Terms of Use

These Terms of Use govern your access to and use of modusoperandi.com and its content (the "Website"), operated by Modus Operandi, Inc. ("Modus Operandi," "we," "us," or "our").

By accessing or using this Website, you agree to these Terms of Use. If you do not agree, do not use this Website.

We may revise these Terms of Use at any time by updating this page. Changes take effect when posted. The "Last updated" date above tells you when these terms were last revised. Your continued use of the Website after we post a change means you accept the revised terms. Please review this page periodically.

This Website is operated from the United States and is intended for users located in the United States. We make no representation that the content is appropriate or available for use in other locations. If you access this Website from outside the United States, you do so on your own initiative and you are responsible for compliance with the laws of your jurisdiction.

You must be at least 18 years old to use this Website.

You may access and view this Website, and download or print individual pages, for your own informational, internal business, or government evaluation purposes.

You may not:

• reproduce, republish, distribute, sell, license or commercially exploit any part of this Website without our prior written permission;
• systematically retrieve content from this Website to create or compile a collection, database or directory;
• remove, obscure or alter any copyright, trademark or other proprietary notice;
• reverse engineer, decompile or attempt to derive the source code of any software made available through this Website; or
• use this Website in any way that could damage, disable, overburden or impair it, or interfere with any other party's use of it.

You may not use any robot, spider, scraper, or other automated means to access, monitor or copy any part of this Website without our prior written permission, except that operators of general-purpose search engines may use automated means to index the Website for the sole purpose of creating publicly available search indices.

You may not use content from this Website to train, fine-tune, or otherwise develop any machine learning model or artificial intelligence system without our prior written permission. This restriction is in addition to, and does not limit, the intellectual property rights described in Section 6.

All content on this Website - including text, graphics, images, photographs, diagrams, video, audio, page layout, and the selection and arrangement of that content - is owned by Modus Operandi or its licensors and is protected by United States and international copyright law.

Modus Operandi's technology is protected by patent, including U.S. Patent 11,803,531. Nothing on this Website grants you any license or right under any Modus Operandi patent, copyright, trademark, or trade secret, whether by implication, estoppel or otherwise.

Modus Operandi®, Movia®, and the Modus Operandi logo are trademarks of Modus Operandi, Inc. Other product names, service names, and logos appearing on this Website may be trademarks of their respective owners, and are used for identification purposes only. Nothing on this Website should be construed as granting any license or right to use any trademark without the written permission of its owner.

You may link to the home page or to any publicly accessible page of this Website, provided that the link is not misleading, does not falsely imply sponsorship, endorsement, affiliation or approval by Modus Operandi, and does not present our content in a framed, altered or defamatory context.

We may withdraw permission to link at any time by written notice.

You may not use this Website:

• for any unlawful purpose, or in violation of any applicable federal, state, local or international law;
• to transmit any material that is defamatory, harassing, obscene, or that infringes the rights of any person;
• to upload or transmit any virus, worm, malicious code, or other material designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
• to gain or attempt to gain unauthorized access to any portion of this Website, any server on which it is hosted, or any system connected to it; or
• to conduct any vulnerability scan, penetration test, or similar security assessment of this Website or its infrastructure without our prior written authorization.

You may not harvest, collect or otherwise gather email addresses or other contact information from this Website for the purpose of sending unsolicited commercial email. Use of any contact information published on this Website to send unsolicited commercial email is prohibited and may violate federal and state law.

Modus Operandi supports United States defense and intelligence customers. Certain technical data, software and services relating to our products may be subject to United States export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations.

Content published on this Website is intended to be publicly releasable marketing and corporate information. Nothing on this Website constitutes the release, export or transfer of controlled technical data. You may not export or re-export any content obtained from this Website in violation of United States export control laws, and you may not access this Website if you are located in an embargoed country or are a person or entity barred from receiving United States exports.

Requests for controlled technical data must be made directly to us through an appropriate channel and will be handled in accordance with applicable law.

The content on this Website is provided for general informational purposes. It does not constitute professional, technical, engineering, security, or legal advice, and you should not rely on it as a substitute for advice from a qualified professional retained by you.

Nothing on this Website constitutes an offer, quotation, commitment, or representation regarding pricing, delivery, contract terms, or the availability of any product or service under any contract vehicle. Descriptions of our contract vehicles, capabilities and past performance are provided for informational purposes. Any procurement is governed solely by the terms of the applicable contract, task order, or written agreement between Modus Operandi and the customer.

If you send us ideas, suggestions, feedback or other materials relating to this Website or our products, other than personal information governed by our Privacy Policy, you grant Modus Operandi a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify and incorporate that material for any purpose, without compensation or attribution to you. Do not send us confidential or proprietary information through this Website.

This Website may contain links to websites operated by third parties. We provide those links for convenience. We do not control, endorse, or assume responsibility for the content, privacy practices or availability of any third-party website, and your use of any third-party website is at your own risk and subject to that website's terms.

Modus Operandi respects the intellectual property rights of others. If you believe material on this Website infringes your copyright, send a written notice to our designated agent containing all of the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing, with enough detail for us to locate it, including the URL;
• your name, mailing address, telephone number and email address;
• a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We may remove or disable access to allegedly infringing material and, in appropriate circumstances, terminate the access of repeat infringers. If you believe your material was removed in error, you may submit a counter-notice under 17 U.S.C. § 512(g).

THIS WEBSITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MODUS OPERANDI DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY CONTENT ON THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, MODUS OPERANDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS WEBSITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Modus Operandi and its officers, directors, employees and agents from any claim, demand, loss, liability, damage, cost or expense, including reasonable attorneys' fees, arising out of your use of this Website, your violation of these Terms of Use, or your violation of any right of a third party.

These Terms of Use and any dispute arising out of or relating to them or to this Website are governed by the laws of the State of Florida, without regard to its conflict of law principles.

You agree that any action or proceeding arising out of or relating to these Terms of Use or this Website will be brought exclusively in the state or federal courts located in Brevard County, Florida, and you consent to the personal jurisdiction of those courts.

Nothing in this section limits the rights of the United States Government, or affects any dispute arising under a government contract, which is governed by the Contract Disputes Act and the terms of the applicable contract.

If you have entered into a separate written agreement with Modus Operandi - including a license agreement, services agreement, non-disclosure agreement, teaming agreement, subcontract, or government contract or task order - that agreement governs the subject matter it covers, and these Terms of Use do not modify or supersede it.

We are committed to making this Website usable by everyone. Our approach, our target conformance level, and how to report a problem or request content in an alternative format are described in our Accessibility Statement.

Severability. If any provision of these Terms of Use is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer your rights under these Terms of Use. We may assign ours without restriction.

Entire agreement. These Terms of Use, together with our Privacy Policy, are the entire agreement between you and Modus Operandi regarding this Website, and supersede any prior understanding regarding this Website.

Electronic communications. When you use this Website or send us email, you consent to receive communications from us electronically, and you agree that all agreements, notices and disclosures we provide electronically satisfy any legal requirement that they be in writing.

Questions about these Terms of Use: