Website Terms & Conditions

Welcome to the Monetate website (the “Website”). By accessing and using this Website, you agree to follow and be bound by the following terms and conditions concerning your use of this Website. We may revise these terms and conditions at any time without prior notice.

Use of Website Information

You may download, view, copy, and print documents and graphics from this Website so long as your use is limited solely to personal, informational, or non-commercial purposes and you do not modify or alter the content in any way.

Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without the express authorization of Monetate, Inc. (“Monetate”).

Use of Software

All software and accompanying documents that you download from this Website (“Software”) are the copyrighted work of Monetate and/or its suppliers. Your use of the Software is governed by the terms of the software license agreement applicable to the Software (“License Agreement”). You are not authorized to install or use any Software unless you first agree to the License Agreement terms. All rights, title, and interest to the Software not expressly granted are reserved.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website, and are fully responsible for all activities that occur under your password(s). You agree to notify Monetate immediately of any unauthorized use of your password(s).

Termination of Use

You agree that Monetate may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Monetate.

DISCLAIMER

MONETATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS PUBLISHED ON THIS SITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MONETATE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THIS SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, MONETATE MAKES NO WARRANTY THAT: (1) THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE OR RELIABLE; (2) THIS SITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (3) THIS SITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; (4) THIS SITE DOES NOT CONTAIN ERRORS; OR (5) THIS SITE IS SECURE FROM THIRD PARTIES.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MONETATE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

MONETATE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MONETATE BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE.

SOME JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, SOME OF THE LIMITATIONS OR EXCLUSIONS CONTAINED ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Monetate, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Webite.

Links to Third Party Sites

Some links on the Website enable you to leave the Site. The linked sites are not under the control of Monetate and Monetate is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Monetate is not responsible for any transmission received from any linked site including any webcasting, webinar, podcast, or other method or transmission. Links to third party sites are provided only as a convenience. Monetate does not endorse any link made available through this Site.