The moduet.com website (the “Site”) is comprised of various web pages operated by MoDuet, LLC (“MoDuet”). moduet.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of moduet.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

moduet.com is an E-Commerce Site owned and operated by MoDuet, LLC.

moduet.com offers marketing, website and consulting services to businesses. Services include website creation, website hosting and ongoing support and maintenance. These services are offered online as well as through custom plans. In addition to these services, moduet.com offers educational and informative information around these services through blog content, FAQ and video content.

Privacy

Your use of moduet.com is subject to MoDuet’s Privacy Policy. You acknowledge that you have reviewed our Privacy Policy, which can be found at https://moduet.com/privacy-policy/, which also governs the Site and informs users of our data collection practices. By accepting the terms of this Agreement, you agree to bound by the terms of MoDuet’s Privacy Policy.

Electronic Communications

Visiting moduet.com or sending emails to MoDuet constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities under your account. MoDuet is not responsible for unauthorized access resulting from your failure to secure credentials.

MoDuet reserves the right to refuse service, terminate accounts, or remove content in accordance with any applicable Master Services Agreement (MSA) or Service Agreement.

Children Under Thirteen

MoDuet does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use moduet.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All payments are required when placing an order and are non-refundable. You are responsible for paying all Service fees upfront. Refunds are only available as outlined in the Refund Policy.

In the event a Client has executed a Master Services Agreement (MSA), refund and cancellation terms shall be governed by the Refund Policy and MSA, which supersede this section.

Links to Third Party Sites/Third Party Services

moduet.com may contain links to third-party websites. MoDuet is not responsible for the content or practices of third-party sites.

Certain Services may be delivered via third-party platforms or subcontractors.

MoDuet reserves the right to engage subcontractors to perform Services under any applicable MSA or service agreement.

By using the Site, you acknowledge and consent that MoDuet may share necessary data with third-party providers solely for the purpose of delivering Services.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use moduet.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MoDuet that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MoDuet or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MoDuet content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MoDuet and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MoDuet or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by MoDuet from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MoDuet Content accessed through moduet.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MoDuet, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MoDuet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MoDuet in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MoDuet agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MODUET, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MODUET, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MODUET, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODUET, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MODUET, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

MoDuet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Where a Client is under an active Master Services Agreement (MSA), termination and suspension rights shall also be governed by the applicable MSA terms.

These Terms are governed by the laws of the Commonwealth of Kentucky.

Any disputes arising under these Terms or any related MSA shall be subject to jurisdiction in Jefferson County, Kentucky.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MoDuet as a result of this agreement or use of the Site.
MoDuet’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MoDuet’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MoDuet with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and MoDuet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MoDuet with respect to the Site. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Hosting Plan Limits and Overage Charges

All hosting plans offered by MoDuet include a specified amount of storage and bandwidth, as detailed in your plan description. Any usage exceeding the allocated storage or bandwidth will not result in suspension or termination of service.

Excess usage will be billed at the following rates:

• Storage: $0.01 per MB
• Bandwidth: $0.001 per MB

These charges apply unless otherwise modified in an executed Master Services Agreement (MSA) or Service Agreement.

Effective April 1st, 2026.

Entire Agreement

These Terms, together with any applicable Privacy Policy, Refund Policy, and any executed Master Services Agreement (MSA), constitute the entire agreement between the parties.

In the event of a conflict between these Terms and an executed MSA, the MSA shall govern.

Changes to Terms

MoDuet reserves the right to update these Terms at any time. Continued use of the Site constitutes acceptance of updated Terms.

Contact Us

MoDuet welcomes your questions or comments regarding the Terms:

MoDuet, LLC
743 E Broadway 300
Louisville, Kentucky 40202-1711

Email Address:
support@moduet.com

Telephone number:
5025095778

Effective as of January 01, 2012