Mondato Terms of Use


Mondato Terms and Conditions of Use of Website

This website ("Website") is operated by Mondato LLC (“Mondato” or "we"), whose registered address is 15 Loockerman Street, Dover, Delaware. 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 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 September 30, 2010.

Mondato Service

Mondato offers you, via the Website, access to a search engine portal (the “Mondato Service”) that provides information comparing a wide range of services available for transferring money worldwide.  These T&Cs apply to your use of the Mondato Service.


Newsletters Users

You may register on the Website for a newsletter issued by Mondato via e-mail (the “Newsletter”) as well as register to access archived Newsletters and additional materials. You may also send copies of the Newsletter and /or individual articles in the Newsletters to recipients of your choice.  If you give your permission, you may also receive targeted marketing and/or advertising messages.
You warrant that any data you submit to the Website for the purposes of registration for the Newsletter 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 for the Newsletter and to access archived Newsletters and additional materials, namely your name, your chosen Username and password, your e-mail address, your newsletter interests, the company for which you are currently employed and your company position (these last two items being voluntary), will only be used in accordance with the Mondato Privacy Policy.  The information you provide to send copies of the Newsletter to third parties, namely your name, your e-mail address and your destined recipient’s e-mail address will also only be used in accordance with the Mondato Privacy Policy. You can access this policy under the tab “Privacy Policy” in the lower navigation bar of the Website.

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.

You may close your account which provides access to archived Newsletters and additional materials by sending an e-mail to support@mondato.com, and we will close your account within 5 days upon receipt of such e-mail from you.

Corridor Alerts

You may register on the Website to obtain up-to-date information on particular transaction corridors via e-mail (the “Alerts”). If you give your permission, these Alerts may also contain targeted marketing and/or advertising messages.


You warrant that any data you submit to the Website for the purposes of registration for the Alerts 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, namely your name, your e-mail address and your transaction corridor preferences, will only be used in accordance with the Mondato Privacy Policy. You can access this policy under the tab “Privacy Policy” in the lower navigation bar of the Website.

You may unsubscribe from and/or modify the Alerts you receive by clicking on the “unsubscribe” and/or “manage your alerts” hyperlinks found on the bottom of each Alert and following the procedure indicated, and we shall modify the Alerts you receive and/or remove your email address from our Alert database within 48 hours.

Mondato Reports

You can access certain Mondato Reports free of charge (the “Free Reports”).


You can also purchase certain premium Mondato Reports for a fee. Please click here to view the terms and conditions of purchase of the Mondato Reports.

The information you provide upon purchase, namely your name, your postal address and your e-mail address, will only be used in accordance with the Mondato Privacy Policy. You can access this policy under the tab “Privacy Policy” in the lower navigation bar of the Website.

Use of Ratings and Other Interactive Areas
 

The Website may contain discussion forums, bulletin boards, review services, rating mechanisms or other forums in which you or third parties may post reviews and ratings of money transfer services ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. In particular, you shall be 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:
a.    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;
b.    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;
c.    Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d.    Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e.    Unsolicited promotions, political campaigning, advertising or solicitations;
f.    Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
g.    Viruses, corrupted data or other harmful, disruptive or destructive files;
h.    Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i.    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 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 Site 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.
Intellectual Property

The content provided on this Website, via the Mondato Service, via the Newsletter, via the Alerts, and via the Free Reports by Mondato and its licensors or suppliers (collectively, the “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 Content.  Use of the Website does not confer any ownership rights in or to the Content. No 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 Content and to download or print a copy of any portion of the 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 Content on any internet, intranet or extranet website or incorporate the information contained within the Content in any other database or compilation, and any other use of the 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 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 Mondato Service, the Newsletter, the Alerts, and the Free Reports 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 may be temporarily unavailable from time to time for maintenance or other reasons.  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 Content.  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 the Website.  Under no circumstances will Mondato 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 IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE.  THIS WEBSITE AND THE 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 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 THE WEBSITE OR ANY SERVICES OR CONTENT 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, MONDATO MAKES NO 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 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 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 ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, 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 THIS WEBSITE 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 OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE 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 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, the Newsletters, the Alerts and the Mondato Service for any reason and at any time without prior notice. Mondato reserves the right to cease operating the Website and/or the Mondato Service and/or issuing the Newsletters and/or Alerts 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, the Newsletters, the Alerts, the Free Reports and/or the Mondato Service. Any access and use of the Website, the Newsletters, the Alerts, the Free Reports and/or the Mondato Service 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


The user's access to and use of the Website, the Mondato Service, the Alerts and the Newsletters, and the terms of these T&Cs are governed by the laws of the State of New York. 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.

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 the Mondato Reports 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.

This website ("Website") is operated by Mondato LLC ("Mondato"), whose registered address is 15 Loockerman Street, Dover, Delaware  Mondato is registered in the State of Delaware. Access is provided only in accordance with the following T&Cs. By using this Website, you signify your acceptance of these T&Cs. These T&Cs are subject to change from time to time. Changes will be posted on this Website and your continued use of the Website following any such posting will be deemed to be acceptance of those changes.




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