Modern Hub Terms of Service

Last Updated: December 5, 2022

Acceptance of Terms

These terms of service are entered into between you individually or as a representative of your Company (“You”) and Modern Commodities Inc. (“Modern,” “we,” or “us”) the following terms and conditions, together with any documents expressly incorporated by reference (collectively “Terms of Service”) govern your access and use of the Modern content, functionality, existing and future electronic systems, APIs and platforms, and the systems and existing and future services offered to you at *.modcom.inc. (“Modern Hub”), whether as a guest or registered user. By accessing, viewing or using any page, part or component of the Modern Hub, you have indicated your acknowledgement and acceptance of these Terms of Service.

Updates and Notice

Modern may in its sole discretion make unscheduled deployments of changes, updates or enhancements to the Modern Hub at any time, add or remove functionality or features, and may discontinue any or all Modern Hub altogether but we are under no obligation to update the Modern Hub.

Modern may change these Terms of Service at any time by either (i) posting the revised terms on the Modern Hub; (ii) sending you an email notification to the email address that you provided to Modern as part of your account registration, or a notification via SMS or other messaging services, or (iii) presenting the revised Terms of Service to you when you log into the Modern Hub. The updated Terms of Service will become effective the earlier of (a) when you accept them online, (b) thirty (30) days after Modern posts or emails the update, in which case your continued use of any of the Modern Hub or failure to cancel your account will indicate your acceptance of the amended Terms of Service.

Violations

We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Access to and use of the Modern Hub is restricted to authorized users only. Unauthorized individuals attempting to access the Modern Hub may be subject to prosecution.

Responsibilities

You are responsible for your use of the Modern Hub and you must: (i) use a secure and nonobvious password to access them; (ii) treat the user name, password and any other piece of information you receive as part of our security procedures as confidential and not share them with any other person; (iii) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security; (iv) periodically change your password; (v) log out after each session; (vi) install the most recent security patches and updates for your web browser; and (vii) not alter, corrupt, hack, or violate any computer code affecting the security and access controls of the Modern Hub.

To access the Modern Hub or some of the resources they offer, you may be asked to provide certain registration details or other information You are responsible for ensuring that all the information you provide to us on the Modern Hub is correct, current, and complete. All information we collect on the Modern Hub, including all information you provide to register with the Modern Hub or otherwise, including but not limited to the use of any interactive features on the Modern Hub, is handled in accordance with, and explained in further detail in our Privacy Policy.

If the Modern Hub contains links to other sites and resources provided by third parties, these links are provided for your convenience only including any links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Modern Hubs linked to this Modern Hub, you do so entirely at your own risk and subject to the terms and conditions of use for such Modern Hubs.

Proprietary Rights

The Modern Hub and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern, its licensors, or other providers of such material and are protected by Alberta, Canada and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Service and the Rules, Modern grants to you a personal, nonexclusive, non- transferable, non-sublicensable license to use the Modern Hub. Except as expressly authorized by Modern, you agree not to sell, copy, distribute, or create derivative works based on the Modern Hub, in whole or in part.

Disclaimer of Warranties

NEITHER MODERN NOR ANY AFFILIATE OF MODERN NOR ANY EXCHANGES WHOSE PRODUCTS MAY BE TRADED OR CLEARED USING THE MODERN HUB NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS (each a “RELATED PARTY”) MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MODERN HUB AND EACH HEREBY DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE, OR THE SEQUENCE, TIMELINESS, ACCURACY OR COMPLETENESS OF THE MODERN HUB. THE MODERN HUB IS PROVIDED ON AN “AS IS” BASIS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INERRUPTIONS OR ERRORS IN THE MODERN HUB; AND (II) THE MODERN HUB MAY, FROM TIME TO TIME, BE TEMPORARILY UNAVAILABLE.

Limitation of Liability and Remedies

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO CIRCUMSTANCES SHALL MODERN OR ANY OF THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY (A) DELAY, INACCURACIES, ERRORS, OMMISSIONS OR INTERUPTUION OF ANY KIND IN RELATION TO THE MODERN HUB OR FOR ANY RESULTING LOSS OR DAMAGE; OR (B) LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO OR MISUSE OF THE MODERN HUB. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY MODERN GROUP ENTITY OR ANY PARTICIPATING EXCHANGE OR ANY OF THEIR RESPECTIVE RELATED PARTIES HEREUNDER EXCEED THE LESSER OF: (A) THE FEES PAID TO MODERN BY LICENSEE HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY US DOLLARS ($50), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL SURVIVE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.

General Terms

The Terms of Service are the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements, oral or written, and all other communications between the parties concerning the subject matter of this Terms of Service. The failure of either party to exercise any right or remedy under this Terms of Service or at law shall not prevent any further exercise of that right or remedy. You may not assign this Terms of Service without the prior written consent of Modern. If any part, term or provision of this Agreement is held illegal, invalid or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected. These Terms of Service and your use of the Modern Hub shall be governed by the internal laws of the Province of Alberta, and the federal laws of Canada, without regard to conflicts of laws principles.