Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with ReportingMonster (the “Service”) operated by ReportingMonster (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using ReportingMonster (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or 6-month basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ReportingMonster cancels it. You may cancel your Subscription renewal by logging into PayPal or by contacting the ReportingMonster customer support team. Please allow 1-3 business days for cancellation to be processed when contacting the customer support team. When you cancel your monthly plan, you will keep your current plan until it expires, but you will not be automatically charged for the next month. When you cancel a 6-month plan, you can receive a partial refund if you cancel within 14 days of starting your plan. After 14 days, you will keep your current plan until it expires, but you will not be charged after that.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ReportingMonster with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ReportingMonster to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ReportingMonster will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. In the event that ReportingMonster does not receive a manual payment within five (5) business days of the issuance of the electronic invoice, ReportingMonster reserves the right to unilaterally suspend the service without notice.
2. Fee Changes
ReportingMonster, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ReportingMonster will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by ReportingMonster on a case-by-case basis and granted at sole discretion of ReportingMonster. For refund requests, please email support [at] reportingmonster.com.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.
5. Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, code or underlying intellectual property are the property of ReportingMonster and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of ReportingMonster or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
You agree to indemnify, defend and hold harmless ReportingMonster, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
8. Limitation Of Liability
ReportingMonster, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Disclaimer And Non-Waiver of Rights
ReportingMonster makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any state in the United States. In such cases, the state law shall apply to the extent necessary.
ReportingMonster its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and ReportingMonster chooses not to immediately act, or chooses not to act at all, ReportingMonster will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. ReportingMonster does not waive any of its rights. ReportingMonster shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, (i) the remaining provisions shall continue to be valid and enforceable; or (ii) if by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11. Binding Arbitration/Dispute Resolution
In the event of any disagreement or dispute concerning this Agreement, ReportingMonster and you shall exercise reasonable efforts to resolve the matter amicably. Failing that, except for Small Claims Court cases, any claim arising out of this Agreement, irrespective of legal theory, must be decided by binding Arbitration under California law and not by lawsuit or resort to court process, except as California law provides for judicial review of Arbitration proceedings. YOU UNDERSTAND THAT YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL, AND INSTEAD ACCEPT THE USE OF BINDING ARBITRATION. Any dispute which may arise with respect to this Agreement, without limitation, will be resolved pursuant to the laws of the State of California. The forum for venue for the resolution of such dispute shall be proper only within the County of San Mateo, California.
ReportingMonster reserves the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
13. Contact Us
If you have any questions about these Terms, please contact us at support [at] reportingmonster.com.