Terms of Purchase
These terms and conditions (the “T&Cs”) apply toindividuals who submit a request to purchase a report offered for sale by Mondato ("Mondato Reports"). Individuals who submit a request to license a copy of a Mondato Report are referred to in these T&Cs as a “Consumers.”
1. Definitions
The following terms, when capitalized, will have the following meanings in these T&Cs:
"Business Day" means a day, other than a Saturday, Sunday or a New York State bank holiday, when banks in the State of New York 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 the Mondato Reports.
"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 charge against in order to pay for the Mondato Reports.
“License” refers to the licensing of a Mondato Report from Mondato to a Consumer.
“Mondato” refers to Mondato LLC of 15 Loockerman Street, Dover, Delaware.
"Service Provider" is any company or companies engaged by Mondato or its contractors to provide services in connection with the Mondato Reports.
“Sales Tax” refers to a sales tax that may be charged to a Consumer in regards to a License, if applicable.
"Website" refers to the website available at www.mondato.com.
2. Interpretation Generally
In these T&Cs:
(i) words denoting the singular include the plural and vice versa;
(ii) 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;
(iii) any reference to a person includes his successors, personal representatives and permitted assigns; and
(iv) 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.
3. Provision of the Mondato Reports
Mondato will provide the Consumer with the Mondato Reports upon the terms of these T&Cs.
4. Eligible Consumers
In order to license a copy of a Mondato Report,
(i) the Consumer must have a postal mailing address and a valid and active e-mail address;
(ii) 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;
(iii) the Consumer’s mailing address must match the billing address for his/her Credit Card Account and/or Debit Card Account; and
(iv) the Consumer must be at least 18 years of age.
A Consumer may not be resident in any country against which the United States has currently imposed a trade embargo. Other restrictions may apply.
5. Provision and Verification of Information
Mondato obtains, verifies, and records information that identifies each Consumer. The details regarding this information are found in the Mondato Privacy Policy.
As part of the License, personally identifiable information about the Consumer will be required, such as a name, a postal address and an e-mail address that will help Mondato to identify the Consumer.
6. Paying for the Mondato Reports
A. Report Price
For each Mondato Report, a relevant License price (“Report Price”) will be indicated prior to purchase on the Website. This Report Price is exclusive of any applicable sales tax or other taxes. Sales Tax is charged where applicable. The Report Price may be changed by Mondato at any time. However, Mondato will never change a Report Price so as to affect the Report Price charged to the Consumer at time of License.
B. Payment Authorization
For each License, the Consumer authorizes Mondato (or any party authorized by Mondato) to debit from his/her Debit Card Account or charge against his/her Credit Card Account the Report Price and relevant tax. Whether the License is made by debit of a Debit Card Account or 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 Mondato accepts the License.
7. Receiving the Mondato Reports
The Mondato Reports will be delivered as a downloadable PDF file from the internet, through a link sent by e-mail to the Consumer. The Consumer may re-download each Mondato Report licensed for a limited time following purchase. Mondato accepts no responsibility for problems the Consumer may have in down-loading a Mondato Report, but will gladly deliver the Mondato Reports by some other means of Mondato’s choice, if so requested to.
8. 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 License, will be complete and accurate in all respects. Mondato is entitled to rely on any information the Consumer provides and the Consumer agrees to update his/her information if it changes. 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 License may be rejected. IF A CONSUMER PROVIDES FALSE INFORMATION, THE PURCHASE MAY BE CANCELLED. IN ADDITION, HE/SHE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
9. 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 support@mondato.com if the Consumer believes if any debit to his/her Debit Card Account and/or any charge to his/her Credit Card has been made relating to a License of a Mondato Report 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 if any further Licenses are purchased. The Consumer remains liable for all losses suffered prior to notification of such a loss, theft or unauthorized or erroneous use, debiting, and/or charging to Mondato. If Mondato is not notified by the Consumer of such a loss, theft or unauthorized or erroneous use, debiting, charging and/or transfer, 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.
10.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 Mondato Reports. These T&Cs were last updated on September 30, 2010.
11.Termination
Mondato may, without notice (except as required by law) and without liability to the Consumer, refuse to honor any instruction for a License at any time if: (a) the Consumerattempts to charge funds from a Debit Card Account or Credit Card Account that does not belong to the Consumeror from a Debit Card Account which does not have sufficient available funds, or if the Consumeris paying by credit card, there is an insufficient available line of credit; (b) the Consumer’sfinancial institution attempts to charge back or reverse a License on the basis of a dispute related to a License; (c) the Consumer provides incorrect or false information about him/herself, his/her Debit Card Account or Credit Card Account; (d) the Consumerattempts to tamper, hack, modify or otherwise corrupt the security or functionality of the Website; (e) Mondato receives conflicting claims regarding ownership of, or the right to withdraw funds from, a Debit Card Account or Credit Card Account; (f) the Consumerhas breached a term or condition of these T&Cs, or any representation or warranty that the Consumermakes under these T&Cs is false; or (g) Mondato believes that any License purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumeror Mondato to risk of loss.
12.Disclaimers
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, communications or Mondato Reports. 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 or players 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 a Mondato Report.
THE MONDATO REPORTS ARE PROVIDED TO YOU ON THE BASIS THAT THEY ARE INTENDED SOLELY FOR YOUR INTERNAL USE. THE MONDATO REPORTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONDATO AND OUR 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 FUNCTIONS CONTAINED IN ANY MONDATO REPORT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MONDATO REPORTS, THE SERVERS ON WHICH THEY 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.
13.Limitations of Liability
USE OF THE MONDATO REPORTS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO MONDATO REPORTS. NEITHER MONDATO NOR ANY OF OUR 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 A MONDATO REPORT, OR (2) ANY ERRORS IN OR OMISSIONS FROM A MONDATO REPORT, 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 ANY OF OUR 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 A MONDATO REPORT, 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.
14. Indemnification
You agree to indemnify and hold Mondato, 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 a Mondato Report, your conduct in connection with a Mondato Report, or any violation of these T&Cs or of any law or the rights of any third party.
15.Use of Information and Disclosure to Others
The Consumer agrees that any information about the Consumer, his/her Licenses, his/her Debit Card Account and/or Credit Card Account, that the Consumer provides or that Mondato otherwise receives in connection with the Mondato Reports may be provided to any party designated by Mondato to perform its obligations under these T&Cs, Mondato's Service Providers and parties working with those Service Providers in accordance with the Mondato Privacy Policy and as allowed by law. Mondato’s Privacy Policy is found on the Website under the link “Privacy Policy”.
16.Intellectual Property
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The Consumeracknowledges that the Mondato Reports, including but not limited to the content of the Mondato Reports, text, graphics, links, buttons, logos, and images, as well as all other Mondato copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Mondato (the "Mondato Intellectual Property"). The Consumeragrees not to display, use, copy, or modify the Mondato Intellectual Property in any manner. If the Consumer has purchased a “single user” License, the Consumeris authorized solely to view and retain a copy of the Mondato Report for the purposes of his/her own business or for his/her individual use.If the Consumer has purchased a “corporate user” License, then the Consumer is authorized, in addition to the rights of the “single user”, to distribute additional copies of the Mondato Report to persons within his/her company or organization. Those persons, by accepting a copy of the Mondato Report, agree to be subject to the terms of these T&Cs. The Consumer may use the Mondato Report as often as he/she likes subject to the other terms of these T&Cs. i. All ownership rights and intellectual property rights in the Mondato Report shall remain the sole property of Mondato. ii. A Consumer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Mondato Report, in whole or in part, except as is expressly permitted in these T&Cs. iii. 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. |
17.Assignment
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.
18. Miscellaneous
These T&Cs constitutes the entire agreement between the Consumer and Mondato regarding the Mondato Reports, and supersedes any prior agreements between the Consumer and Mondato to the extent that they might otherwise apply to the Mondato Reports.
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 State of New York without regard to its conflict of law provisions.
The Consumer agrees that the courts of the State of Delaware 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 the Mondato Reports 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 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.