MONDATO LLC SUMMIT VIDEOS  –

 TERMS AND CONDITIONS

 

These terms and conditions (the “T&Cs”) apply to individuals who purchase access to videos of previous Mondato Summits (“Summit Videos”) for a limited time via this Website.  

 

Individuals who submit a request to access Summit Videos are referred to in these T&Cs as “Consumers.”

 

1.    Definitions

 

The following terms, when capitalized, will have the following meanings in these T&Cs:

 

“Account” means an account a Consumer creates in order to access the Summit Videos via Tinypass.

 

"Business Day" means a day, other than a Saturday, Sunday or a District of Colombia 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 Tinypass and/or Mondato to charge against in order to pay for the Summit Videos. Mondato, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for accessing the Summit Videos.

 

"Debit Card Account" is a debit card account issued by an authorized credit institution that a Consumer authorizes Tinypass and/or Mondato to charge against in order to pay for access to the Summit Videos. Mondato, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for the Summit Videos.

 

“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 Summit Videos.

 

“Sales Tax” refers to a sales tax that may be charged to a Consumer in regards to Summit Videos, if applicable.

 

"Website" refers to the website available at http://www.mondatosummit.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/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.

 

3.    Provision of Summit Videos

 

Mondato will provide the Consumer with access to the Summit Videos upon the terms of these T&Cs.

 

4.    Eligible Consumers

 

 In order to obtain access to the Summit Videos via the Website,

 

(i)             the Consumer must provide information requested (as set out in the Mondato Summit Privacy Policy and any third party privacy policy) and have 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; and

 

(iii)          the Consumer must be at least 18 years of age.

 

A Consumer, whether or not he/she is purchasing access to the Summit Videos, 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 access to the Summit Videos. 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 Summit Privacy Policy.

As part of the access request, 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.

 

6.    Paying for Access to the Summit Videos

 

A. Price

In regards to each purchase of access to the Summit Videos, a relevant price (“Content Price”) will be indicated prior to purchase on the Website, with different prices being offered dependent on the length of the access required. 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 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 purchase.

B. Payment Authorization

 

To initiate payment for each purchase of access to the Summit Videos via the Website, the Consumer will be directed to Tinypass, 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 Tinypass, where relevant, will apply to the actual payment process.

 

In cases where the Customer makes payment via the Website, the Customer will provide Tinypass the data required in in his/her purchase request, and the Customer hereby expressly consents to disclosing such information to Tinypass. Further, Tinypass 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 Tinypass collecting, using, retaining and disclosing this information.

 

The Consumer also hereby authorizes Tinypass 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 access to the Summit Videos 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 on the Website and the Customer confirms and approves the transaction. The Customer will receive a receipt via email from Tinypass at the conclusion of the transaction.

 

7.    Accessing the Summit Videos

 

Customers may choose to purchase on-line access to the Summit Videos for varying lengths of time. The different duration options will be presented at the time of purchase. Each purchase of access will be limited to a certain time period, after which access will expire. Customers will have access to the Summit Videos on the Website by logging into their Account, as set up and provided by Tinypass. Mondato accepts no responsibility for problems the Consumer may have in accessing the Summit Videos but will attempt to find a solution (at Mondato’s discretion), if so requested to via the Customer’s Account.

 

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 purchase and all payment information, will be complete, accurate and up to date at all times. Mondato are 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 and/or by updating its Account. 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, access may not be provided to the Summit Videos. IF A CONSUMER PROVIDES FALSE INFORMATION, THE PURCHASE MAY BE CANCELLED. IN ADDITION, HE/SHE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

 

9.    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 access to the Summit Videos with a Credit Card and then subsequently requests his/her Credit Card issuer to reverse the payment for such a purchase, then Mondato shall be entitled to block the Consumer’s access to Summit Videos, by suspending online access to Summit Videos 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.

 

10. Refunds

 

Subject to applicable law, purchase of access to the Summit Videos 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 Summit Videos 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 or through his/her Account 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.

 

11. 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 or a message through its Account 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 access to the Summit Videos 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 purchases of access to the Summit Videos 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.

 

12. Customer Support

 

Mondato will provide the Consumer with customer service via email at contact@mondato.com and through the Customer’s Account to resolve any issues relating to his/her purchase of access to the Summit Videos and the processing of Credit Cards or Debit Cards.

 

13. 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 access to the Summit Videos.  These T&Cs were last updated on July 23, 2015.

 

14. 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 access to Summit Videos 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 access to the Summit Videos 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 Summit Video purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumer or Mondato to risk of loss.

 

15. 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 the Summit Videos. 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 materials in connection with the internet and/or in connection with the provision of the Summit Videos.

 

THE SUMMIT VIDEOS ARE PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE.  THE SUMMIT VIDEOS 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 THE SUMMIT VIDEOS WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SUMMIT VIDEOS, THE SERVERS ON WHICH THEY ARE 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 THE SUMMIT VIDEOS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SUMMIT VIDEOS, THE SERVERS ON WHICH THEY ARE 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.

 

16. Limitations of Liability

 

ACCESS TO AND USE OF THE SUMMIT VIDEOS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF, OR ACCESS TO THE SUMMIT VIDEOS.  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 THE SUMMIT VIDEOS, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE SUMMIT VIDEOS, 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 THE SUMMIT VIDEOS, 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.

 

17. Indemnification

 

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

 

18. Use of Information and Disclosure to Others

 

The Consumer agrees that any information about the Consumer, his/her Debit Card Account and/or Credit Card Account, that the Consumer provides or that Mondato otherwise receives in connection with the Summit Videos 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 Summit 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 access to the Summit Videos, including Tinypass, 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 Tinypass or any other third party provider, and the Consumer hereby expressly consents to Mondato to disclose such information to Tinypass or any other third party provider. Further, Tinypass or a third party provider may collect Information directly from Consumers via cookies or other means. The Consumer hereby expressly consents to Tinypass or a third party provider collecting, using, retaining and disclosing this information. This data will be held by Tinypass or any other third party provider only for the purpose of affecting the purchase as set out in Tinypass’ or that third party provider's privacy policy.

 

19. Intellectual Property

 

The Consumer acknowledges that the Summit Videos, including but not limited to the content of the Summit Videos, text, tables, 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 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 view the Summit Videos as often as he/she likes during the allotted duration subject to the other terms of these T&Cs.

i.    All ownership rights and intellectual property rights in the Mondato Intellectual Property 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 the Mondato Intellectual Property, in whole or in part, except as is expressly permitted in these T&Cs.

iii.  It is a condition of access that the Consumer preserve Mondato’s copyright notices as far as reasonably possible and at least once on every document.

 

20. 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.

 

21.  Miscellaneous

 

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

 

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 the Summit Videos 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.