Terms of Use

TERMS OF USE

Effective:  January 1, 2022

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES ARE SUBJECT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.  

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 14 BELOW TO LEARN MORE.

1. Introduction.  Please read this Terms of Use Agreement (“Terms of Use”) carefully, as it constitutes a legally binding contract between you and Monte Carlo Data, Inc. and/or its affiliates (“Monte Carlo” or “we” or “us”) governing your use of Monte Carlo’s owned and/or operated websites (including www.montecarlodata.com) and any other online services that link to these Terms Of Use (collectively, the “Service(s)”). Your access and use of the Services and all Content contained and/or made available on, through or in connection therewith, whether as a visitor or as a registered user, is subject to these Terms of Use. The term “Content” includes, without limitation, all documentation, guides, charts, articles, blog posts, text, data, metrics, reports, processes, images, graphics, logos, copy, computer code (including source code or object code), visual interfaces, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein.  Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

These Terms of Use apply to all users of the Services (“User”, “you” or “your”), and by accessing or using any of the Services, you confirm that you have read and agreed to all terms and conditions of these Terms of Use, the Monte Carlo privacy policy (“Privacy Policy”), and any additional terms and conditions that we provide to you, including in connection with your use of other products and services we may offer or make available to you (“Additional Terms”), all of which are incorporated herein by reference.   Any capitalized terms that are not defined in these Terms of Use shall have the meanings ascribed in the Privacy Policy and Additional Terms, as applicable.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms govern with respect to your access to or use of the applicable Service(s).  

If you have any questions, comments, or concerns regarding these Terms of Use or the Services, please contact us at info@montecarlodata.com.  

2. Eligibility. By agreeing to these Terms of Use, you represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Services; and (iii) your use Services shall comply with any and all applicable laws and regulations.

3. Services.

4. Changes to these Terms of Use.  We may revise and update these Terms of Use from time to time, and at any time, in our sole discretion.  If we make material changes to these Terms of Use, we will notify you by posting or displaying a notice on the Services and/or via other electronic means.  The form of such notice is at our discretion.  Once we post or make them available, these changes become effective immediately and if you use the Services after they become effective, it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

5. Modification/Suspension/Discontinuation.  We reserve the right to modify, suspend, or discontinue, temporarily or permanently, all or any aspect of the Services, including the availability thereof, and/or suspend or discontinue access to all or any Content, with respect to any or all Users.  We may, with respect to any or all Users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, product features and functionality, pricing, and advertisements.  You agree that we may do any of the foregoing at our sole and absolute discretion at any time without notice to you, except to the extent expressly and specifically stated otherwise herein.  You also agree that we will not be liable to you for any modification, suspension, unavailability, or discontinuance of the Services.  

6. User Conduct.  You may use the Services only for lawful purposes and in accordance with these Terms of Use.  You are solely responsible for your conduct when using the Services.  You represent, warrant and agree that, while using the Services, you shall not:

a) Engage in or encourage conduct that would in any way that violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Monte Carlo or of any third party;

b) Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;

c) Modify, translate, reverse engineer, decompile or disassemble, or attempt to discover or obtain the source code, object code or underlying structure, ideas or algorithms of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so;

d) Submit, post, email, display, transmit or otherwise make available through the Services any content or take any action that is or is likely to be defamatory, libelous, harassing, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, deceptive, hateful, racist, discriminatory, inflammatory, or otherwise objectionable as determined in Monte Carlo’s sole discretion.

e) Use any robot, spider, site search/retrieval application or other manual or automatic means to access, copy, retrieve, harvest, index, “scrape,” “data mine” or in any way gather data from the Services (or any portion thereof, including both data and metadata);

f) Use any device, software or routine that interferes with the proper working of the Services or introduce any viruses, Trojan horses, worms, logic bombs or other material which is designed to interrupt, impair, destroy, limit, or otherwise harm the functionality of any computer software or hardware or telecommunications equipment;

g) Use the Services for commercial or business purposes, including engaging in advertising, marketing or offering goods or services or exploiting Content obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service.

7. Proprietary Rights

a) Ownership. Unless otherwise provided in these Terms of Use or otherwise indicated on the Services, Monte Carlo or its licensors own, solely and exclusively, all right, title and interest in and to the Services and all Content. The Content is protected, without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, rules, regulations and treaties.  In addition, the compilation (meaning the collection, arrangement, and assembly) of any and all Content is the exclusive property of Monte Carlo or its licensors and is protected without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, rules, regulations and treaties.  Unauthorized download, display, or other use of the Content may violate these laws and/or applicable communications regulations, statutes, and is strictly prohibited without prior written consent of Monte Carlo. 

b) Restrictions. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you display or reproduce from the Services. Except as expressly authorized by Monte Carlo in writing, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Content without the express, prior written consent of Monte Carlo. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. 

8. User Accounts.  In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the applicable Services, whether on a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (b) provide to us and/or make available certain additional information, which may include your email address, legal name, country of residence, location, date of birth, and other information (collectively, a “User Account”).  

Your User Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a User Account. You are responsible for maintaining the confidentiality and security of your User Credentials, and you shall be solely responsible and liable for the activity that occurs on your User Account.  You agree to notify us immediately of any unauthorized access to or use of your User Credentials or any other breach of security.  

Monte Carlo may terminate any User Account and/or otherwise prevent or prohibit a User from accessing the Services at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If you discover another User using the Services in a manner contrary to these Terms of Use please contact: support@montecarlodata.com.

9. Third Party Services. The Services may include links to or otherwise allow you to access URLs, hyperlinks, websites, services, content or materials not owned or maintained by Monte Carlo, including Third Party Platforms (collectively, “Third Party Services”). Monte Carlo does not endorse or have any responsibility for the use, operation and/or availability of any Third Party Services and makes no representations or warranties with respect to Third Party Services or providers of Third Party Services. You are responsible for procuring any and all rights necessary to access Third Party Services and for complying with any such Third Party Service’s applicable terms, conditions and policies. Complaints, claims, concerns, or questions regarding your use of any Third Party Service should be directed to the applicable Third Party Service.

10. Assignment. These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Monte Carlo without restriction and without notice to you.

11. Indemnity. You agree to defend, indemnify and hold the Monte Carlo, its parent company and affiliates, and each of their respective successors, assigns, officers, directors, employees, consultants, subsidiaries and agents (collectively, the “Monte Carlo Parties“) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your access to or use of the Services, (b) your breach or violation these Terms of Use, or any applicable law or regulation, or (c) any disputes or issues between you and any third party. Monte Carlo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

12. Disclaimer; No Warranties.

THE SERVICES AND ALL OTHER PRODUCTS, SERVICES AND CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MONTE CARLO ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT APPEARING ON THE SERVICES. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE MONTE CARLO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability. IN NO EVENT SHALL THE MONTE CARLO PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES, CONTENT, OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT THE MONTE CARLO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Binding Arbitration and Class Action Waiver. DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. Neither you nor Monte Carlo will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and Monte Carlo agree to arbitrate, as provided below, all disputes between you (including any related disputes involving Monte Carlo, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services or these Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Monte Carlo empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms of Use are void or voidable.

In the event of a dispute, you or Monte Carlo must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Monte Carlo at 548 Market Street, PMB 59994, San Francisco, CA 94104, USA, Attention: Legal Department. We will send any notice of dispute to you at the contact information we have for you. You and Monte Carlo will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Monte Carlo do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in San Francisco, California, provided, however, that if circumstances prevent you from traveling to California, JAMS may hold an in-person hearing in your hometown area. You and Monte Carlo agree to submit to the exclusive jurisdiction of the State and Federal Courts situated in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

In accordance with the JAMS Rules, the party initiating the arbitration (either you or Monte Carlo) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.

Except as provided above with respect to jurisdiction in San Francisco, California, nothing in this arbitration provision shall be construed as consent by Monte Carlo to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or these Terms of Use.

15. Governing Law. These Terms of Use and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in California. To the extent that the arbitration provision outlined in Section 14 is not applicable (e.g., when confirming an arbitration award), you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the San Francisco, California and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

16. Miscellaneous. These Terms of Use, the Privacy Policy, and any Additional Terms are the entire understanding and agreement between you and Monte Carlo concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.  Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Monte Carlo to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.

These Terms of Use were last modified on the date indicated above.

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