Privacy Policy
These terms apply to all use or access starting on January 1, 2024, at 12 a.m. EST.
MONDO METRICS, LLC (“Mondo Metrics,” “we,” “us“) is concerned about online privacy issues and wants you to be familiar with how we collect, use, and disclose your Personally Identifiable Information (as defined below). This Privacy Policy (the “Policy“) describes our practices in connection with Personally Identifiable Information that we collect through our website located at https://mondometrics.co (the “Site“). This Policy does not address our practices regarding information that we collect by any other means, other than through the Site; nor does this Policy govern the collection, use, or disclosure of information by any of our affiliates (collectively, “Affiliated Entities“) or by third parties.
By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy at any time by posting the new Policy on the Site. You can determine when this Policy was last revised by referring to the prior version available, a link to which is available at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. The terms and conditions of this Policy are incorporated into the Mondo Metrics Terms of Service Agreement.
When you register for an account and agree to the Terms of Service, you also consent to this Policy and to the collection and processing (including the disclosure and international transfer) of personally identifiable information about you as described in the Privacy Policy.
What Types of Information Does Mondo Metrics Collect From Me?
MONDO METRICS gathers the basic types of information through the Services that are described below, including data related to the type of device that you use (such as the IP address of a computer).
Personally Identifiable Information (PII). We collect PII from you through the Site such as your name and email address.
Non-Personally Identifiable Information (Non-PII). When you visit and interact with the Site or the Services, Mondo Metrics and any third parties with whom Mondo Metrics has contracted to provide services to Mondo Metrics may collect Non-PII. Non-PII is generally collected through the Site from four different sources: environmental variables, cookies, pixel tags and other similar technologies, and information that you voluntarily provide.
Data From Social Media Accounts. To use the Services, you will be required to authenticate your account with certain online third-party services, such as Facebook, Twitter, Instagram, Snapchat, and others (“Social Media Services”). By logging in or directly integrating these Social Media Services into the Services, Mondo Metrics can capture the Social Media Information needed to track and report metrics on social media accounts that we enable users to view. In order to enable this functionality, we will ask you to authenticate accounts for Social Media Services on the websites of their respective providers. You will provide your login information, like your password, directly to such Social Media Services, not to Mondo Metrics. As part of such integration, Social Media Services will provide us with access to certain information that you have provided to such Social Media Services, and we will use, store, and disclose such information in accordance with the Retention Period listed in this policy. The manner in which Social Media Services use, store, and disclose your information is governed solely by the policies of such third parties, and Mondo Metrics shall have no liability or responsibility for the privacy practices or other actions of any third-party site or Services that may be enabled within the Services. In addition, Mondo Metrics is not responsible for the accuracy, availability, or reliability of any information, data, content, goods, opinions, advice, or statements made available in connection with Social Media Services. As such, Mondo Metrics is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services (or Mondo Metrics’ interpretation of such data). The integration or inclusion of such features does not imply an endorsement or recommendation of any particular Social Media Services.
Data Sharing Agreement: By using Mondo Metrics’ Services, you agree to the sharing of aggregated and anonymized social media data across participating entities. This data sharing facilitates benchmarking services that provide comprehensive insights and metrics for all participants. Mondo Metrics ensures that no identifiable data is shared, maintaining the confidentiality of your information. This section of the Terms of Service constitutes the entire agreement regarding data sharing, and no additional agreements are required.
Environmental Variables. We and our service providers may collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers and can be used to optimize your experience on the Site.
Cookies. We and our service providers may use “cookies” on the Site. Cookies are data that a web server transfers to an individual’s computer for recordkeeping purposes. We use cookies and other technologies to better serve you with more tailored information and facilitate your ongoing access to and use of our Site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. To learn more about cookies, please visit http://www.allaboutcookies.org/.
Pixel Tags. We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags“) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
Information That You Voluntarily Provide. Mondo Metrics also collects Non-PII when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of users who live in a particular region. Such aggregate information is considered Non-PII for purposes of this Policy.
IP Addresses. When you visit and interact with the Site, Mondo Metrics and third parties with whom Mondo Metrics has contracted to provide services to Mondo Metrics may collect IP Addresses. Your Internet Protocol (“IP”) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (“ISP”). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the date(s) and time(s) of your visit(s) and the page(s) that you visited.
How Does Mondo Metrics Use Information Collected From Me?
Personally Identifiable Information. We may use PII about you in the following ways:
Fulfillment of Requests. Mondo Metrics may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send product information to you, provide better platform customer support, or fulfill your purchase).
Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies, or other administrative information. Because this information may be important to your use of the Site, you may not opt out of receiving such communications.
Other Communications. We may use PII about you to inform you of products, programs, services, special deals, promotions, and newsletters that we believe may be of interest to you.
Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits, and so forth.
Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non‑PII, which does not personally identify you, with Affiliated Entities and other third parties for any purpose. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined.
Data from Social Media Services. We may aggregate and anonymize user social media data captured to create and report metrics for our business use.
IP Addresses. We use your IP address, and the IP addresses of all users, for all purposes listed above, as well as for purposes such as calculating Site usage levels, helping diagnose server problems, providing better service to users of the Site, customizing the Site based on your preferences, compiling and analyzing statistics and trends, and otherwise administering and improving the Site for your use. Collecting IPaddresses is standard practice on the Internet and is done automatically by many websites. Please note that we treat IP Addresses, server log files, and related information as Non-PII, unless required to do otherwise under applicable law.
How Is Personally Identifiable Information Disclosed?
Third-Party Service Providers. We work with third parties who provide services which may include, but are not limited to, data analysis, payment processing, order fulfillment, and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services.
Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Mondo Metrics’ business, assets, or stock (including without limitation in connection with any bankruptcy or similar proceedings).
Law Enforcement; Emergencies; Compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations or those of any Affiliated Entities; (f) to protect the rights, privacy, safety, or property of Mondo Metrics, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
Other Important Notices Regarding Our Privacy Practices
Children’s Privacy. The Site is not directed toward individuals under the age of 18, and we do not knowingly collect any PII online from individuals under the age of 18. Our Terms of Service prohibit individuals under the age of 18 from registering or otherwise participating in our Site (unless, in certain cases, specific usage is approved by a signatory (parent or guardian over the age of 18) on behalf of an individual under the age of 18).
Third-Party Sites. The Site may contain links to third-party websites. These linked sites (including without limitation the websites of Affiliated Entities) are not under Mondo Metrics’ control and we are not responsible for the privacy practices or the content of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Mondo Metrics or any Affiliated Entities. If you provide any PII through any such third-party website, your transaction will occur on such third party’s website (not the Site) and the PII you provide will be collected by and controlled by the privacy policy of that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.
Security. We seek to have security measures and tools, such as firewalls, in place to help protect against the loss, misuse, and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
California Privacy Rights. Individual customers who reside in California and have provided their personal information to Mondo Metrics may request information about its disclosures of PII to third parties for their direct marketing purposes. Such requests should be submitted to privacy@mondometrics.com, or the following mailing address: Mondo Metrics, LLC, 125 Mountain Pass, East Branch NY 13756 10036. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed by Mondo Metrics to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This type of request may be made no more than once per calendar year. Mondo Metrics reserves its right not to respond to requests submitted other than to the email or physical addresses specified in this paragraph.
Changing or Updating PII. If you would like to review, correct, or update the PII about you that has been previously provided to us through the Site, you may access your PII through the “My Account” link in the Mondo Metrics platform. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared PII about you, or limiting their use of PII about you.
Retention Period. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law and/or regulations. You may request to have your records deleted here.
Jurisdictional Issues. Mondo Metrics does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any PII, you consent to the transfer of PII to other countries, such as the United States, which may provide a different level of data security than in your country of residence.
Contacting Us. If you have any questions regarding this Policy, or any problems arise, please contact us by e-mail at privacy@mondometrics.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other private or sensitive information in your e-mail correspondence with us.
Terms of Service
MONDO METRICS TERMS OF SERVICE
These terms apply to all use or access starting on January 1, 2024, at 12 a.m. EST
MONDO METRICS
Mondo Metrics offers a range of services, including a software platform that allows users to authenticate a pre-existing social media account and track aspects of the user’s social profile through detailed analytics that we provide.
YOUR AGREEMENT TO THESE TERMS OF SERVICE
Except as may be modified by specific agreements agreed in writing, these terms of service constitute your agreement concerning the use of all software and content (collectively, the “Services”) offered by Mondo Metrics, LLC (“Mondo Metrics”) to individuals 18 or older, whether for personal or corporate use. Your use of these Services means that you have agreed to all of these terms (together with future updates, the “Terms”) which include our Privacy Policy. From time to time we will update these Terms, and your continued use shall be deemed to be consent to all updates made in our sole discretion. By registering for and using these Services, you are giving us your assurance that you are fully authorized to do so and no rights of any kind will be transferred to you (other than your license).
YOUR LICENSE TO USE THE SERVICES
Except for User Content (as defined below), Mondo Metrics owns and/or has the exclusive right to control and operate the Services which are protected by relevant intellectual property laws. You agree that you will not use the Services in any way that is not specifically allowed or intended. This means, for example, that you can’t sell, reverse engineer, license, copy, change, display, publish, or create derivative works based on the Services. These Terms give you the non-exclusive limited right – called a royalty-free license – to use the Services so long as you comply with the Terms.
SOCIAL ACCOUNT AUTHENTICATION
When you register, you will have the ability to authenticate one or more of your social accounts (each, a “Social Account”). Following authentication, we can transfer data from the Social Account to Mondo Metrics which we will then analyze and add certain metrics. At all times, you remain responsible for complying with the terms of service and other policies of the Social Account (and you agree to indemnify us if you do not comply for any reason).
Data Sharing Agreement. As part of our data-sharing agreements, Mondo Metrics may share aggregated and anonymized social media data with participating entities. This data sharing enables participants to benefit from comprehensive metrics and insights across various platforms. By using our Services, you agree to the sharing of anonymized and aggregated data as outlined in our data-sharing agreements
YOUR MONDO METRICS ACCOUNT
When you register, individual creators are eligible to receive a free account and brand users are eligible to receive a paid account, consistent with whatever commercial terms are agreed under a separate license agreement. Picking and keeping a password is your responsibility, which includes being responsible for all activities that occur under your account or password. You agree that the information you provide to Mondo Metrics on registration and at all other times will always be true, accurate, current, and complete. If we believe that your account is inactive, we may terminate and delete it, including all User Content.
USER CONTENT
In addition to facilitating the transfer of data from a Social Account to our Services, we may also allow users to upload and/or input content while using the Services. This data and content is collectively referred to as “User Content” in these Terms. When you share your own User Content, including through Social Account authentication, you remain the owner (or authorized user) but you give the rights to us to use your User Content as explained in these Terms and as intended by the Services, including giving us the right to anonymize and aggregate aspects of User Content for our own commercial purposes. You agree that we have your consent – your “license” to us — to use your User Content to operate the Services. When you submit User Content through the Services, including when you authenticate a Social Account, the license you grant to us is a worldwide, non-exclusive, perpetual, transferable, assignable, royalty-free, and sublicensable right for us to use, copy, distribute, prepare derivative works of, modify, transfer, and publish your User Content, in whole or in part, in and through any media. The rights you grant in this section, including the license, survive the termination of your agreement with and use of the Services.
PROHIBITED CONDUCT
You agree that it is a violation of these Terms to:
– Use any feature or content, except as allowed or intended;
– Provide false or inaccurate information about anyone;
– Provide illegal content or other content that a reasonable person could find offensive, pornographic, threatening, hateful, racially, or ethnically offensive;
– Impersonate any person or entity or falsely claim an affiliation, access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
– Delete indications of copyright, trademark or other proprietary rights on the Services or User Content;
– Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
– Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
– Defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
– Use the Services if you are under the age of 13 years old or allow anyone under the age of 18 years to use the Services via your account;
– Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or User Content;
– Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
– Except with Mondo Metrics’ express written consent and/or via an approved API, use any means of gathering data generated by or accessible through the Services for any purpose;
– Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
– Intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
– Disclose or use personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use;
– Except with Mondo Metrics’ express written consent, license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit the Services, Mondo Metrics programs, or materials available, to any third party other than those authorized by you, as expressly permitted under the terms of the agreement.
THIRD-PARTY CONTENT AND SOFTWARE
Mondo Metrics may make certain third-party content and/or software available to you for use as part of the Services. All such software or other content that you use is subject to the third-party provider’s terms and conditions.
COPYRIGHT AND INTELLECTUAL PROPERTY VIOLATIONS
Mondo Metrics takes copyright infringement seriously, and it is our policy to respond to clear notices of alleged copyright infringement. Upon receipt of a Digital Millennium Copyright Act (“DMCA”) compliant notice, Mondo Metrics will do its best to remove or disable access to the content that is the subject of the notice. The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached at notices@mondometrics.co. Only copyright/DMCA notices should go to Mondo Metrics’ Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to Mondo Metrics through support@mondometrics.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
SUSPENSION AND TERMINATION; TERMS OF SERVICE VIOLATIONS
You agree that Mondo Metrics, in its sole discretion, for any or no reason, and without penalty, may suspend and/or terminate any account (or any part thereof) you may have with Mondo Metrics or your use of the Services and remove and discard all or any part of your account, User profile, and any User Posting, at any time. Mondo Metrics may also in its sole discretion and at any time discontinue providing the Services, access to the Services, or any part thereof, with or without notice. You agree that any suspension and/or termination of your access to the Services or any account you may have or portion thereof may be affected without prior notice, and you agree that Mondo Metrics will not be liable to you or any third party for any such suspension and/or termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mondo Metrics may have at law or in equity. As discussed herein, Mondo Metrics does not permit copyright-infringing activities on the Services and may suspend and/or terminate access to the Services and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (a) the Services or Mondo Metrics, (b) any term of these Terms, (c) any policy or practice of Mondo Metrics in operating the Services, or (d) any content or information transmitted through the Services, is to terminate these Terms and your account. You may terminate these Terms at any time by deleting your account with the Services and discontinuing use of any and all parts of the Services. Notwithstanding any such termination of this Terms of Service by you, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
INDEMNIFICATION
You agree to indemnify, save, and hold Mondo Metrics, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners and their affiliated companies, contractors, employees, and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, including any decisions made in reliance on any data or other information provided by Mondo Metrics, any violation by you of these Terms, or any breach of the express or implied representations, warranties, and covenants made by you herein. Mondo Metrics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mondo Metrics and its third-party suppliers, licensors, and partners, and you agree to cooperate with Mondo Metrics’ defense of these claims. Mondo Metrics will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DISCLAIMERS; NO WARRANTIES
We do not make any promises or guarantees concerning the Services or the actions (or inactions) and, as with any legal agreement, advise you to seek independent legal counsel with any questions relating to the Services prior to registration and use (and agreeing to these Terms).
To the fullest extent permissible pursuant to applicable law, Mondo Metrics, and its affiliates, partners, licensees, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, all with regards to the Services, your use thereof. No advice or information, whether oral or written, obtained by you from Mondo Metrics or through the services will create any warranty not expressly stated herein. You expressly acknowledge that as used herein the term Mondo Metrics includes Mondo Metrics’ officers, directors, employees, shareholders, agents, licensees, licensors, and subcontractors and their officers, directors, employees, shareholders, and agents. You expressly agree that use of the services is at your sole risk. The services and any data, information, third-party software, user content, third party sites, services, or applications made available in conjunction with or through the services are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
Mondo Metrics, its suppliers, licensees, licensors, affiliates, and partners do not warrant that the data, user content, functions, or any other information offered on or through the services or any third party sites will be uninterrupted, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected. Mondo Metrics, its suppliers, licensees, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the services or any third party sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Services or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
LIMITATION OF LIABILITY AND DAMAGES
Under no circumstances, including, but not limited to, negligence, will Mondo Metrics or its affiliates, contractors, employees, agents, or third-party partners, licensees, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms, your use of or your inability to use the Services or any third party sites, or any other interactions with Mondo Metrics, even if Mondo Metrics, its third-party partners, licensees, licensors, or suppliers or an Mondo Metrics authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Mondo Metrics’ liability, and the liability of its third-party partners, licensees, licensors, or suppliers, if any, will be limited to the fullest extent permitted by applicable law.
In no event will Mondo Metrics or its affiliates, contractors, employees, agents, or third-party partners, licensees, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the services or your interaction with other services users (whether in contract, tort including negligence, warranty, or otherwise), exceed one hundred dollars.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any third party sites, applications, services, or otherwise by third parties other than Mondo Metrics and received through or advertised on the services or received through any third party applications or sites.
You acknowledge and agree that Mondo Metrics has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Mondo Metrics and its third-party partners, licensees, licensors, or suppliers, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Mondo Metrics. Mondo Metrics would not be able to provide the services to you on an economically reasonable basis without these limitations.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
MISCELLANEOUS
Notice. Mondo Metrics may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. Notice will be deemed given twenty-four hours after the email is sent, unless Mondo Metrics is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such a case, notice will be deemed given three days after the date of mailing. Notice posted on the Services is deemed given 30 days following the initial posting.
Waiver. The failure of Mondo Metrics to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mondo Metrics.
Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mondo Metrics without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Mondo Metrics relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Mondo Metrics.
Claims. YOU AND MONDO METRICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The Services provided hereunder are offered by Mondo Metrics, LLC, 125 Mountain Pass, East Branch NY 13756 10036. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
DISPUTE RESOLUTION AND ARBITRATION
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. For any claim related to these Terms of Service or the Services, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Mondo Metrics or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or Mondo Metrics will be filed only in the state or federal courts in and for New York County, New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in this Section 18 regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
All claims you bring against Mondo Metrics must be resolved in accordance with this Section 18. All claims filed or brought contrary to this Section 18 shall be considered improperly filed. Should either party file a claim contrary to this Section 18, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.