Terms and Conditions: Use of Website

Mondato Terms and Conditions – Use of Website

This website (“Website”) is operated by Mondato LLC (“Mondato”), whose address is 2200 Pennsylvania Avenue, NW, Suite 640W, Washington, DC, 20037. Mondato is registered in the State of Delaware. Access is provided only in accordance with the following terms and conditions (the “T&Cs”). This Website and all content and services provided via this Website are to be used only for your personal, non-commercial use, and you may only use this Website and any content and services provided via this Website for lawful purposes. All content and services provided via this Website are provided “as is” and without warranties of any kind, either express or implied. Further, any reliance on this Website or the content or services provided via this Website is at your own risk.

Please read the T&Cs carefully to understand the terms and conditions governing your use of the Website and the content and services provided via this Website, and please also read our Mondato Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Website. Your continued use of this Website and the content and services provided via this Website constitutes an agreement to these T&Cs. Please note that these T&Cs may change from time to time. Please check the T&Cs each time you visit this Website for the most current version.

If you do not agree to abide by the T&Cs, immediately discontinue your access to and use of this Website and do not return. In addition, if you are a person younger than 18 years of age, you must immediately discontinue your access to and use of this Website and do not return to this Website until you are 18 years of age. Any breach of these T&Cs immediately terminates your right to access and use this Website and all rights and licenses granted to you by these T&Cs.

These T&Cs concern only this Website, and do not concern any other website, including websites to which this Website may link that may be owned or operated by third parties. When you access such hyperlinks on this Website you may leave the Website. Except as otherwise indicated, Mondato does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers.

In the future, we may change these T&Cs; we will post changes on this URL and note the effective date so that you are always aware of the current T&Cs that apply to your visit to this Website. These T&Cs were last updated on January 23, 2015.

Newsletters Users and Article Sharers

You may register via MailChimp for a newsletter issued by Mondato via e-mail (the “Newsletter”). You may also send copies of the individual articles in the Newsletters  or on the Website to recipients (the “Articles”) of your choice via MailChimp or share these articles on third party social networking sites. If you give your permission, you may also receive targeted marketing and/or advertising messages.

You warrant that any data you to MailChimp for the purposes of registration for the Newsletter is not misleading, and is true and accurate and that any content or information you upload is free from viruses. You agree to notify us of any changes to the information you provide.

The information you provide upon registration for the Newsletter via MailChimp, namely your name, your e-mail address, the company for which you are currently employed, your newsletter interests, your industry, how you heard of Mondato, your country, your company position and whether you wish to receive promotions ad updates from Mondato and third parties (these last six items being voluntary), will only be used in accordance with the Mondato Privacy Policy as well as MailChimp’s Privacy Policy. The information you provide to send copies of the Articles to third parties via MailChimp, namely your e-mail address and your destined recipient’s e-mail address, will also only be used in accordance with the Mondato Privacy Policy and MailChimp’s Privacy Policy.

If you decide to share articles via third party websites, then you are leaving the Website and the information you provide is subject to the privacy policies of these third party websites.

You may unsubscribe from the Newsletter and/or from receiving targeted marketing and/or advertising messages by clicking on the “unsubscribe” hyperlink found on the bottom of each Newsletter and/or targeted marketing and/or advertising email following the procedure indicated, and we shall remove your email address from our Newsletter and/or targeted marketing and/or advertising databases within 48 hours.

Mondato Reports / Account Users

You may register on the website for access to our “Executive Briefing” reports free of charge (the “Free Reports”) as well as to purchase and access certain premium Mondato Reports for a fee on the Website (the “Premium Content”) or purchase analyst time (“Analyst Time”), thereby creating your own personal account (the “Account”). By registering, you also agree to receive emails from HIP Consult on the release of future Newsletters, Free Reports and Premium Content. If you give your permission, you may also receive targeted marketing and/or advertising messages from HIP Consult and / or sign up for the Newsletter. Please click here to view the terms and conditions of purchase of the Premium Content.

 
The information you provide upon purchase of Premium Content and/or Analyst Time, namely your name, your title, your company, your email address, your telephone number, your postal address (including ZIP, state, where relevant, and country), a credit or debit card number, the cardholder name, the expiry date of the credit or debit card, the billing address of the credit or debit card (including zip, state, where relevant, and country), the card type, and the cvc and the cardholder name, will only be used in accordance with the Mondato Privacy Policy. Further, all information provided upon registration for the Account and in order to access the Free Reports and/or Premium Content, namely your chosen username, your password, your name, your industry, your title, your role, your company, and your email address, will also only be used in accordance with the Mondato Privacy Policy. Access this policy under the tab “Privacy Policy” in the lower navigation bar of the Website. Note that payment will be made via Paypal, and you will be providing further information to Paypal to complete the transaction.

You warrant that any data you submit to the Website for the purposes of registration for the Account and/or for purchase of Premium Content and/or Analyst Time is not misleading, and is true and accurate and that any content or information you upload on the Website is free from viruses. You agree to notify us of any changes to the information you provide.

You may unsubscribe from the Free Report and Premium Content emails and/or from receiving targeted marketing and/or advertising messages by clicking on the “unsubscribe” hyperlink found at the bottom of each email and following the procedure indicated, and we shall remove your email address from our Free Report and/or Premium Content databases and/or targeted marketing and/or advertising databases within 48 hours.

You may close your Account, which provides access to Free Reports and Premium Content by sending an e-mail to support@hipconsult.com, and we will close your Account within 5 days upon receipt of such e-mail from you.

Webinars

You may be required to register via the Website to access Mondato webinars (“Webinars”). If you give your permission, you may also receive targeted marketing and/or advertising messages. Further, you may register via a link on the Website to participate in live Webinars through GoToWebinar, a third party provider.

You warrant that any data you submit to the Website for the purposes of registration for the Webinars is not misleading, and is true and accurate and that any content or information you upload on the Website is free from viruses. You agree to notify us of any changes to the information you provide.
The information you provide upon registration to access a Webinar on the Website, namely your name, your e-mail address, the company for which you are currently employed, the type of organization you currently work at, your title, your city and country, how you heard of the Webinar, whether you currently have a MFS offering and whether you wish to receive promotions and updates from Mondato and third parties (these last eight items being voluntary), will only be used in accordance with the Mondato Privacy Policy. If you register via a link on the Website to participate in live Webinars through GoToWebinar, then the information you provide, namely your name, your e-mail address, the company for which you are currently employed, the type of organization you currently work at, your title, the Webinar in which you will participate, your city and country, how you heard of the Webinar, whether you currently have a MFS offering and whether you wish to receive promotions and updates from Mondato and third parties (these last nine items being voluntary), will only be used in accordance with the GoToWebinar Privacy Policy and Mondato Privacy Policy.

Use of Interactive Areas

You or third parties may post comments in regards to Articles and other content (“Interactive Areas”). You are solely responsible for your own communications and postings, and the consequences of those communications and postings. Mondato does not represent or guarantee, or accept any liability in respect of, the truthfulness, accuracy or reliability of any material posted by you or others, nor does it endorse any opinions expressed by you or others. You acknowledge that any reliance on material posted by others will be entirely at your own risk. Mondato shall not be liable for any content or any information which may be posted by you or third parties on the Interactive Areas.

By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish throughout the Website any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is inappropriate, offensive, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• Content that, in the sole judgment of Mondato, is objectionable or inappropriate or which restricts or inhibits any other person from using the Interactive Areas or the Website, or which may expose Mondato or its users to any harm or liability of any type.

By contributing or submitting any Content to the Website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Mondato a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Mondato, its parent, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. You hereby agree to indemnify and hold harmless Mondato against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition or your communications or postings on or via the Interactive Area.

You retain all ownership rights to all Contents you publish on the Website. Mondato can however reproduce, publish and distribute all or portions of your Content online and offline and permit others to do the same. You can remove your Content from the Website at any time by sending an email to: contact@mondato.com; but if we have distributed your Content to others, we may be unable to require them to make the same changes. Further, if we have disassociated the Content from any User identifying information, we may not be able to remove such Content. Mondato reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time if Mondato deems, in its sole discretion, to violate the content guidelines or any other provision of these T&Cs. However, Mondato shall have no liability in respect of the exercise or non-exercise of such rights.

Any use of the Interactive Areas or other portions of the Website in violation of this Clause violates these T&Cs and may result in termination or suspension of your use of the Interactive Areas.

The information you provide in order to post and/ or contribute Contents to the Interactive Areas, namely your name and your e-mail address will only be used in accordance with the Mondato Privacy Policy.

Intellectual Property

The content provided on this Website (including the Webinars), via the Newsletter and via the Free Reports and Premium Content by Mondato and its licensors or suppliers (collectively, the “Mondato Content”) is and remains at all times the property of Mondato or such licensors or suppliers, with all rights other than those provided herein reserved. You acknowledge that Mondato and, where applicable, its third party suppliers, retain all right, title and interest in and to the Mondato Content. Use of the Website does not confer any ownership rights in or to the Mondato Content. No Mondato Content may be modified, copied, distributed, framed, linked to, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mondato’s prior written permission in each instance.

Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Mondato Content and to download or print a copy of any portion of the Mondato Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark and other proprietary notices intact. You may not upload or republish Mondato Content on any internet, intranet or extranet website or incorporate the information contained within the Mondato Content in any other database or compilation, and any other use of the Mondato Content is strictly prohibited. Such license is subject to these T&Cs and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Mondato Content other than as specifically authorized herein, without the prior written permission of Mondato, is strictly prohibited and shall immediately terminate your right to access and use this Website, the Newsletter and the Free Reports and/or the Premium Content and and all rights and licenses granted to you by these T&Cs. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Disclaimers

All or a portion of this Website, including the Webinars, may be temporarily unavailable from time to time for maintenance or other reasons. Neither Mondato nor its parent assume any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications, Content or Mondato Content. Neither Mondato nor its parent is responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website. Under no circumstances will Mondato and/or its parent be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website.

THE INFORMATION ON THE WEBSITE INCLUDING THE WEBINARS IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. THIS WEBSITE, THE CONTENT AND THE MONDATO CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONDATO, ITS PARENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

MONDATO, ITS PARENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT, INCLUDING THE WEBINARS, THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, NEITHER MONDATO NOR ITS PARENT MAKES ANY WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

USE OF THE WEBSITE INCLUDING THE WEBINARS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.

NEITHER MONDATO NOR ITS PARENT OR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE INCLUDING THE WEBINARS, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE INCLUDING THE WEBINARS, OR (3) INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY MONDATO OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.

NEITHER MONDATO NOR ITS PARENT OR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE INCLUDING THE WEBINARS AND/OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE INCLUDING THE WEBINARS, MONDATO CONTENT OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, THE MONDATO CONTENT, LINKED WEBSITE, OR SERVICES, AS APPLICABLE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold Mondato, its parent, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website, or any violation of these T&Cs or of any law or the rights of any third party.

Termination

Either Mondato or you may terminate your access and use of any part of the Website, Webinars, Free Reports and the Newsletters for any reason and at any time without prior notice. Mondato reserves the right to cease operating the Website, providing access to the Webinars, Free Reports and/or issuing the Newsletters at any time without notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website including the Webinars, the Newsletters, and/or the Free Reports. Any access and use of the Website including the Webinars, the Newsletters, and/or the Free Reports by you following termination shall be deemed to be subject to these T&Cs. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other.

General

Mondato may assign or transfer its rights under these T&Cs to a third party at any time. In such circumstances, the third party shall assume all of Mondato’s obligations and Mondato shall be relieved of any and all liability under these T&Cs. If any provision of these T&Cs is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these T&Cs shall not be affected. No third parties shall have any rights under these T&Cs.

Governing Law

Your access to and use of the Website including the Webinars, the Newsletters, the Premium Content and the Free Reports and the terms of these T&Cs are governed by the laws of the District of Colombia. The courts of the District of Colombia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs.

Miscellaneous

If any provision of these T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.

These T&Cs, the Mondato Privacy Policy, and the Terms and Conditions of Purchase of Premium Content represent the entire agreement between us relating to your right to access and use this Website, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.

No waiver by Mondato of any breach or default by you under these T&Cs shall be deemed to be a waiver of any preceding or subsequent breach or default.

No provision of these T&Cs provides any person or entity not a party to these T&Cs with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.

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