1. Agreement to These Terms
These Terms of Use ("Terms") are a legally binding agreement between you and Strategy Simple LLC, a Michigan limited liability company operating the modus6 brand ("modus6," "we," "us," or "our"). These Terms govern your access to and use of modus6.com and any related webpages, content, forms, downloads, and features that link to these Terms (collectively, the "Site").
By accessing or using the Site, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.
If you use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization.
2. About modus6
modus6 is a brand and business unit of Strategy Simple LLC. We provide business-focused AI advisory, assessment, audit, prioritization, implementation support, educational content, and related professional services.
Information on the Site describes our general capabilities and point of view. Specific services, deliverables, timelines, fees, responsibilities, data-processing terms, warranties, and remedies are governed by the proposal, statement of work, order form, master services agreement, or other written agreement applicable to the engagement. If a signed agreement conflicts with these Terms, the signed agreement controls for that engagement.
3. Eligibility and Intended Use
The Site is intended primarily for business professionals and users who are at least 18 years old and capable of entering into a binding agreement. By using the Site, you represent that you meet these requirements.
The Site is not directed to children. Do not use general website forms to submit protected health information, nonpublic personal financial information, account credentials, Social Security numbers, payment-card data, precise geolocation, or other highly sensitive or regulated information unless we specifically request it through an appropriate secure method.
4. Informational and Educational Content
Site content is provided for general informational and educational purposes. It does not constitute legal, tax, accounting, investment, insurance, medical, cybersecurity, regulatory, or other professional advice, and it should not be treated as a substitute for advice from qualified professionals familiar with your circumstances.
Using the Site, downloading a resource, submitting a form, or communicating with us does not by itself create a client, fiduciary, agency, partnership, joint-venture, employment, or other professional relationship. A client relationship begins only when the parties execute an applicable written agreement.
Do not rely on Site content as the sole basis for a material business, compliance, financial, employment, technology, or security decision. You are responsible for evaluating whether information is appropriate for your organization.
5. Artificial Intelligence and Technology Limitations
The Site may discuss artificial intelligence, automation, analytics, identity resolution, data, software, and emerging technologies. These technologies can produce incomplete, inaccurate, biased, outdated, or unexpected results and may change without notice.
Examples, estimates, frameworks, benchmarks, opportunity descriptions, and potential outcomes are illustrative. They are not guarantees of performance, savings, revenue, accuracy, compliance, security, or business results. Any implementation requires independent evaluation, appropriate human oversight, testing, security review, legal and regulatory review, change management, and controls suitable for the organization and use case.
6. Intellectual Property
The Site and its content, including text, graphics, layouts, designs, downloads, reports, methodologies, diagrams, videos, software, code, logos, trademarks, service marks, and other materials (collectively, "Content"), are owned by or licensed to Strategy Simple LLC and are protected by intellectual-property and unfair-competition laws.
This includes, without limitation, the modus6 name and logo; Priority over Hype™; The Modus6 Momentum Model™; the Six Momentum Drivers; AI Momentum Assessment™; AI Momentum Audit™; AI Momentum Accelerator™; AI Momentum Advisory™; AI Opportunity Matrix™; AI Momentum Roadmap™; AI Momentum Playbook™; and related names, graphics, and materials.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to download or print publicly available Content solely for your internal, non-commercial evaluation and informational use. No other rights are granted.
You may not copy, reproduce, modify, translate, publish, distribute, sell, sublicense, publicly display, create derivative works from, remove notices from, or commercially exploit the Content without our prior written permission, except as permitted by applicable law.
7. Acceptable Use and Prohibited Activities
You agree to use the Site lawfully and in a manner that does not harm the Site, us, our clients, service providers, or other users. You may not:
- Use the Site or Content for an unlawful, fraudulent, deceptive, abusive, or unauthorized purpose;
- Attempt to gain unauthorized access to the Site, accounts, systems, networks, source code, or data;
- Interfere with security features, availability, performance, or the operation of the Site;
- Upload or transmit malware, harmful code, unsolicited bulk messages, or disruptive content;
- Impersonate another person or organization, misrepresent your affiliation, or submit false information;
- Harvest email addresses, telephone numbers, identifiers, or other information from the Site;
- Use data-mining, scraping, crawling, bots, automated agents, or similar methods to extract Content or create a database, except for ordinary indexing, summarization, citation, or linking by generally available search engines and generative discovery services that comply with our robots.txt instructions, applicable law, and these Terms;
- Use the Content to train, fine-tune, benchmark, or develop an artificial-intelligence or machine-learning model, create a commercial dataset, or build or market a competing product or service without our written permission;
- Circumvent access controls, rate limits, robot exclusions, or other technical restrictions;
- Reverse engineer, decompile, disassemble, or attempt to derive source code from Site software except where applicable law expressly permits it; or
- Use the Site in a way that infringes or violates another party’s intellectual-property, privacy, publicity, contractual, or other rights.
We may restrict or terminate access to the Site if we reasonably believe these Terms have been violated.
8. Forms, Communications, and Submissions
When you submit a form, request a resource, schedule a conversation, or otherwise contact us, you agree to provide accurate information and authorize us to respond using the contact information you provide.
General website submissions are not confidential. Do not submit confidential business information, trade secrets, client data, or regulated information through a general form unless we have expressly agreed to receive it through an appropriate secure channel.
You retain ownership of materials you submit. You grant us a non-exclusive, worldwide, royalty-free license to host, copy, transmit, and use those materials as reasonably necessary to respond to you, provide requested resources or services, operate the Site, maintain records, protect the parties, and comply with law.
If you provide suggestions, ideas, comments, or other feedback about the Site or our offerings, we may use that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.
9. Email, Telephone, and Text Communications
By providing an email address or telephone number, you authorize us to contact you regarding your inquiry, requested resource, appointment, proposal, or business relationship. We may also send marketing communications where permitted by law and consistent with your preferences.
If you separately consent to receive text messages, message frequency may vary and message and data rates may apply. Consent to marketing text messages is not a condition of purchasing services. You may opt out by replying STOP. For assistance, reply HELP or contact us at rtrube@modus6.com.
You are responsible for keeping your contact information current and for charges imposed by your communications provider.
10. Privacy, Cookies, Analytics, and Pixel Technologies
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information, including information associated with cookies, analytics, advertising, pixel, attribution, and identity-resolution technologies. The Privacy Policy is incorporated into these Terms by reference.
By using the Site, you acknowledge that data may be processed in the United States and other locations described in the Privacy Policy. Where required by law, non-essential technologies are subject to consent or opt-out choices.
11. Third-Party Services, Links, and Embedded Content
The Site may use, link to, or embed third-party platforms, forms, calendars, analytics, hosting, communication tools, videos, social networks, and other services. Third parties may have their own terms and privacy practices.
We do not control and are not responsible for third-party services, content, availability, security, accuracy, or practices. A link or integration does not imply endorsement. Your use of a third-party service is at your own risk and may be governed by that provider’s terms.
12. Service Engagements and Client Responsibilities
Any consulting, audit, assessment, implementation, data, software, marketing, identity-resolution, or related service is subject to a separate written agreement. You are responsible for providing accurate information, securing necessary rights and permissions, maintaining appropriate privacy notices and consent mechanisms, and determining whether a proposed use complies with laws, regulations, contracts, industry rules, and internal policies applicable to your organization.
Unless a signed agreement states otherwise, you remain responsible for final decisions, deployment, monitoring, human oversight, cybersecurity, data governance, regulatory compliance, and the use of any recommendations, technology, data, or output.
13. Purchases, Fees, and Refunds
If the Site enables a purchase or paid registration, the applicable price, payment schedule, cancellation terms, fulfillment terms, and refund policy will be presented at the time of purchase or in the applicable order form, proposal, or agreement. Except where required by law, those transaction-specific terms control.
You represent that you are authorized to use any payment method you provide and authorize the applicable charges. We may use third-party payment processors and do not ordinarily store complete payment-card information on the Site.
14. Site Availability, Changes, and Corrections
We may modify, suspend, restrict, or discontinue any part of the Site at any time. We do not guarantee that the Site will be uninterrupted, secure, error-free, or available at all times.
The Site may contain typographical errors, omissions, or outdated information. We may correct or update information without notice, but we are not obligated to update all Content.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." STRATEGY SIMPLE LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND RESULTS.
WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT ANY INFORMATION, RECOMMENDATION, ESTIMATE, TECHNOLOGY, OR RESULT WILL BE ACCURATE, COMPLETE, CURRENT, COMPLIANT, OR SUITABLE FOR YOUR PURPOSE.
Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRATEGY SIMPLE LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SAVINGS, GOODWILL, OPPORTUNITY, OR DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR CONTENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID, IF ANY, SPECIFICALLY FOR ACCESS TO THE SITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not limit liability that cannot be limited or excluded under applicable law. Liability relating to a paid professional engagement is governed by the applicable written agreement.
17. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Strategy Simple LLC and its members, managers, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from your unlawful use of the Site, your material violation of these Terms, your infringement of another party’s rights, or information or materials you submit through the Site.
We may assume control of the defense of a covered matter, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes an obligation or admission on us without our written consent.
18. Copyright Concerns
We respect intellectual-property rights. If you believe Content on the Site infringes a copyright you own or control, send a written notice to rtrube@modus6.com that identifies the copyrighted work, the allegedly infringing material and its location, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature.
Knowingly submitting a materially false infringement notice may result in liability. We may remove or restrict access to material while reviewing a notice.
19. Governing Law, Informal Resolution, Arbitration, and Class-Action Waiver
These Terms and any dispute arising from or related to the Site are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
Before filing a formal claim, you and Strategy Simple LLC agree to provide written notice describing the dispute and requested relief and to attempt in good faith to resolve the dispute informally for at least 30 days.
EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS AND THE EXCEPTIONS BELOW, ANY DISPUTE THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). IF THE DISPUTE QUALIFIES AS A CONSUMER DISPUTE, THE AAA CONSUMER ARBITRATION RULES THEN IN EFFECT WILL APPLY; OTHERWISE, THE AAA COMMERCIAL ARBITRATION RULES THEN IN EFFECT WILL APPLY. THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL RELIEF AVAILABLE IN COURT, SUBJECT TO THESE TERMS AND APPLICABLE LAW.
YOU AND STRATEGY SIMPLE LLC WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING UNLESS ALL PARTIES AGREE IN WRITING.
Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, privacy, security, or prevent unauthorized access or misuse while arbitration is pending.
Unless the parties agree otherwise or applicable AAA rules require another location, arbitration will take place in Wayne County, Michigan, remotely, or through written submissions as the arbitrator determines. If a dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts serving Wayne County, Michigan.
To the extent permitted by law, a claim arising from or related to the Site must be filed within one year after the claim arose, or it is permanently barred. If any part of this arbitration or class-action-waiver section is found unenforceable, the remaining provisions will be enforced to the fullest extent permitted by law.
20. Electronic Communications and Records
You consent to receive agreements, notices, disclosures, and other communications electronically through the Site, email, or other electronic means. You agree that electronic communications and records satisfy legal requirements that communications be in writing, subject to applicable law.
You may retain copies of these Terms and other electronic communications for your records.
21. International Users
The Site is controlled from the United States. We do not represent that the Site or Content is appropriate or lawful in every location. If you access the Site from another jurisdiction, you are responsible for compliance with applicable local laws.
22. Changes to These Terms
We may update these Terms from time to time. The Last Updated date identifies the most recent revision. Material changes may be communicated through the Site or another appropriate channel. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.
23. Miscellaneous
These Terms and the Privacy Policy constitute the entire agreement between you and us concerning use of the Site, except for any separate agreement that applies to a service or transaction. Our failure to enforce a provision is not a waiver. If a provision is found invalid or unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law. Headings are for convenience only. The words "including" and "include" mean "including without limitation."
24. Contact Us
Questions or notices regarding these Terms may be directed to:
Strategy Simple LLC, operating as modus616845 Kercheval Ave, Floor 2, Suite 1D
Grosse Pointe, MI 48230
Email: rtrube@modus6.com
Phone: 313.626.9200