Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ModaCommunities.com website (the "Site") operated by Moda Clubs, LLC ("Moda Clubs," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any modifications constitutes acceptance of the revised Terms.

2. Description of Services

The Site provides the following services and tools for the Moda Clubs community:

• Group Directory: A listing of official Moda Clubs communities on Facebook, including group descriptions, access levels, and member counts.
• Group and Post Verification: Tools to verify whether a Facebook group, post, or share link belongs to an official Moda Clubs community.
• Admin and Moderator Verification: A tool to verify whether a Facebook profile belongs to a member of the Moda Clubs team.
• Post Checker: A tool to scan listing text for words that may trigger automatic decline filters in specific Moda Clubs Facebook groups.
• Contact and Report Forms: Forms to submit inquiries, disputes, reports, and other communications to the Moda Clubs team.
• Updates and Announcements: A feed of news, announcements, and updates from Moda Clubs.
• Team Directory: Information about the Moda Clubs leadership team and moderators.
• FAQ: Frequently asked questions about Moda Clubs communities and services.

3. Eligibility

You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. User Conduct

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Submit false, misleading, or fraudulent information through any form, tool, or feature on the Site.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• Use any automated means, including bots, scrapers, or crawlers, to access, collect, or interact with the Site without our prior written consent.
• Interfere with or disrupt the Site or servers or networks connected to the Site.
• Upload, transmit, or distribute any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Use the Site to facilitate scams, fraud, or unauthorized commercial activities.
• Abuse the verification tools by submitting excessive automated requests or using the tools for purposes other than their intended function.

5. Intellectual Property

All content, features, and functionality of the Site, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the overall design and arrangement thereof, are owned by Moda Clubs, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Moda Clubs name, logo, Circle M mark, and all related names, logos, product and service names, designs, and slogans are trademarks of Moda Clubs, LLC. You may not use such marks without our prior written permission.

6. Disclaimer of Warranties

THE SITE AND ALL SERVICES, TOOLS, AND CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE VERIFICATION TOOLS WILL CORRECTLY IDENTIFY ALL OFFICIAL OR UNOFFICIAL GROUPS, POSTS, OR TEAM MEMBERS IN ALL CIRCUMSTANCES; (D) THE POST CHECKER WILL IDENTIFY ALL WORDS THAT MAY CAUSE A POST TO BE DECLINED; OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODA CLUBS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) ANY TRANSACTION OR DEAL CONDUCTED BETWEEN MEMBERS OF MODA CLUBS COMMUNITIES, WHETHER OR NOT FACILITATED BY TOOLS ON THIS SITE; OR (F) ANY RELIANCE ON VERIFICATION RESULTS PROVIDED BY THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).

8. Assumption of Risk

You acknowledge and agree that all transactions, deals, and interactions between members of Moda Clubs communities on Facebook are conducted between those members independently. Moda Clubs, LLC does not act as a party to any transaction, does not guarantee the quality, safety, or legality of items listed, the accuracy of listings, or the ability of sellers to sell or buyers to pay. The verification tools, Post Checker, and other features on this Site are provided as informational aids only and do not constitute a guarantee, endorsement, or warranty of any kind.

9. Indemnification

You agree to indemnify, defend, and hold harmless Moda Clubs, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content you submit through the Site.

10. Third-Party Links and Services

The Site contains links to third-party websites and services, including Facebook group links, external product links, partner websites, and payment platforms. These links are provided for your convenience only. We do not control and are not responsible for the content, privacy practices, or availability of any third-party website or service. Your interactions with any third-party website or service are solely between you and that third party.

11. Facebook/Meta Disclaimer

Moda Clubs, LLC is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. (formerly Facebook, Inc.). Facebook, Meta, and all related marks are trademarks of Meta Platforms, Inc. The Moda Clubs communities operate on the Facebook platform as independent communities. Our verification tools interact with publicly available Facebook URLs and do not access, store, or process any Facebook user data beyond publicly available redirect information.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Minnehaha County, South Dakota. You hereby consent to the personal jurisdiction of such courts.

13. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate binding arbitration in Sioux Falls, South Dakota, in accordance with the rules of the American Arbitration Association.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Moda Clubs, LLC concerning your use of the Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Site.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Moda Clubs, LLC
350 S Main Ave #403
Sioux Falls, SD 57104
Email: info@modaclubs.com