MONDATO LLC PREMIUM CONTENT - TERMS AND CONDITIONS

These terms and conditions (the “T&Cs”) apply to individuals who submit a request to purchase premium content, including individual publications and any monthly and trial subscription access to online web-based tools and/or publications (if available), offered for sale by Mondato LLC ("Premium Content") 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) are referred to in these T&Cs as “Consumers.””

Definitions

“Account” means an account a Consumer creates prior to purchasing subscription access to online web-based tools and/or publications.

"Business Day" means a day, other than a Saturday, Sunday or a District of Columbia bank holiday, when banks in the District of Columbia 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. Mondato, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for Premium Content.

"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. Mondato, in its sole discretion, may determine, from time to time, which types of debit cards it accepts as payment methods for Premium Content.

“Enterprise License” refers to the licensing of Premium Content from Mondato to up to 5 separate individuals, purchased by one Consumer.

“License” refers to the licensing of Premium Content from Mondato to a Consumer. Consumers may purchase a Single User License, a Multi User License or an Enterprise License.

“Multi User License” refers to the licensing of Premium Content from Mondato to all employees of the purchasing company, purchased by one Consumer.

“Mondato” refers to Mondato LLC of 15 Loockerman Street, Dover, Delaware.

“Single User License” refers to the licensing of Premium Content from Mondato to one Consumer.

"Service Provider" is any company or companies engaged by Mondato or its contractors to provide services in connection with Premium Content.

"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, 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
(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.

Provision of Premium Content

Mondato will provide the Consumer with Premium Content upon the terms of these T&Cs.

Eligible Consumers

In order to obtain a License to Premium Content via the Website,

the Consumer must provide information requested (as set out in the Mondato Privacy Policy) and have a valid and active e-mail address;
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 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. Other restrictions may apply.

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 and an e-mail address that will help Mondato to identify the Consumer.

Paying for Premium Content

Content Price

For each sale of Premium Content, whether purchased as a Single User License, a Multi User License or an Enterprise 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.

The Content Price is 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 can 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.

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 contact@mondato.com at least 3 Business Days before the next billing cycle.

Payment Authorization

To initiate payment for each purchase of Premium Content via the Website, the Consumer will be directed to Stripe, a secure, third party website for payment, which is processing Mondato’s Credit Card and Debit Card transactions. The terms and conditions and privacy policy of Stripe, where relevant, will apply to the actual payment process.

In cases where the Customer makes payment via the Website, Mondato will provide Stripe 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 Stripe. Further, Stripe 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 Stripe collecting, using, retaining and disclosing this information.

The Consumer also hereby authorizes Stripe to debit from his/her Debit Card Account or charge against his/her Credit Card Account the Content 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 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, Stripe 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 contact@mondato.com, 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 downloadable PDF files from the Website. If a Multi User License or an Enterprise License is purchased, the Consumer that has made the purchase may forward the downloadable PDF files of the Premium Content to the eligible users as per the License type. The purchase of a Multi User License allows up to five individuals to access the Premium Content. The purchase of an Enterprise License allows an unlimited number individuals who are employees of the purchasing entity to 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 gladly 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.

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 contact@mondato.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 Premium Content may not be provided. 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 with a Credit Card and then subsequently requests his/her Credit Card issuer to reverse the payment for such Premium Content, 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 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.

Refunds

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 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 contact@mondato.com 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 contact@mondato.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 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 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 contact@mondato.com 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 April 20, 2016.

Termination

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 at any time if: (a) 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; (b) the Consumer’s financial institution attempts to charge back or reverse a purchase of Premium Content on the basis of a dispute related to a purchase; (c) the Consumer provides incorrect or false information about him/herself, his/her Debit Card Account or Credit Card Account; (d) the Consumer attempts 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 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 (g) Mondato believes that any Premium Content purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumer or Mondato to risk of loss.

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, or communication of Premium 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 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.

PPREMIUM CONTENT IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. PREMIUM CONTENT IS 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 INFORMATION CONTAINED IN ANY PREMIUM CONTENT WILL BE 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. FURTHER MONDATO, ITS PARENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE ONLINE ACCESS TO ANY PREMIUM CONTENT 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 IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO PREMIUM CONTENT. 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, OR (2) ANY ERRORS IN OR OMISSIONS FROM PREMIUM CONTENT, 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.

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 Premium Content, 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

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 Premium Content 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.

In particular, Mondato may share such information with third party Service Providers including financial institutions and other independent contractors that Mondato partners with that allow the Consumer to purchase Premium Content, including Stripe, which is processing Mondato’s Credit Card and Debit Card transactions. In this case Mondato will only provide the data inputted by the Consumer in his/her purchase request to Stripe or any other third party provider, and the Consumer hereby expressly consents to Mondato to disclose such information to Stripe or any other third party provider. Further, Stripe or a third party provider may collect Information directly from Consumers via cookies or other means. The Consumer hereby expressly consents to Stripe or a third party provider collecting, using, retaining and disclosing this information. This data will be held by Stripe or any other third party provider only for the purpose of affecting the purchase as set out in Stripe’s or that third party provider's privacy policy.

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, 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 individual use. The Consumer may use the Premium Content 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.

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..

Miscellaneous

These T&Cs constitutes the entire agreement between the Consumer and Mondato regarding Premium Content and supersedes any prior agreements between the Consumer and Mondato to the extent that they might otherwise apply to Premium Content.

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 Columbia without regard to its conflict of law provisions.

The Consumer agrees that the courts of the District of Columbia 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 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.

Premium Content Terms & Conditions

MONDATO LLC PREMIUM CONTENT - TERMS AND CONDITIONS

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