Terms and Conditions
Effective Date: January 1, 2025 Last Updated: April 28, 2026 Issued By: DSP Solutions, Inc. ("Modus")
These Terms and Conditions ("Terms") govern your use of modusglobal.com (the "Site") and your purchase of products from Modus. By accessing or using the Site, you agree to be bound by these Terms and by the Modus Privacy Policy. If you do not agree, do not use the Site.
1. Acceptance of Terms
By using the Site, you agree to comply with these Terms, including any updates posted to the Site. Modus may revise these Terms at any time, and revised Terms take effect when posted. You are responsible for reviewing the Terms periodically. Continued use of the Site after a revision constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years old to use the Site or place an order. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Site, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
To make purchases or access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify Modus without delay if you suspect unauthorized use of your account.
4. Product Information and Availability
Modus uses reasonable efforts to provide accurate product descriptions, specifications, pricing, and availability on the Site. Modus does not warrant that product descriptions, images, pricing, or other content on the Site is accurate, complete, current, or free from typographical or other errors. Products are subject to availability, and Modus may modify, discontinue, or limit any product at any time without prior notice. Color and finish may vary slightly from images shown.
5. Pricing and Payment
All prices are listed in United States dollars unless stated otherwise. Prices do not include applicable taxes, shipping, or duties, which are calculated at checkout. Modus may change prices at any time. If a pricing error is discovered after you place an order, Modus will contact you and may cancel the order or offer the corrected price.
Payments are processed through third-party payment processors. By submitting payment information, you authorize Modus and its payment processor to charge the payment method you provide for the total amount of your order, including taxes and shipping. You represent that you have the right to use the payment method submitted.
6. Orders and Order Acceptance
Your order is an offer to purchase. Modus may accept or decline any order in its sole discretion. Modus may limit order quantities, refuse service, or cancel an order at any time, including for suspected fraud, pricing errors, product unavailability, or violation of these Terms or the Modus MAP Policy. Modus will not charge your payment method until your order has been accepted. An order is accepted when Modus issues a shipping confirmation.
7. Shipping and Delivery
Shipping times shown on the Site are estimates and not guaranteed. Modus is not responsible for delays caused by carriers, weather, customs, or other circumstances outside its control. Risk of loss and title for products pass to you upon delivery to the carrier. Shipping charges, taxes, and any other fees are calculated at checkout and shown before you confirm your order.
8. Returns, Refunds, and Warranty
Modus products are covered by the Modus Limited Warranty published at modusglobal.com/pages/warranty. Returns and refunds are governed by the Modus Returns Policy. Please review both before placing an order. Except as expressly provided in the Modus Limited Warranty, all products are sold "as is" without any warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.
The Modus Limited Warranty applies only to products purchased new from Modus or from a Modus authorized retailer. Products purchased from unauthorized sellers, including third-party marketplace listings not operated by Modus or an authorized retailer, are not covered by the warranty. To confirm whether a retailer is authorized, contact Modus before purchase.
The warranty does not cover damage caused by improper installation, misuse, modification, accident, neglect, unauthorized repair, failure to follow installation instructions, or use of the product outside its published electrical or environmental specifications. Mismatched system components, undersized wiring, improper grounding, and use of products with incompatible source equipment can cause damage that is not covered.
Marine-rated products (including MZA, MZS, MZW, MX, and other marine series) are designed for specific environmental conditions described in their product documentation. These products must be installed and used per published specifications. Damage caused by exposure beyond rated conditions, including submersion, saltwater immersion outside published limits, or installation in locations not approved for the product, is not covered by the warranty.
9. Resellers and Minimum Advertised Price
If you purchase Modus products for resale, you must comply with the Modus Minimum Advertised Price Policy and any applicable dealer agreement. Unauthorized resale, including listing Modus products on marketplaces without written authorization from Modus, may result in order cancellation, account suspension, and loss of warranty coverage.
10. Intellectual Property
All content on the Site, including text, images, logos, product designs, graphics, audio, video, software, and trademarks, is owned by or licensed to DSP Solutions, Inc. and is protected by United States and international intellectual property laws. "Modus," the Modus logo, and product names including Apex, Mezzo, Portale, PREACT, ACTEQ, Peak Cool, and Party Mode are trademarks of DSP Solutions, Inc.
Modus grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, sell, or otherwise exploit any content from the Site without the prior written consent of Modus.
11. Acceptable Use
You agree not to use the Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site. Prohibited activities include:
- Violating any applicable law, regulation, or third-party right
- Infringing the intellectual property or privacy rights of any party
- Transmitting viruses, malware, or other harmful code
- Attempting to gain unauthorized access to any portion of the Site, accounts, or connected systems
- Scraping, data mining, or using automated tools to access the Site without written permission
- Engaging in fraud, including the use of stolen payment credentials or false identity
- Reselling Modus products in violation of the Modus MAP Policy or any dealer agreement
- Using the Site to transmit unsolicited commercial communications
12. User-Submitted Content
If you submit reviews, photos, videos, or other content through the Site, you grant Modus a perpetual, royalty-free, worldwide, sublicensable license to use, reproduce, modify, distribute, and display that content in connection with the operation and promotion of Modus. You represent that you own or have the right to submit the content and that the content does not violate any law or third-party right. Modus may, but is not obligated to, monitor, edit, or remove user-submitted content at any time.
13. Privacy
Your use of the Site is governed by the Modus Privacy Policy, available at modusglobal.com. The Privacy Policy describes the personal information Modus collects, how it is used and shared, and your rights and choices. By using the Site, you acknowledge that you have read and understand the Privacy Policy.
14. Accessibility
Modus is committed to making modusglobal.com accessible to people with disabilities. The Modus Accessibility Statement describes the standards Modus works to meet and how to report accessibility barriers.
15. Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED IN THE MODUS LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODUS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MODUS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODUS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED FROM MODUS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MODUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODUS'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR THE AMOUNT YOU PAID TO MODUS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.
17. Indemnification
You agree to indemnify, defend, and hold harmless DSP Solutions, Inc., its parent, affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, your violation of any law, or your violation of any third-party right.
18. Dispute Resolution and Arbitration
Modus prefers to resolve disputes informally. Before filing any formal claim, you agree to first contact Modus at the address in Section 22 and provide a written description of the dispute. The parties will attempt in good faith to resolve the dispute through negotiation for at least sixty (60) days before either party initiates a formal proceeding.
Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small claims court. Arbitration will take place in Ventura County, California, or another location agreed to by the parties. The arbitrator's decision will be final and binding.
YOU AND MODUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
If any portion of this Section 18 is found unenforceable, the remainder of the Section will continue to apply. If the class action waiver is found unenforceable, then the entire arbitration provision will be void, and the parties will resolve the dispute in court under Section 19.
19. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Subject to Section 18, any dispute arising out of or related to these Terms or your use of the Site will be resolved exclusively in the state or federal courts located in Ventura County, California, and you consent to the jurisdiction of those courts.
20. Force Majeure
Modus is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, supply chain disruptions, carrier delays, internet or utility outages, pandemics, or public health emergencies.
21. Electronic Communications and Notices
By using the Site or providing your contact information to Modus, you consent to receive communications from Modus electronically, including emails, text messages where you have opted in, and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that Modus provides to you electronically satisfy any legal requirement that such communications be in writing. Notices to Modus must be sent by mail to the address in Section 22 unless these Terms specify otherwise.
22. Contact Information
Questions about these Terms can be directed to:
Mail: DSP Solutions, Inc., 1451 Vanguard Drive, Oxnard, CA 93033 Phone: 805-988-9584 Email: privacy@modusglobal.com
23. Termination
Modus may suspend or terminate your access to the Site or your account at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination, including Sections 10, 12, 15, 16, 17, 18, and 19, will survive.
24. Severability and Miscellaneous
If any provision of these Terms is found unenforceable or invalid, that provision will be limited or removed to the minimum extent needed, and the remaining provisions will remain in full force and effect. Modus's failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with the Privacy Policy, MAP Policy, Limited Warranty, and any other policies referenced here, constitute the entire agreement between you and Modus on use of the Site and supersede all prior agreements. You may not assign or transfer these Terms without Modus's prior written consent. Modus may assign these Terms to any affiliate or successor.
25. Changes to These Terms
Modus may update these Terms at any time. Material changes will be communicated by posting the revised Terms on the Site and updating the Last Updated date at the top. Your continued use of the Site after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Site.
