Terms of Service

Last Updated: August 26, 2014



Welcome to your mentoring program built on the MentorMe (“MentorMe”) mentoring platform. On this website, or any related sites, mobile sites and mobile applications (the “Site”), you will engage in mentoring activities as an organization, mentor or mentee, which will enhance your and your organization’s knowledge, talents, and successes (the “Purpose”). Your use of the Site and any services provided herein are conditioned upon your acceptance without modification of these terms and conditions and all other rules, policies, and procedures that may be published on this Site or otherwise communicated to you (together, the “Terms of Service”).

By using the Site, you agree to comply with the Terms of Service. If you do not agree to the Terms of Service, you must terminate your use of the Site immediately.

MentorMe may modify the Terms of Service from time to time and such modifications, additions, or deletions (the “Amendments”) will be effective immediately upon posting on this Site or the MentorMe site. Your continued use of the Site shall constitute your acceptance of all such Amendments.

Eligibility:

The Site is intended for use of minors under the age of 18. If you are under 18 years of age, you may not register, use or access the Site without parental consent. Moreover, users under the age of 13 must have had a parent or guardian execute MentorMe’s Parental Consent in compliance with the Child Online Privacy Protection Act.

Privacy Policy:

Your use of the Site is conditioned upon your consent to the MentorMe Privacy Policy located here. The Privacy Policy provides information on how MentorMe collects, uses, and discloses the information it collects. You represent and warrant to MentorMe that you have read the Privacy Policy and consent to MentorMe’s use of your personal information as provided therein.

Use of the Site:

Conditioned upon your compliance with these Terms of Service, MentorMe grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to use the Site solely for the Purpose. MentorMe reserves all rights not expressly granted herein. This license does not include or authorize, and you agree to refrain from: (a) any resale or commercial use of the Site (i.e. buying or selling any products or services through the Site) or the content therein; (b) the download or collection of any user listings, picture, profiles, ratings or descriptions (“User Information”) other than for the Purpose; (c) the use of any User Information, except as expressly permitted on the Site; (d) the distribution, public performance, or public display of any Site content; (e) use of any data mining, robots, spiders or similar data gathering or extraction methods; (f) decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code for the Site or any software associated with the Site; (g) interfering with or disrupting the Site or any other user’s use of the Site; and (h) altering or removing any copyright, trademark, or other protective notices contained in or on any portion of the Site.

Any use of the Site or any content therein other than as specifically authorized herein, without the prior written permission of MentorMe, is strictly prohibited and will automatically terminate all licenses granted herein. MentorMe reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any portion of the site at any time for violation of these Terms of Use.

User Content:

This Site includes areas in which users or third parties may post, create, modify, store or otherwise provide information, materials, or other items (“User Content”). As a condition of using this Site, you represent, warrant, and covenant that all User Content is not and will not be: unlawful, libelous, obscene, threatening, defamatory, false, misleading, harassing, otherwise objectionable, or encouraging of foregoing actions, does not contain any hardware or software viruses of any kind, is not “spam” or other solicitations of any kind, does not promote or solicit involvement in or support of a political platform, religion, cult or sect, does not solicit gambling or any similar activity and does not infringe any intellectual property or privacy/publicity rights of any third parties or disseminate another person’s personal information without his or her permission. MentorMe hereby disclaims any and all responsibility and assumes no liability for any User Content posted on the Site. By submitting User Content on the Site, you grant MentorMe a non-exclusive, royalty-free, worldwide, sub-licensable, transferable, assignable, irrevocable, unrestricted, license, for the life of the relevant intellectual property right, to: reproduce, prepare derivative works of, distribute, display, publicly perform, translate, alter, edit, mutilate, (thereby waiving moral rights where possible), make, use, and sell the User Content solely for bona fide business reasons in the sole discretion of MentorMe.

We may allow certain users to share your profile information with other users and members of their social networks. By licensing your content to MentorMe, you hereby authorize the transfer of this license to such users. MentorMe reserves the right but not the obligation to monitor User Content. MentorMe will have the right to remove any User Content that in its sole opinion violates, or may violate, any applicable law or this Terms of Service. You agree to promptly report to MentorMe any violation of this Terms of Service by others.

Third Party Advice; Services; Websites:

The Site may contain advice provided by third parties ("Third-Party Advice"), and may also provide information regarding or link to certain applications, websites, or services provided or offered by third parties (collectively the "Third-Party Services"). MentorMe does not recommend, endorse, have control over, or monitor any Third-Party Advice or Third-Party Services. Therefore, MentorMe makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, safety effectiveness, accuracy, or completeness of any such Third-Party Advice or Third-Party Services or the results obtained therefrom. MentorMe assumes no responsibility or liability for any Third-Party Advice or Third-Party Services or for the actions or failure to act of those providing such Third-Party Advice or Third-Party Services. You assume full responsibility for your use of any such Third-Party Advice or Third-Party Services, and MentorMe is not responsible or liable for any Third-Party Advice or Third-Party Services.

Interactions Between Users:

You are solely responsible for your interactions (including any disputes) with other Site users (this includes any organization, mentors or mentees, as appropriate). You understand that MentorMe does not screen users and makes no representations or warranties about them. Due to this, you covenant to MentorMe that you will exercise caution, discretion, common sense, and good judgment in all interactions with other Site users. If you decide to interact with other Site users offline, you do so at your own risk. MentorMe disclaims all liability for any harm that befalls you and you expressly agree to hold MentorMe and any related individuals or companies harmless for any and all damages to you regardless of your good judgment, caution, discretion and the like.

Registration Data; Account Security:

In consideration of your use and access to the Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification (“Account Login”); (c) maintain and promptly update the Registration Data, and any other information you provide to MentorMe, to keep it accurate, current, and complete.

As a user of the Site, you will create only one unique profile and agree to use the Site solely for the Purpose. You may not impersonate or otherwise misrepresent affiliation, connection or association with any person or entity. By using the Site, you represent and warrant that you have never been convicted of a felony or are not required to register as a sex offender with any government entity. MentorMe reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

You shall accept all risks of unauthorized access to the Registration Data and any other information you provide to MentorMe. In addition, you shall take full responsibility for any conduct or actions taken or damages caused under your Account login. You agree not to access, use, or attempt to access or use, the Site, any services provided using the identity or the Registration Data of any person other than you.

Indemnification:

You agree to indemnify, defend, and hold harmless MentorMe, its affiliates, officers, directors, employees, or anyone else related to MentorMe against any and all claims, losses, liabilities, damages, costs, or expenses from all lawsuits or causes of action arising out of or related to breach of any representations, warranties, covenants, or any other terms contained in this Terms of Service. You shall employ legal counsel to defend such suit or action at your expense. MentorMe shall have the right to approve such counsel, but MentorMe shall not unreasonably withhold its approval.

WARRANTY & DISCLAIMER:

THIS SITE, AND ALL CONTENT AND FEATURES CONTAINED HEREIN, ARE PROVIDED “AS IS” AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. ADDITIONALLY, MENTORME SPECIFICALLY DISCLAIMS, TO THE EXTENT ALLOWED BY LAW, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, OR ACCURACY OF ANY RESPONSES OR RESULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW. MENTORME MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE USE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY:

IN NO EVENT WILL MENTORME, ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, LICENSORS OR ANY OTHER RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF MENTORME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MENTORME'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO MENTORME IN THE LAST 12 MONTHS OR ONE HUNDRED U.S. DOLLARS ($100).

Copyright Protection:

The Site and the content contained herein are protected under United States and International Copyright laws. As such, except as expressly authorized in writing by MentorMe or MentorMe’s licensors, any reproduction, creation of derivative works, distribution, display, public performance, translation, or alteration of this Site or the content contained herein is strictly prohibited. Additionally, you agree you will not delete or in any manner alter the copyright notices or markings appearing on this Site.

Trademark Protection:

“MentorMe,” its logo, slogan, or any other source-identifying information (the “Marks”) are trademarks of MentorMe. No third party shall use these Marks, or any other trademarks, slogans, or logos which are likely to cause confusion with MentorMe’s Marks, to mislead consumers about the origin of the third party’s goods or services, or to signal MentorMe’s affiliation with, or sponsorship of, such third party’s products, services, websites, or companies. Additionally, MentorMe strictly forbids the use of “frames,” framing techniques, meta tags, or any other “hidden text” utilizing the Marks. You agree you will not delete or in any manner alter the trademark notices or markings appearing on the Marks. Any MentorMe use of third party trademarks are intended as “fair use” and MentorMe has no intention whatsoever to trade off the goodwill developed by unaffiliated third parties.

Termination:

This Terms of Service will become effective upon your registration or use of the Site and will remain in effect in perpetuity unless terminated hereunder. You may cancel your registration or subscription at any time during the term of such registration or subscription. In such case, your subscription will terminate at the end of the subscription term for which you have paid, if applicable, and you will not receive any refund for any unused portion of such subscription term. If you do not have a paid account, your termination will take effect immediately. Following termination of any user account, MentorMe reserves the right to send a notice to other users with whom you have interacted on the Site or otherwise.

Dispute Resolution, Injunctions, & Governing Law:

These Terms of Use shall be construed and enforced in accordance with the laws of the state of Tennessee (other than its conflicts of law provisions). EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this paragraph is a material inducement for the other party to enter into this agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with this agreement must be filed within one calendar year after such claim or cause of action arises, or forever be barred. For any claims against MentorMe filed in a contrary manner to this Terms of Service, you agree that MentorMe may file a claim to recover attorneys’ fees in a court of competent jurisdiction.

You acknowledge and agrees that any breach of this Terms of Service would cause irreparable harm to MentorMe for which an award of money damages alone would not be an adequate remedy. You therefore agrees that MentorMe shall be entitled to specific (compelled) performance and immediate preliminary and permanent injunctive relief without bond, without the need of proof of actual damages, and without prejudice to any other rights or remedies to which MentorMe may be entitled as a result of a breach of this Terms of Use.

MentorMe shall be entitled to reasonable attorney’s fees and costs incurred by it in enforcing its rights under this Agreement. Nothing in this Terms of Use is intended to or shall be interpreted as diminishing or otherwise limiting MentorMe’s rights under applicable law.

Communication Via Email:

You agree and consent that all electronic communications via email or postings on this Site satisfy any writing requirements under the law. Such communications may pertain to: agreements between MentorMe and you; notices to you about security issues; our Privacy Policy; mandatory disclosures; or any other matters MentorMe deems important.

Geographic Limitations.

The Site and any related services are intended for use in the United States. You will only use the Site in a manner consistent with this Terms of Service and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Site are void where prohibited. You are responsible for determining whether the user of the Site is legal in your jurisdiction.

Entire Agreement & Severability:

This is the entire agreement between MentorMe and you and supersedes any prior written or oral agreements. If any provision of the Terms of Service becomes invalid, illegal, void, or unenforceable under any applicable law, each such provision shall be deemed amended to conform to applicable law; or, if it cannot be amended without materially altering the terms of this Terms of Service, such provision shall be deleted. Additionally, the failure of MentorMe to enforce any right or provision of this Terms of Service does not constitute a waiver of that right or a waiver of future enforcement.