MONDATO LLC PREMIUM CONTENT – TERMS AND CONDITIONS
These terms and conditions (the “T&Cs”) apply to individuals who submit a request to purchase or access premium content, including individual publications and monthly and trial subscription access to online web-based tools and/or publications offered for sale by Mondato LLC (“Premium Content”) and/or analyst time (“Analyst Time”) via this Website or by other means, including by bank transfer or payment by check.
Individuals who submit a request to license or access a copy of Premium Content (either on a standalone or subscription basis) and those who submit a request to purchase Analyst Time are referred to in these T&Cs as “Consumers.”
The following terms, when capitalized, will have the following meanings in these T&Cs:
“Account” means an account a Consumer creates (i) prior to purchasing subscription access to online web-based tools and/or publications or (ii) in order to access Premium Content.
“Business Day” means a day, other than a Saturday, Sunday or a District of Colombia bank holiday, when banks in the District of Colombia are open for business to the public.
“Credit Card Account” is a credit card account related to the VISA credit card, MasterCard credit card or any other credit card issued by an authorized financial institution that a Consumer authorizes Mondato (and any party authorized by Mondato) to charge against in order to pay for Premium Content and/or Analyst Time. Mondato, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for Premium Content and Analyst Time.
“Debit Card Account” is a debit card account issued by an authorized credit institution that a Consumer authorizes Mondato (and any party authorized by Mondato) to debit in order to pay for Premium Content and/or Analyst Time. Mondato, in its sole discretion, may determine, from time to time, which types of debit cards it accepts as payment methods for Premium Content and/or Analyst Time.
“Enterprise-Wide License” refers to the licensing of Premium Content from Mondato to all employees of the purchasing company, purchased by one Consumer.
“License” refers to the licensing of Premium Content from Mondato to a Consumer.
“Mondato” refers to Mondato LLC of 15 Loockerman Street, Dover, Delaware.
“Multi-User License” refers to the licensing of Premium Content from Mondato to up to 5 separate individuals, purchased by one Consumer.
“Service Provider” is any company or companies engaged by Mondato or its contractors to provide services in connection with Premium Content and Analyst Time.
“Single-User License” refers to the licensing of Premium Content from Mondato to one Consumer.
“Sales Tax” refers to a sales tax that may be charged to a Consumer in regards to Premium Content and Analyst Time, if applicable.
“Website” refers to the website available at http://www.mondato.com.
- Interpretation Generally
In these T&Cs:
words denoting the singular include the plural and vice versa;
in construing these T&Cs general words introduced by the word “other” shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words and any reference to the word “include” or “including” is to be construed without limitation;
any reference to a person includes his/her successors, personal representatives and permitted assigns; and
if any action or duty to be taken or performed under any of the provisions of these T&Cs would fall to be taken or performed on a day which is not a Business Day such action or duty shall be taken or performed on the Business Day next following such day.
Provision of Premium Content and Analyst Time
Mondato will provide the Consumer with Premium Content and Analyst Time upon the terms of these T&Cs.
- Eligible Consumers
In order to obtain a License to Premium Content via the Website,
the Consumer must have a valid Credit Card Account and/or Debit Card Account and must be authorized to use this Credit Card Account and/or Debit Card Account; and
the Consumer must be at least 18 years of age.
A Consumer, whether or not he/she is purchasing Premium Content and/or Analyst Time via the Website or other means, may not be resident in any country against which the United States has currently imposed a trade embargo. The Consumer must have full authorization to conclude the purchase of Premium Content and/or Analyst Time. Other restrictions may apply.
- Provision and Verification of Information
As part of the License, personally identifiable information about the Consumer will be required, such as a name and an e-mail address that will help Mondato to identify the Consumer.
Paying for Premium Content and Analyst Time
For each sale of Premium Content, whether purchased as a Single User License, a Multi-User License or an Enterprise-Wide License or for subscription access, a relevant License price (“Content Price”) will be indicated prior to purchase on the Website. This Content Price is exclusive of any applicable sales tax or other taxes. Sales Tax is charged where applicable. The Consumer acknowledges that he/she is to pay Sales Tax and any taxes or similar applicable charges associated with his/her purchase and assume all risks, liabilities or responsibilities in connection with said statutory payments and/or any variation in the rates thereof.
For each sale of Analyst Time, a relevant hourly price (“Analyst Time Price”) will be indicated prior to purchase on the Website. This Analyst Time Price is exclusive of any applicable sales tax or other taxes. Sales Tax is charged where applicable. The Consumer acknowledges that he/she is to pay Sales Tax and any taxes or similar applicable charges associated with his/her purchase and assume all risks, liabilities or responsibilities in connection with said statutory payments and/or any variation in the rates thereof.
The Content Price and Analyst Time Price are charged in accordance with the currency specified by Mondato. The Customer acknowledges that he/she is to assume all risks, liabilities or responsibilities associated with any fluctuations in exchange rates.
The Content Price and Analyst Time Price may be changed by Mondato at any time. However, Mondato will never change a Content Price so as to affect the Content Price charged to the Consumer at time of License, nor will Mondato change the Analyst Time Price so as to affect the Analyst Time Price charged to the consumer at the time of purchase.
In regards to subscription access to online web-based tools and/or publications only, if the Content Price changes during the course of the subscription, the Consumer will be notified of this price change in advance by e-mail, with the price change becoming effective in the next billing cycle. The Consumer can cancel the subscription with no penalty prior to the price change entering into effect by sending an email to email@example.com at least 3 Business Days before the next billing cycle.
- Payment Authorization
In cases where the Customer makes payment via the Website, Mondato will provide PayPal the data inputted or provided by the Customer in his/her purchase request, and the Customer hereby expressly consents to Mondato disclosing such information to PayPal. Further, PayPal may collect information directly from Customer via cookies or other means if the Customer is paying through the Website. The Customer hereby expressly consents to PayPal collecting, using, retaining and disclosing this information.
The Consumer also hereby authorizes PayPal to debit from his/her Debit Card Account or charge against his/her Credit Card Account the Content Price and/or Analyst Time Price and the relevant Sales Tax. Whether the purchase is made by debit of a Debit Card Account or by a charge on a Credit Card Account, the funds or credit, as applicable, must be available in the Debit Card or Credit Card Account. If paying by Credit Card Account, the Credit Card Account will be charged as soon as the Customer’s payment details are entered on the Website for purchase of the Premium Content and/or Analyst Time and the Customer confirms and approves the transaction. If paying by Debit Card Account, the Debit Card Account will be debited as soon as the Customer’s payment details are entered for purchase of the Premium Content on the Website and the Customer confirms and approves the transaction. The Customer will receive a receipt via email at the conclusion of the transaction.
In regards to Premium Content that will be accessed continually on the Website through a Consumer’s Account on monthly basis, such as subscription access to online web-based tools and/or publication, the Consumer will follow the same payment process as set out above for the first payment. If the Consumer has elected for a monthly subscription, PayPal will store the Consumer’s payment details, and Mondato will charge the Consumer the Content Price plus any relevant Sales Taxes (the “Charge”) on a monthly basis every 30 days on each predetermined calendar date after the initial Charge, until the Consumer indicates that he/ she wishes to cancel the subscription. Mondato will notify the Consumer by email at least 10 days before the Charge is processed of the amount and date of the Charge. The Consumer hereby provides consent to be billed on a recurring basis. If a Consumer wishes to cancel a subscription, he/she must inform Mondato in writing via email to firstname.lastname@example.org, and this cancellation will have effect at the commencement of the next 30-day billing cycle, as long as the email is received at least 3 Business Days prior to the Charge date. The Customer will receive a receipt via email at the conclusion of each monthly transaction.
- Receiving Premium Content
Individual publications will be delivered as a downloadable PDF files from the Website, which can be accessed via the username and password provided to the Consumer by email after the purchase. If a Multi-User License or an Enterprise-Wide License is purchased, the Consumer that made the purchase may forward the email containing the link to the Premium Content on the Website to the eligible users (“Users”) as per the License type, and after registration by each User for an Account, they will be able to access the downloadable PDF files. The purchase of a Multi-User License allows up to five individuals to create an Account and access the Premium Content. The purchase of an Enterprise-Wide License allows an unlimited number of individuals who are employees of the purchasing entity to create an Account and access the Premium Content.
Mondato accepts no responsibility for problems the Consumer or the Users may have in accessing and opening the individual publication, but will deliver the individual publication by some other means of Mondato’s choice, if so requested to.
For subscription access to online web-based tools and/or publications, Customer may choose to purchase a trial License or a monthly License. The trial License will be limited to a certain time period, after which access will expire. Monthly Licenses will automatically be renewed on a monthly basis until the Consumer has indicated he/she wishes to cancel the subscription as set out in Clause 6. For both types of subscription access, Customers will have access to web based tools and publications on the Website by logging into their Account. Mondato accepts no responsibility for problems the Consumer may have in accessing Premium Content but will gladly deliver the tools and publications by some other means of Mondato’s choice, if so requested to.
- Using Analyst Time
When purchasing a Multi User License or an Enterprise-Wide License, the Consumer will be provided with a certain amount of free Analyst Time to be provided via telephone. The amount of time provided will be indicated in the transaction confirmation email sent to the Consumer after purchase. A member of the Mondato Team will contact the Consumer directly to arrange an appointment for the telephone call with one of Mondato’s qualified analysts.
If a Consumer purchases Analyst Time or additional Analyst Time (beyond any free Analyst Time provided with the purchase of Premium Content), a member of the Mondato Team will contact the Consumer directly to arrange an appointment for the telephone call with one of Mondato’s qualified analysts.
- Consumer’s Obligation to Provide Complete and Accurate Information
The Consumer represents and warrants that all information he/she has provided to Mondato, including but not limited to all data entered in connection with any purchase and all payment information, will be complete, accurate and up to date at all times. Mondato is entitled to rely on any information the Consumer provides and the Consumer agrees to update his/her information if it changes by sending an email to email@example.com. The Consumer acknowledges that if, for any reason, the information provided by him/her is inaccurate, invalid or incorrect, Mondato shall, nonetheless, be entitled to continue to charge/debit the relevant Credit Card or Debit Card and that the Consumer shall be responsible for any outstanding, uncollected amounts as well as all charges and expenses incurred as a result of said charge/debit.
Mondato also reserves the right to take steps to verify the information provided by the Consumer, although it is not required to do so. If Mondato is unable to verify the information provided by the Consumer, the may not be issued. IF A CONSUMER PROVIDES FALSE INFORMATION, THE PURCHASE MAY BE CANCELLED. IN ADDITION, HE/SHE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
- Cost of Collection and Credit Card Chargebacks
The Consumer undertakes to indemnify Mondato for all reasonable costs and expense incurred by it in its efforts to collect any unpaid or past due amounts, including, but not limited to, reasonable attorneys’ fees and other associated costs. Delinquent payments shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the due date for payment and until payment is received by Mondato in full. In addition, the Consumer acknowledges and agrees that in case he/she purchases Premium Content and/or Analyst Time with a Credit Card and then subsequently requests his/her Credit Card issuer to reverse the payment for such Premium Content and/or Analyst Time, then Mondato shall be entitled to block the Consumer’s access to Premium Content (if applicable), by revoking the license for Premium Content or suspending online subscription access to Premium Content or cancelling any Analyst Time appointment until such time as the Consumer reimburses Mondato the amount of the fees Mondato is charged by the Credit Card issuer for such a chargeback.
Subject to applicable law, Premium Content and/or Analyst Time is nonrefundable.
Mondato reserves the right to refuse any request for refund if it reasonably believes that the Consumer is in breach of any of these or other terms and conditions applicable to the use of Premium Content and/or Analyst Time or he/she is willfully trying to exploit this refund policy. If the Consumer believes that Mondato has mischarged or mis-debited him/her, he/she may contact Mondato at firstname.lastname@example.org within 60 days of said charge/debit, and Mondato will check the inquiry. No refunds shall be given for any charges after the passage of 60 days.
- Consumer Liability
The Consumer agrees to review and verify regularly and promptly all disclosures and respective debits for payment thereof from his/her Debit Card Account and charges against his/her Credit Card, on the statements the Consumer receives from the financial institution holding his/her Debit Card Account or issuing his/her Credit Card.
The User must contact Mondato AT ONCE by sending an email to email@example.com if the Consumer believes if any debit of his/her Debit Card Account and/or any charge to his/her Credit Card has been made relating to the purchase of Premium Content and/or Analyst Time that is erroneous or unauthorized.
If the Consumer informs Mondato within four Business Days of becoming aware of (i) the unauthorized or erroneous debiting of his/her Debit Card Account, and/or (ii) the unauthorized or erroneous charging of his/her Credit Card Account, Mondato will refund the Consumer for any further Licenses purchased or any further purchases of Analyst Time with that Debit Card or Credit Card. The Consumer remains liable for all losses suffered prior to notification to Mondato of such a loss, theft or unauthorized or erroneous use, debiting, and/or charging. If Mondato is not notified by the Consumer of such a loss, theft or unauthorized or erroneous use, debiting, charging and/or transfer within the four Business Days period indicated above, then Mondato is not liable for any losses suffered by the Consumer. This provision does not cover any losses suffered by the Consumer due to any fraud committed by any Mondato employee.
- Customer Support
Mondato will provide the Consumer with customer service via email at firstname.lastname@example.org to resolve any issues relating to his/her purchase of Premium Content and the processing of Credit Cards or Debit Cards.
- Modification in Terms Notice
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 purchase of Premium Content. These T&Cs were last updated on January 23, 2015.
Mondato may, without notice (except as required by law) and without liability to the Consumer, refuse to honor any instruction for the purchase of Premium Content and/or Analyst Time at any time if:
- the Consumer attempts to charge/debit funds from a Debit Card Account or Credit Card Account that does not belong to the Consumer or from a Debit Card Account which does not have sufficient available funds, or if the Consumer is paying by Credit Card, there is an insufficient available line of credit;
- the Consumer’s financial institution attempts to charge back or reverse a purchase of Premium Content and/or Analyst Time on the basis of a dispute related to a purchase;
- the Consumer provides incorrect or false information about him/herself, his/her Debit Card Account or Credit Card Account;
- the Consumer attempts to tamper, hack, modify or otherwise corrupt the security or functionality of the Website;
- Mondato receives conflicting claims regarding ownership of, or the right to withdraw funds from, a Debit Card Account or Credit Card Account;
- the Consumer has breached a term or condition of these T&Cs, or any representation or warranty that the Consumer makes under these T&Cs is false; or
Mondato believes that any Premium Content and/or Analyst Time purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumer or Mondato to risk of loss.
Mondato assumes no 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, or communication of Premium Content and/or Analyst Time. Mondato is also not 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 Premium Content and/or provision of Analyst Time.
PREMIUM CONTENT AND ANALYST TIME ARE PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. PREMIUM CONTENT AND ANALYST TIME 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 OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE INFORMATION CONTAINED IN ANY PREMIUM CONTENT AND ANALYST TIME WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PREMIUM CONTENT AND ANALYST TIME, THE SERVERS ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER MONDATO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE ONLINE ACCESS TO ANY PREMIUM CONTENT TIME WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PREMIUM CONTENT, THE SERVERS ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
- Limitations of Liability
USE OF PREMIUM CONTENT AND ANALYST TIME IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO PREMIUM CONTENT AND ANALYST TIME. 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 IN PREMIUM CONTENT AND/OR ANALYST TIME, OR (2) ANY ERRORS IN OR OMISSIONS FROM PREMIUM CONTENT AND/OR ANALYST TIME, 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 PREMIUM CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
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.
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 Premium Content and/or Analyst Time, or any violation of these T&Cs or of any law or the rights of any third party.
- Use of Information and Disclosure to Others
- Intellectual Property
The Consumer acknowledges that Premium Content, including but not limited to the content of Premium Content, text, tables, graphics, links, buttons, logos, and images, as well as all other Mondato copyrights, trademarks, service marks, logos, and product and service names and information provided during an Analyst Time session are owned exclusively by Mondato (the “Mondato Intellectual Property”). The Consumer agrees not to display, use, copy, or modify the Mondato Intellectual Property in any manner.
The Consumer is authorized solely to view and retain a copy of the Mondato Intellectual Property for the purposes of his/her own business or for his/her individual use.
The Consumer may use the Premium Content and the information provided during an Analyst Time session as often as he/she likes subject to the other terms of these T&Cs.
- All ownership rights and intellectual property rights in the Mondato Intellectual Property shall remain the sole property of Mondato.
- A Consumer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Mondato Intellectual Property, in whole or in part, except as is expressly permitted in these T&Cs.
It is a condition of the License that the Consumer preserve Mondato’s copyright notices as far as reasonably possible and at least once on every document.
The Consumer may not assign these T&Cs to any other party. Mondato may assign these T&Cs or delegate certain of its rights and responsibilities under these T&Cs to third parties without notice to the Consumer.
These T&Cs constitutes the entire agreement between the Consumer and Mondato regarding Premium Content and Analyst Time and supersedes any prior agreements between the Consumer and Mondato to the extent that they might otherwise apply to Premium Content and Analyst Time.
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 and the relationship between the Consumer and Mondato shall be governed by and construed in accordance with the laws of the District of Colombia without regard to its conflict of law provisions.
The Consumer agrees that 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 and for such purposes irrevocably submits to the jurisdiction of such courts.
The Consumer agrees that to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to Premium Content, Analyst Time or these T&Cs must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
No waiver by Mondato of any breach or default by the Consumer 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.