DataMNC User Terms of Service Agreement

Last Updated on: 2 August 2022

Welcome to DataMNC! 

This DataMNC User Terms of Service Agreement (“Agreement”) is a legal agreement between you, and DataMNC LLC and its affiliates doing business as DataMNC (collectively “DataMNC”) governing the use of DataMNC websites, applications, and other services (“Services”).  By using the Services you agree to be legally bound by this Agreement, including the Privacy Policy incorporated by reference herein, and applicable law.  For the purposes of this Agreement, “you” and “your” refer to you, a user of the Services. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement, and in such event “you” and “your” will refer and apply to you and that company or other legal entity.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SERVICES.  THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.  YOUR USE OF SERVICES INDICATES THAT YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, PLEASE DISCONTINUE OR CANCEL YOUR USE OF SERVICES.

IMPORTANT DISCLAIMER.

THE SERVICES HAVE BEEN MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES FOR PRIVATE NONCOMMERCIAL USE THAT IS NOT A SUBSTITUTE AND DOES NOT REPLACE PROFESSIONAL ADVICE.  NONE OF THE CONTENT AND MATERIALS AVAILABLE THROUGH SERVICES SHOULD BE USED FOR THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.  NONE OF THE CONTENT AND MATERIALS AVAILABLE THROUGH SERVICES SHALL BE CONSTRUED AS INVESTMENT ADVICE AND YOU AGREE TO CONSULT WITH YOUR PROFESSIONAL FINANCIAL OR INVESTMENT ADVISOR FOR THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.  DATAMNC IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT PROVIDE ANY INVESTMENT RECOMMENDATIONS. 

The foregoing disclaimer shall not limit the more general disclaimers elsewhere in this agreement.

Eligibility and Authorized Use.

You must be at least 18 years old and legally eligible to visit or use the Services, according to the local laws applicable to each individual user.   

The Services are available for the personal and general information use of eligible individual users only.  You may not use the Services, or any information provided by the Services, for any commercial purpose.  Your use of the Services is not transferable to any other person or entity. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Services and any messages, online chats or other interactions with other users. You agree not to copy materials, content or any other information on the Services, remove any copyright or other proprietary notations from the materials or content, or use materials, products or services in violation of law. 

DataMNC LLC reserves the right, in its sole discretion at any time, to cancel or suspend access to Services for any User failing to adhere to these eligible individual user and authorized use requirements.

No Unlawful or Prohibited Use

You will not use the Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner that could damage, disable, interrupt, overburden, or impair the Services or DataMNC’s network or servers, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Additionally, you must not engage in spidering, screen scraping, database scraping, harvesting of information, or any other automatic means of accessing, logging-in or registering on the Services, or obtaining or accessing other information from or through the Services. 

The following actions are also expressly prohibited: 1) transmitting unsolicited email or spam; 2) using any DataMNC domain name as a pseudonymous return email address for any electronic communications; 3) pretending to be someone else or spoof their identity; 4) posting violent, obscene, nude, harassing, abusive, discriminatory, defamatory, unlawful, infringing, hateful, pornographic, threatening or otherwise objectionable content via the Services; 5) using the Services to perpetrate fraud, misrepresentation or illegal activity; 6) attempting to gain unauthorized access to the Services or another user’s account through hacking, password mining, or any other means; 7) attempting to circumvent or compromise any security measures; 8) creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; 9) modifying, altering, or tampering with systems hardware or software; and 10) reselling or repurposing your DataMNC account.

Registration

Your use of the Services requires you to create a confidential password.  As a user of the Services, you represent and warrant that: 1) you are at least 18 years old; 2) the information you provide is true, accurate, current, and complete; 3) you will maintain and update information you provide to keep it true, accurate, current, and complete; 4) you have the authority to provide the information to us; and 5) the information you provide does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

You are responsible for keeping your password confidential. You must not knowingly disclose your password to any third party. Please notify us immediately of any unauthorized use of your password or if you believe your password is no longer confidential or that there has been a breach in security of your account. We reserve the right to require that you change your password if we believe your account is no longer secure. DataMNC will not be liable for any loss or damages you may suffer as a result of someone else using your password.  You must not use the username or password of any other user at any time or attempt to impersonate another user or another person who is not a user.

Payments and Fees

DataMNC is committed to providing stakeholders with access to a large repository of annual disclosures and to general information regarding annual corporate reports, financial statements, and sustainable business performance, without payments and fees, or for affordable payments and fees.  Accordingly, the Services may include both Freemium Services and Subscription Services.    

DataMNC Freemium Services are available to eligible individual users who register for a DataMNC Freemium Services account.  DataMNC Freemium Services users do not incur any payments and fees for access to DataMNC Freemium Services, which you hereby acknowledge and agree may include advertising and marketing content and materials.  Future services may include paid DataMNC Subscription Services.  We will update this Agreement with payment terms prior to implementing any paid services.  

Privacy Policy

As a condition for using DataMNC Service(s), all eligible users must agree to have read, understood, and accepted the DataMNC Privacy Policy[MD1] , which is incorporated herein by reference.

Proprietary Rights and License

The Services, including any part of the Services, are protected by copyrights, trademarks, service marks, or other proprietary rights, under the laws of the United States and international conventions.  The DataMNC names and logos are trademarks of DataMNC.  All other company names, logos, and trademarks mentioned herein are the property of their respective owners.  Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the DataMNC name, logos, or trademarks without obtaining the written permission of DataMNC or such other third party owner, as applicable.  

All content on the Services, including but not limited to all materials published as part of the Services, including annual disclosures, financial statements, blog texts, tables, images, designs, video or audio clips, or other materials (“Content”) are the proprietary property of DataMNC and is protected by U.S. copyright law, international treaties and other intellectual property rights.  Except as otherwise stated therein, Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent.

We grant you, a personal, limited, non-exclusive, non-transferable, non-sublicensable limited license to use the Services subject to the terms of this Agreement. Any rights to the Services and its derivative works not expressly granted are expressly reserved.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

All annual reports and financial statements available as part of Services have been sourced only from attributed corporate or regulatory sources and are available in read-only format so that it is hereby expressly prohibited to copy, reproduce, download, or otherwise access any annual report and financial statements without the express approval of DataMNC and all others with applicable intellectual property rights.  As part of DataMNC’s respect for the intellectual property rights of all stakeholders we also invite companies featured by Services to validate their annual reports and financial statements by contacting CompaniesValidation@DataMNC.com.  

The statements and representations by DataMNC, including the blog section known as The Sustainable Business Performance Conversation, and periodic subscriber survey responses and results, are intended for eligible users interested in annual disclosures of publicly listed companies and in evolving perspectives on sustainable business performance.  Users are invited to provide feedback that is directly and objectively related to the annual disclosures or any other feature of DataMNC, and with full respect for the rights and dignity of other users and of DataMNC, by contacting StakeholderServices@DataMNC.com.  You assign to DataMNC all ownership and rights in any feedback and suggestions you provide without any royalty or accounting obligations to you.

Availability

DataMNC will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of DataMNC may, from time to time, result in temporary interruptions to the Services. In addition, DataMNC reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Services or all the Services without notice.

Sponsored and Third-Party Content

DataMNC may display advertisements, commercial communications and other sponsored content (“Sponsored Content”) on the Services. The manner, mode and extent of Sponsored Content are subject to change without specific notice to you. You acknowledge that we may not always indicate that content is Sponsored Content. The Services also contain third-party materials, including articles, blogs, and other content. DataMNC has not tested or evaluated the Sponsored Content or other third-party materials and does not endorse or represent anything about these materials or your use of the materials. If you use any of the Sponsored Content or third-party materials, you do so at your own risk. In no event will DataMNC be liable for any loss, claim, damages, or costs that may arise concerning your use of or reliance on these materials.

Third-Party Links

The Services may contain links to third-party websites that are not under the control of, or maintained by, DataMNC including advertiser and publisher websites (the “Linked Sites”). Linked Sites are not under the control of DataMNC and DataMNC is not responsible for the contents of any Linked Site. Linked Sites may contain their own terms that are different from the terms of this Agreement. You should read the terms of use and privacy policies on each applicable website, as your accessing the website may constitute your agreement to be bound by the website’s terms and policies. DataMNC does not endorse or represent anything about Linked Sites or any information, materials, or products found on those sites. If you access any of the Linked Sites, you do so at your own risk. In no event will DataMNC be liable for any loss, claim, damages, or costs that may arise concerning your use any third-party links or Linked Sites.

Disclaimer of Warranties 

SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH SERVICES.   DATAMNC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, AND WARRANTIES RELATING TO THE CONTENT AND MATERIALS AVAILABLE THROUGH SERVICES INCLUDING ANY OPINIONS OR STATEMENTS MADE BY DATAMNC.  YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.  DATAMNC HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATAMNC THROUGH THE SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.  YOU HEREBY AGREE TO USE SERVICES AT YOUR SOLE RISK.  

Limitation of Liabilities and Indemnification

IN NO EVENT WILL DATAMNC OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS, ADVERTISERS, LICENSORS, OR ANY PARTY INVOLVED IN DEVELOPING AND DELIVERING SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON ARISING FROM YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE SERVICES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST GOODWILL.  THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF DATAMNC MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH ALLEGED LIABILITY.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE ALL YOUR USE OF THE SERVICES.   If any applicable authority holds any portion of these this Agreement to be unenforceable, DataMNC’s liabilities in such jurisdictions shall be limited to the fullest possible extent permitted by applicable law.

You agree to indemnify and hold harmless DataMNC and its affiliates, officers, employees, suppliers, content providers, advertisers, licensors, or any party involved in developing and delivering services, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, whether a lawsuit or other proceeding is filed, that in any way arises out of or relates to 1) your breach or violation of this Agreement or any applicable state or federal law or 2) your use of the Services. This provision will survive the termination of the Agreement.   

Copyright Infringement Notice Policy

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact DataMNC’s designated Copyright Agent and provide the following information: 

1. 1. a description of the copyrighted work that allegedly has been infringed;
   2. a description of the material that is claimed to be infringing and the URL of where the material is located on the Services, sufficient to permit DataMNC to locate the material;
   3. your contact information, including an address, telephone number, and e-mail address;
   4. a statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the way complained of is not authorized by the copyright owner, its agent, or the law;
   5. a statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
   6. your physical or electronic signature.

Send to:

Mail:	Attn: DMCA Copyright Agent for DataMNC LLC Sam H. L. Fouad, Esq. DataMNC LLC Stakeholder Services Representative PO Box 1769,  Santa Fe, NM 87504
Email:	StakeholderServices@DataMNC.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Governing Law and Entire Agreement

This Agreement shall be governed by the laws of the United States of America and the state of New Mexico, USA as an agreement wholly performed therein and without regard to any conflict of law provisions (if applicable).  By using the Services, you waive any claims that may arise under the law of other states, countries, territories, or jurisdictions.

This Agreement constitutes the entire agreement between you and DataMNC and govern your use of the Services.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.

Agreement to Arbitrate and Class Action Waiver

Any dispute arising out of or relating to this Agreement, the Services, or any relationship between the parties, or any of their parents, subsidiaries, affiliates, successors, officers, directors, or employees, heirs and permissible assigns, without limitation, no matter how described, pleaded or styled, will be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration will be conducted by a single, neutral arbitrator chosen by the parties, who shall be a retired judge or a lawyer with at least ten years of active practice in technology law and knowledgeable about mobile software.  The arbitration shall be conducted under the Commercial Arbitration Rules unless the claim is made in your individual capacity, in which case it will be conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association (“AAA”). I understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties. The parties agree that the arbitrator, and not a court, will have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by DataMNC. Each party will pay for its own attorneys’ fees and costs. Any dispute or claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. The fact of and all aspects of this arbitration and the underlying dispute will remain strictly confidential by the Parties, their representatives, and the AAA. The Parties agree that any actual or threatened violation of this provision would result in irreparable harm and will be subject to being immediately enjoined. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial for any dispute to which this agreement applies and any dispute will be commenced and maintained exclusively in the state or federal courts in Santa Fe, New Mexico and the parties each consent to the personal jurisdiction of the courts. This provision survives the termination of this Agreement. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to the Services or your relationship with DataMNC must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

Consent to Receive Marketing Emails

You agree to receive periodic commercial/promotional communications from us electronically, including email to any email addresses you provide to us, to the extent permissible by law including, without limitation, information and offers from us and our trusted partners, or for such other purposes as we deem appropriate and as permissible by law. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in such communication or by changing your profile settings on the website. This opt out will not apply to operational or informational emails related to your account.  You may continue to receive promotional email messages for a short period while we process your request.

Access Restriction and Termination

Access and use of the Services, is expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Agreement. DataMNC may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion. DataMNC reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services. If DataMNC terminates your account, you will not create another account without our permission. 

This Agreement will apply until your account has been terminated. You may terminate your account at any time, subject to any restrictions regarding termination of your account related to the Services or any products you have agreed to, by providing us written notice at StakeholderServices@DataMNC.com.

Please note that if you wish to remove DataMNC from your mobile devices, then you may delete the mobile app, howeverthat will only delete your data on your device. If you want to delete your account, follow the instructions in the priorparagraph.

Any provision in this Agreement that by its nature should survive the termination of your license to access the Services or any termination of the Agreement (including, without limitation, provisions governing arbitration, indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any termination.

Changes to Agreement

You agree that DataMNC may, at its sole discretion, modify this Agreement at any time without notice by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Agreement are posted on the Services (“Effective Date”). By registering for, accessing, or using the Services after the Effective Date you agree to the modifications and to the Agreement as modified. If you do not accept the modifications, your sole remedy is to cease all use of the Services. 

How to Contact Us

DataMNC welcomes communications regarding Services.   

Stakeholders please contact us at StakeholderServices@DataMNC.com.

Companies featured in Services please contact us at CompaniesValidation@DataMNC.com

Miscellaneous

This Agreement may not be transferred or assigned by you without DataMNC’s prior written consent. DataMNC may assign or transfer this Agreement to its affiliates or concerning a merger, sale, reorganization, or other change of control. DataMNC’s affiliates, contractors, and service providers may exercise DataMNC’s rights or fulfill its obligations under the Agreement. Waivers must be in writing and no waivers will be implied. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. This Agreement is the final, complete and exclusive agreement between you and DataMNC relating the Services and supersedes all prior or contemporaneous understandings and agreements relating to this subject matter, whether oral or written. Headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.