the section entitled, Data Transfers.
• With a potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a bankruptcy, reorganization, dissolution or liquidation), in which case personal information held by us about you will be among the assets transferred to the buyer or acquirer.
• With any competent law enforcement body, regulatory, government agency, court or other third party when we believe that such disclosure is necessary to: (i) comply with any court order, a request from any competent law enforcement agency, or any other legal obligation; (ii) enforce or apply the terms of a contract; and (iii) protect the rights or property of MODE or the rights, property, or safety of you, our customers or others, including enforcing the terms governing your use of the Site(s) and Services.
• In any of the other circumstances described above in the section entitled, Use of Personal Information. 

Cookies and Third-Party Tools

We use cookies and third-party tools in connection with our Sites, including:

Cookie Data: Depending on how you’re accessing and using our Site(s) and Services, or otherwise interacting with us, we may use and allow our Providers to use cookies and similar technologies, such as pixel tags, web beacons, clear GIFs, and JavaScript, to enable us to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, and to operate and improve our Services. For detailed information on the cookies we use and the purpose for which we use them, see our Cookie Policy.

Third-Party Tools:

• Google Analytics:
  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

• Google reCAPTCHA: MODE may implement Google reCAPTCHA Enterprise to help prevent spam and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. This information is not used by Google for personalized advertising. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy & Terms: https://policies.google.com/privacy
• Google Maps: MODE may implement Google maps features and content on its Sites.  By using such features and content, you consent to the collection, processing and use of the data collected automatically by Google.  You can find the  Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and Google Privacy Policy at https://www.google.com/policies/privacy/.  

Data Security, Transfers and Retention

Data Security:

• Security measures: We have put in place technical and organizational measures designed to assist in maintaining the security of the personal information we collect from you; safeguarding against anticipated threats to the confidentiality, integrity, and availability of personal information; and protecting your personal information against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. With respect to payment card information, our technical and organizational measures include all applicable security requirements in accordance with the Payment Card Industry Data Security Standard.

• NO LIABILITY FOR BREACH: WHENEVER PERSONAL INFORMATION IS PROCESSED, THERE IS A RISK THAT SUCH INFORMATION COULD BE LOST, MISUSED, MODIFIED, HACKED, BREACHED AND/OR OTHERWISE ACCESSED BY AN UNAUTHORIZED THIRD PARTY. NO DATA TRANSMISSION OVER THE INTERNET IS COMPLETELY SECURE, AND NO SYSTEM OF PHYSICAL OR ELECTRONIC SECURITY IS IMPENETRABLE.  ACCORDINGLY, WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO US, OR THE SECURITY OF OUR SERVERS, NETWORKS OR DATABASES, AND BY USING OUR SITES AND THE SERVICES, YOU AGREE TO ASSUME ALL RISK IN CONNECTION WITH YOUR PERSONAL INFORMATION. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF SUCH PERSONAL INFORMATION OR THE CONSEQUENCES THEREOF.

• Breach Notification: In the event that we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, push notification, or otherwise.
• Your role in protecting your personal information: In addition to the technical and organizational measures that MODE has in place to protect your personal information, you should use appropriate security measures to protect your personal information, including protecting the security of the credentials used to access our Sites or Services.

Data Transfers: We provide appropriate protections for international data transfers where specified by law. However, we are based in the U.S.A. By allowing us to collect personal information about you, you consent to the transfer and processing of your personal information in the U.S.A. in accordance with this Statement.

The personal information we collect may be transferred to, stored, or otherwise processed in the U.S.A, Canada, Mexico and other locations. We also transfer personal information to Providers that process personal information for us in the U.S.A, Canada, Mexico and other locations.  While in another jurisdiction for processing, your personal information may be accessed by the courts, law enforcement, and national security authorities, or other authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction.

Data Retention: The criteria for determining the duration for which we will keep your personal information are as follows:

• we will retain your personal information no longer than is necessary for the purposes for which it was collected; or
• where applicable law requires a longer retention period, we will retain your personal information for the time specified under law unless we must retain such information for a longer time in order to establish, exercise or defend any legal rights.

Managing your Personal Information and Your Rights

Managing your personal information: You can contact us at mode.[email protected] to find out if we hold any personal information about you. You may request that we update, correct, deactivate or delete your personal information.

We may not be able to delete all of your personal information because of laws, rules, or regulations applicable to us or because of our legitimate business interests. Your personal information may reside in our backup archives temporarily after we delete your personal information from our production system. We may retain aggregated, anonymous data derived from your personal information

We may periodically send you newsletters or marketing material via email. You can opt-out of our marketing materials by managing your communication preferences in your account or by following the unsubscribe instructions provided in each email. We may continue to send you administrative emails even if you indicate that you no longer wish to receive promotional email from us.

Your Rights: Depending on where you reside, you may have certain rights regarding your personal information, such as the right to request access, correction, deletion, or other actions with respect to your personal information, and you may exercise the rights available to you depending on applicable law with regards to the personal information we collect.

To exercise your rights, including to make a request to access, delete, update or correct your personal information, or to ask for portability of your personal information, or to object to the processing on grounds relating to your specific situation, please use the contact details provided below in the section entitled, Contact Us.

• California Residents. If you are a resident of California: Please see section entitled, Notice to California Residents – Your Rights, for additional information regarding your rights and our privacy practices required under the California Consumer Privacy Rights Act of 2020.
• Mexico Residents. If you are a resident of Mexico: Please  click here for information regarding your rights and our privacy practices required under Mexico’s Mexican Personal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).

Notice to California Residents – Your Rights

If you reside in California, we are required to provide this notice of collection and additional information to you about how we use and disclose your information, and your rights with regard to your information. We have included this supplemental California-specific information below:

Notice of Collection of Personal Information:

Under the California Consumer Privacy Rights Act of 2020, the term “Personal Information,” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer. However, the term “Personal Information” excludes the following information as provided by the CPRA:

1. Publicly available information from government records. \
2. De-identified or aggregated consumer information. 
3. Information excluded from the CPRA’s scope, including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. 

Consistent with the “Personal Information We Collect” section above, we collect certain categories and specific pieces of Personal Information about individuals that are considered “Personal Information” in California, including:

• Identifiers,
• Commercial information,
• Internet and electronic information,
• Professional or employment-related information,
• Inferences about your preferences and characteristics, and
• Sensitive personal information including the credentials used to access our Sites or Services if you have an account with us, financial account, debit card, or credit card number in combination with any required security or access code if you provide it to us;

We generally do not collect protected classifications about visitors to our Sites and users of our Services, sensory information, biometric information, precise geolocation data, or education-related information.

As detailed above, we may collect this Personal Information from you, our service providers, contractors and other third parties. We use, share and disclose Personal Information for the business and commercial purposes described in the “Use of Personal Information” and “Disclosure of Personal Information” sections above. We retain Personal Information consistent with the “Data Security, Transfers and Retention” section above.

California Privacy Rights: Subject to certain exceptions, as a California consumer, you have the right to:

• Right to Know: You have the right to know the ways in which we collect, use, share, disclose and otherwise process your Personal Information, and the specific pieces of your Personal Information that we hold.
• Right to Correct: You have the right to request that we correct inaccurate Personal Information, considering the nature of the Personal Information and the purposes for processing that information.
• Right to Delete: You have the right to request the deletion of your Personal Information, subject to several exceptions.
• Right to Opt-Out of Selling: You have the right to opt-out of having your Personal Information sold. We do not “sell” your Personal Information, as this term is defined under California law. Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we do not respond to Do Not Track (DNT) signals at this time. For more information on DNT signals, please refer to the “Other Privacy Issues” section below.
• Right against Discrimination: You have the right not to be unlawfully discriminated against for exercising these rights.

If you are a California consumer and you wish to exercise your rights as outlined in this section, you may need to provide additional information so that we can verify your identity. We reserve the right to take reasonable steps to verify your identity before fulfilling your rights request. For example, we may seek to establish your identity to a reasonable or a reasonably high degree of certainty by matching information that you submit alongside your request with information that we have on our records.

You also have the option of designating an authorized agent to exercise your rights on your behalf.  For authorized agents submitting requests on behalf of California residents, please contact us, with any evidence you have that you have been authorized by a California consumer to submit a request on their behalf.

Shine the Light:  In addition to your CPRA rights, California’s “Shine the Light” law permits residents of California to annually request and obtain information free of charge about what Personal Information is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not disclose your personal information to third parties for the third parties’ own direct marketing purposes.

Other Privacy Issues

• Terms and Conditions. All use of our Sites is subject to our Website Terms and Conditions.
• Children’s Information.Our Services are not aimed at children. We do not knowingly collect personal information from children under the age of 18.  If you believe that a child under the age of 18 has disclosed personal information to us, please use the contact details provided below in the section entitled, Contact Us.  We will remove the personal information from our systems if required.  Please note that we may ask you to verify your identity before responding to any such requests.
• Disclaimer of Links to Other Websites.Any of our Sites may contain links to other websites or applications. This Statement only applies to the Sites that link to this Statement and not to any other website or application. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.  We encourage you to carefully read the privacy statement of any third-party website or application before you provide your personal information to those third parties.
• Do Not Track Signals. Your browser setting may allow you to automatically transmit a “Do Not Track” (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when our Sites receive a DNT signal from a visitor’s browser. To find out more about DNT, please visit http://allaboutdnt.com. Note that DNT is different than the Global Privacy Control (GPC), which we do respond to in certain territories, such as California. To find out more about GPC, please visit https://globalprivacycontrol.org.
• Automated decision-making: We do not use automated decision-making without human intervention, including

Contact Us

With questions, comments, or concerns regarding this Privacy Statement or MODE’s collection or use of personal information, please contact us at [email protected].

MODE Global, LLC

Attention: General Counsel

with offices at:

4500 Salisbury Road

Suite 305

Jacksonville, FL 32216

Phone: 972-447-0075

Last Updated: January 1, 2023

Effective Date: January 1, 2023
Last Updated: January 1, 2023

The following Website Terms and Conditions (“Terms”) govern and control your use of and access to the websites that link to these Terms and each other website at each other domain which is operated by MODE Global, LLC or one or more of its direct or indirect subsidiaries or affiliates (collectively “Mode,” “we,” “us,” or “our”), together with all sub-domains, any successor website(s) thereto, and all Content (as defined below) (each a “Site” and collectively, the “Sites”).

1. Acceptance of Please read these Terms carefully before using or accessing any pages in our Sites. By using or accessing a Site you signify your acknowledgment and assent to the Terms, which together with our Privacy Statement located at https://www.modeglobal.com/privacy-statement/, governing MODE’s relationship with you in relation to the Site. If you do not agree to these Terms, please do not use the Site. By using a Site, you confirm that you are at least the age of majority in your state of residence (children are not permitted to use the Sites), that you understand and agree to be bound by the terms set forth herein (including, without limitation, your indemnity obligation contained in section 3, below, and the Warranty Disclaimers, Limitation of Liability, and Class Action Waiver contained in section 5, below) and any additional terms, conditions, rules or guidelines that we post on the Site, and that you are legally able to enter into this agreement.

2. Special Admonition for International Use. You understand that the Sites are controlled and/or operated from the United States and are not intended to subject us to non-U.S. jurisdiction or laws. A Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use a Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations, including, without limitation, applicable laws regarding the transmission of data exported from the United States or the country in which you reside. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time without notice, and in our sole

3. General terms of use
   
   1. Our Ownership. As between you and us, all right, title and interest in any Site, including but not limited to all copyrights, trademarks, trade secrets or other confidential and proprietary information, and other intellectual property rights (collectively “IP Rights”) and all data, text, information, depictions, and other content of any kind or nature (collectively “Content”) belongs to us or our licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services are proprietary marks of ours or our Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under any IP Rights.
   2. Your account. You will be assigned a unique username. If you elect to register to use any part of our Sites, you will need to set up an account and to create a password. Create a strong password and don’t share it with anyone – Your account is personal to you and you are responsible for all activities that occur under it. Your right to use the Sites is not transferable. Your username, password, or right given to you to obtain or access the Sites is not transferable. Let us know immediately if you suspect unauthorized use of your account.
   3. Limited License to Use the You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the Sites and to interact with us through a Site, (i) solely for the purpose of conducting business with us, (ii) on the terms herein or as stated on the Site, and (iii) conditioned on your abiding by these Terms.
   4. Prohibited Uses. Your use of and access to a Site is conditioned upon your abiding by these Terms, including but not limited to the following restrictions: (i) You will not use the Site in violation of any applicable laws, rules or regulation, including but not limited to the infringement or attempted infringement of IP Rights; the unauthorized transmission of unsolicited commercial electronic mail; the transmission of defamatory materials; or fraud; (ii) You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of any Site; (iii) Except as expressly provided herein, no part of a Site, including but not limited to data, materials retrieved, underlying code or other Content, may be reproduced, republished, copied, transmitted, “scraped,” or distributed in any form or by any means; and (iv) You acknowledge and agree that that you will not: (a) copy, reproduce, disclose or publicly display the Sites (or portion thereof), (b) directly or indirectly license, distribute, resell, rent, lease, subcontract, operate as a service bureau or otherwise make available to any third party, the Sites (or portion thereof), (c) decompile, disassemble, reverse engineer or create derivative works of the Sites (or portion thereof), (d) develop or market a competitive product or service using data “scraped” from or similar ideas, features, functions or graphics as  the Sites  (or portion thereof), (e) disclose any passwords or other security or authentication device with respect to the Sites (or portion thereof) to any natural person or entity, (f) use the Sites (or portion thereof) in a manner that constitutes a violation of any applicable law, rule or regulation, (g) use the Sites (or portion thereof) to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (h) use the Sites (or portion thereof) to store or transmit malicious code, (i) interfere with or disrupt the integrity or performance of the Sites (or portion thereof) or third-party data contained therein, and/or (j) attempt to gain unauthorized access to the Sites (or portion thereof) or to their related systems or networks. A violation of any of the foregoing use restrictions may lead to suspension or termination of your use of  the Services, legal action against you, and/or other remedial action in our sole discretion.
   5. Indemnity.You shall indemnify, release and hold us, and our licensors and suppliers, and each of their and our respective officers, directors, members, employees and agents, and any respective successors and assigns (collectively, the “Covered Parties”) harmless from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to any Site, violation of these Terms, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

4. Privacy. In addition to our other policies and disclosures made available on the Sites, we provide a Privacy Statement (“Statement”), a link to which appears in Section 1, Acceptance of Terms, above, in order to describe, among other things, our information practices with respect to our Sites’ visitors. Your use of any of our Sites constitutes your acceptance of our information practices as described in the Statement.

5. Warranty Disclaimers, Limitation of Liability, and Class Action Waiver.
   
   1. Warranty Disclaimers. YOU AGREE THAT YOUR USE OF ANY SITE IS AT YOUR OWN SOLE RISK AND THAT THE SITES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE COVERED PARTIES DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES, INACCURACIES IN THE CONTENT, AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (iii) THE UNAVAILABILITY OF A SITE OR ANY PORTION THEREOF, (iv) YOUR ACCESS TO OR USE OF A SITE, (v) VIRUSES OR OTHER DAMAGING FACTORS, OR (vi) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH A
   2. Limitation of Liability. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH A SITE IS TO STOP USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED PARTIES ARE AND WILL NOT BE LIABLE FOR ANY DAMAGES OR MONETARY AWARD, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, OR ARISING FROM LOST PROFITS, SAVINGS, OR DATA), IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH ANY SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OR FAULT OF ANY OF THE COVERED PARTIES, AND WHETHER OR NOT APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF THE COVERED PARTIES RELATED TO YOUR USE OF OR ACCESS TO A SITE BE GREATER THAN TEN DOLLARS (US$10.00). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COVERED PARTIES AND YOU. YOU UNDERSTAND THAT THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH
   3. Class Action Waiver. YOU UNDERSTAND AND AGREE THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COVERED PARTIES ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

6. Changes to these Terms or to the Sites. We may change or modify these Terms from time to time in our sole discretion without notice other than posting the revised version on the Site. The amended Terms will automatically be effective when posted on any Your continued use of a Site after any changes in these Terms shall constitute your consent to such changes.
   We reserve the right to change, modify or discontinue, temporarily or permanently, our Sites (or any portion thereof), including any and all Content contained on the Sites, at any time without notice to you. You agree that the Covered Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites (or any portion thereof).

7. Governing Law, Jurisdiction. We may, at any time and for any reason in our sole discretion, terminate or suspend your use of and access to any or all Sites. Upon any such termination or suspension, your right to use the Site(s) will immediately cease. If we terminate or suspend your use of the Site(s), you hereby waive any claims against us or the Covered Parties with respect to such termination or suspension.

8. Governing Law, Jurisdiction. To the extent not governed by the Interstate Commerce Commission Termination Act or other applicable federal statutes, the laws of the State of Florida shall govern the validity, construction and performance of these Lawsuits shall be filed and litigated exclusively in the state or federal courts located in Duval County, Florida, and the Parties hereby consent to jurisdiction in these courts and agree that venue is proper exclusively in these courts.

9. Entire Agreement; Assignment; Severability; No Waiver. These Terms incorporate by reference any notices, policies, and disclosures contained on any Site constitute the entire agreement regarding your use of and access to a Site, but shall not be construed to reflect or create any partnership, joint venture, employer-employee, agency, franchisor-franchisee, or other relationship between you and us. You may not assign any of your rights or delegate your obligations under these Terms, without our prior written We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. If any provision of these Terms or our Privacy Statement is determined to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision will be severable from the remaining provisions, and there will be automatically deemed substituted in its place a provision as near as possible to the severed provision while still being lawful, valid, and enforceable; and it and the remaining provisions shall continue in force accordingly. Our forbearance, delay, or failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

Effective Date: January 1, 2023
Last Updated: January 1, 2023

This Cookie Policy (“Policy”) applies solely to the website found at www.modeglobal.com (together with all sub-domains, and any successor website(s) thereto (the “Site”), and supplements our Privacy Statement (“Statement”), which is available at www.modeglobal.com/privacy-statement/. Any capitalized terms not defined in this Policy have the meaning set out in our Statement.

We encourage you to read our Statement and this Policy to stay informed about our information practices, including our use of Cookies (defined in Section 1, About Cookies).

Contents

Please read this Policy carefully. If needed, you can click on one of the links below to jump to the listed section:

1. About Cookies
2. How We Use Cookies
3. The Cookies We Set
4. Disabling Cookies
5. Changes to this Cookie Policy
6. Contact Us

1. About Cookies

The Site uses cookies and similar technologies, such as pixel tags, web beacons, clear GIFs, and JavaScript, to enable us to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, and to operate and improve our Services. Cookies are small files placed on your computer, tablet, phone, or similar device, when you use that device to visit a Site. We will refer to cookies and similar technologies simply as “Cookies” for the remainder of this Cookie Policy.

2. How We Use Cookies

We use Cookies for a variety of reasons detailed below. In most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this Site. It is recommended that you leave on all Cookies if you are not sure whether you need them, in case they are necessary in order for us to provide a Service that you use.

Essential or Strictly Necessary Cookies. Essential or Strictly Necessary Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Site. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
Performance/Analytical Cookies. If used, Performance/Analytical Cookies allow us to understand how visitors use our Site, such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site, and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also would help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with any of our advertising.

3. The Cookies We Set

Currently, this Site does not utilize cookies.

4. Disabling Cookies

Most browsers are set to accept cookies. Using the “help” feature on your browser (e.g., Google; Microsoft; Apple; Mozilla), you can manage your browser cookie preferences to, for example, automatically accept cookies, automatically decline cookies, or notify you before receiving a cookie.
You can find more information about cookies generally at: www.allaboutcookies.org
If you use our Site and choose not to disable cookies, you agree that we or a third party can place them on your device. Please note that refusing a cookie may affect your ability to access certain content or functionality offered by our website.

5. Changes to this Cookie Policy

We may change or update this Policy from time to time. When we do, we will post the revised Policy on this page with a new “Last Updated” date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

6. Contact Us

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under relevant law, please do not hesitate to contact us at:

Mode Global, LLC

4500 Salisbury Road, Suite 305

Jacksonville, FL 32216

Phone: 972-447-0075

[email protected].