Website Terms of Use

TERMS OF USE

Effective:  January 1, 2022; Last Updated: May 1, 2023

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE MONTE CARLO SITE (DEFINED BELOW) IS SUBJECT TO THESE WEBSITE TERMS OF USE (“WEBSITE TERMS”). IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.  

THESE WEBSITE TERMS 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 18 BELOW TO LEARN MORE.

1. Introduction.  Please read these Website Terms carefully, as they constitute 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) (collectively, the “Site”). Your access and use of the Site and all Monte Carlo 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 Website Terms. The term “Content” includes, without limitation, all HTML, applications, documentation, guides, charts, articles, blog posts, text, files, data, metrics, reports, processes, photos, images, graphics, logos, copy, sounds, computer code (including source code or object code), visual interfaces, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, 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 “Site” includes “Content” as well.

These Website Terms apply to all users of the Site (“User”, “you” or “your”), and by accessing or using the Site, you confirm that you have read and agreed to all terms and conditions of these Website Terms, the Monte Carlo privacy policy available at  www.montecarlodata.com/privacy-policy/ (“Privacy Policy”), and any additional terms and conditions that we provide to you  in connection with your use of the Site (“Additional Terms”), all of which are incorporated herein by reference.   

These Website Terms do not govern the use of our data observability application and related software as well as any other services operated by Monte Carlo (the “Service”). If you are accessing or using the Service, including for a free trial, then you are subject to Monte Carlo’s commercial terms and conditions (currently available at https://www.montecarlodata.com/terms-and-conditions/), free-trial terms and conditions (currently available at https://www.montecarlodata.com/monte-carlo-terms-and-conditions-feb-2023/), or such other written contract as may be separately and mutually agreed to between you and Monte Carlo.

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

2. Eligibility. By agreeing to these Website Terms, 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 Service; and (iii) your use of the Site shall comply with any and all applicable laws and regulations.

3. Privacy. Monte Carlo’s Privacy Policy, available at: www.montecarlodata.com/privacy-policy/, provides details about our information collection, usage and disclosure practices with respect to information collected by Monte Carlo through the Site.

4. Third-Party Content. The Site may make available, or third parties may provide, links to other websites applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Content”). Monte Carlo is not responsible for, and makes no warranties, express or implied, as to, Third-Party Content (including without limitation the accuracy or completeness of the information provided in such Third-Party Content or the privacy practices of any third party). Inclusion of any Third-Party Content or a link thereto on the Site does not imply approval or endorsement of such Third-Party Content. Your use of Third-Party Content is at your own risk. When you leave the Site to access Third-Party Content via a link, you should be aware that our policies, including the Privacy Policy, no longer govern. 

5. Your Content.By posting, displaying, publishing, or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant Monte Carlo a perpetual, worldwide, nonexclusive, irrevocable, royalty-free license to perform, display, reproduce, prepare derivatives works from, distribute, sell, sublicense, transfer and other use without restriction all or any part of such Content.

6. Changes to these Website Terms.  We may revise and update these Website Terms from time to time, and at any time, in our sole discretion, by posting a revised version on the Site.  By accessing the Site, you agree to the latest version of these Website Terms.

7. Monitoring and Termination. We have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Website Terms and any other operating rules established by Monte Carlo. We have the right, in our sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Site that we find to be in violation of these Website Terms or is otherwise objectionable. We may also suspend or terminate your use of the Site in our sole discretion and without prior notice if we believe that suspension or termination is necessary to ensure compliance with applicable laws ro to protect the rights, safety, privacy, security or property of Monte Carlo, its customers, other users of the Site, or any third party.   

8. User Conduct.  You may use the Site only for lawful purposes and in accordance with these Website Terms.  You are solely responsible for your conduct when using the Site.  You represent, warrant and agree that, while using the Site, 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 Site or the rights or use or enjoyment of the Site by any other user;

c) Harvest or collect information about any third parties, including their email addresses or other
personally identifiable information;

d) Submit, post, email, display, transmit or otherwise make available through the Site 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
Site, or to sell, resell, frame, mirror or otherwise exploit for any commercial purpose, any
portion of, use of, or access to the Site.;

f) Use any device, software or routine that interferes with the proper working of the Site 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 Site 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 Site, whether or not for financial or any other form of compensation or through linking with
another website, platform or service.

9. Proprietary Rights.

a) Ownership . Unless otherwise provided in these Website Terms or otherwise indicated on the
Site, Monte Carlo or its licensors own, solely and exclusively, all right, title and interest in and to
the Site 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) Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Site are the
property of Monte Carlo or other third parties. You are not permitted to use any Marks without
Monte Carlo’s or the applicable third party’s prior written consent.

c) Restrictions . The Site is 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 Site, including, without limitation, notices on any Content you display or reproduce from the
Site. 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.

10. 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.

11. Electronic Communications. When you visit the Site or send emails to Monte Carlo, you are communicating with Monte Carlo electronically, and you consent to receive communications from Monte Carlo electronically. Monte Carlo may communicate with you by email or by posting notices on the Site. You agree that all agreements, terms, notices, disclosures and other communications that Monte Carlo provides to you electronically satisfy any legal requirement that such communication be in writing.

12. Assignment. These Website Terms, 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.

13. Indemnity. You agree to defend, indemnify and hold 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 Site, (b) your breach or violation these Website Terms (including any Monte Carlo policy referenced in these Website Terms), or any applicable law or regulation, (c) any disputes or issues between you and any third party, or (d) any Content that you post, upload, or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site. 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.

14. Disclaimer; No Warranties. THE SITE AND ALL OTHER PRODUCTS, SERVICES AND CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SITE 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 SITE. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE MONTE CARLO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. 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 SITE, CONTENT, OR FROM THESE WEBSITE TERMS, 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 WEBSITE TERMS AND/OR YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SITE, 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.

16. Global Availability. Monte Carlo controls the Site from its offices located in the United States. If you use the Site from other locations you are responsible for compliance with applicable local laws, including but not limited to applicable United States export control or sanction laws and regulations. Monte Carlo makes no representation that the products and services referenced on the Site are appropriate or available worldwide.

17. Notice for California Residents. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following consumer rights notice: Monte Carlo does not currently charge any fees for access and use of the Site. If you have questions or complaint regarding the Site, please contact Monte Carlo by writing to: Monte Carlo Data, Inc., Attn: Legal Department, 548 Market Street, PMB 59994, San Francisco, California 94104. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Binding Arbitration and Class Action Waiver. DISPUTES ARISING FROM THESE WEBSITE TERMS 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 Site or these Website Terms, 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 Website Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Website Terms 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 Site or these Website Terms.

19. Governing Law. These Website Terms and your use of the Site 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 18 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.

20. Claims of Copyright Infringement. Monte Carlo respects the intellectual property rights of others and we request that the people who use the Site do the same. To file a notice of infringement with respect to any material residing on or linked from the Site that you believe infringes your copyright, please provide the following information in writing to the Monte Carlo-designated copyright agent listed below: (a) description of the copyrighted work or other intellectual property that you believe has been infringed; (b) description of the material that you believe is infringing the copyrighted work listed in item (a); (c) address, telephone number, and email address where the alleged infringing party can contact you; (d) the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”; (e) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) your electronic or physical signature.

To file a counter notification, please provide the following information in writing to the Monte Carlo-designated copyright agent listed below: (a) description of the material that Monte Carlo has removed or to which Monte Carlo has disabled access; (b) your name, address, telephone number, email address, and statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or San Francisco, California if your address is outside the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (d) your electronic or physical signature.

Please send notifications of infringement and counter notifications to Monte Carlo’s copyright agent at: Monte Carlo Data, Inc., Legal Department, 548 Market Street, PMB 59994, San Francisco, California 94104.

21. Miscellaneous. These Website Terms, the Privacy Policy, and any Additional Terms are the entire understanding and agreement between you and Monte Carlo concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. If any provision of these Website Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Website Terms 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 Website Terms; however, no action arising out of these Website Terms or your use of the Site, 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 Website Terms will not operate as a waiver of such right or provision.

These Website Terms were last modified on the date indicated above.