Wherever we use the words “user”, “users” or "you”, it shall be defined as Customers, Mentors, or any person or entity who browses, uses, or submits any material or content to the Company or the App or Site.
THE ME.MENTOR PLATFORM
The Company provides this App and Site to users seeking career and education consulting services ("Customers") and to users who want to use the service to provide career and education consulting services ("Mentor(s)", and to any other individual on whose behalf users are accepting these Terms.
"Customers" shall include users who access the site for any reason, including users who create Customer accounts, contract for, receive and/or pay for services through the App or Site. We will deem this agreement to have been made between the Company and you, and we will deem you to have accepted them by:
Admitting that you agree with these Terms; and/or
Using the App or Site in any manner; and/or
Creating a Customer or Mentor account; and/or
Contracting for consulting services through the App or Site.
Where any condition of these Terms is adjudged by any law as invalid, unenforceable, or illegal, both Company and you agree that a new condition will be used to replace the invalid condition. The new condition will be one that achieves the original purpose of the replaced provision. All other terms will remain valid and enforceable.
PLATFORM AND SERVICE DESCRIPTIONS
The App and Site offer a platform that allows Customers seeking education and career consulting services to connect with Mentors wanting to provide such services. Mentors are independent service providers whom we have given the permission to create service listings on our platform. The Mentors are compelled to use our site or App – offering appointment scheduling, video chatting, instant messaging, document sharing, and payment processing functionality – to perform services, along with any additional tools or resources the Mentors deem necessary or appropriate for ethically, effectively, and efficiently performing services through the Company’s web and app platform.
Mentors create their own listing(s) on the Company’s website, set their own work schedule, and set their own individual and/or package service price(s) within any or all client categories (“Mentee Categories”) for which they are authorized and approved by the Company. Mentee Categories currently include:
Current High School Students
Current Undergraduates or Early Career Professionals
Prospective PhD, JD, or MD/DO Candidates
Mentors operate within one of the Company’s Service categories (“Contractor Services”), but they have agency to decide the specifics of their service offerings within each service category. The main service categories currently offered by the Company, under which Mentors can create listings and provide services to Customers within the marketplace, include:
Written Story Evaluation
Spoken Story Evaluation
Mentors are not our employees, but they have our permission to utilize the Company’s platform to connect with Customers within the Company’s Mentee Categories for which the Mentors are authorized and approved by the Company, as well as to provide services to Customers through any or all of the Company’s service categories in a manner that the Mentors see fit and that are compliant with these Terms and the Mentors’ Independent Contractor Agreements.
Customers also understand that communications with Mentors should occur, payments for Mentors’ services should be processed, and Mentors’ services should be rendered though the Company’s App or Site. Any attempt by User(s) to circumvent these processes will result in the User’s/Users’ removal and banning from the Company’s platform, and will entitle Company to pursue legal recourse for losses sustained through acts of circumvention by User(s).
Customers should carefully review each Mentor's alleged experience, education, credentials, and prices to inform their hiring decision. Customer understands that Mentor will offer career and education advice and guidance based on the individual Mentor's knowledge, skills, and experiences and their perspective on the Customer’s knowledge, skills, experiences, and other information communicated to them by the Customer through services. Under no circumstances will we be liable for any advice or services provided to customers by Mentors through the Site or App, nor is the Company liable for how Customers choose to use any advice or information provided through Mentor services.
All Customers agree to be fully and solely responsible for assessing any advice that a Mentor providers. Any decision or course of action taken by any Customer in reliance on any Mentor-provided advice is taken at the risk of such a Customer.
Neither the Company nor the Mentors are representing that any advice or Service offered and gotten through this platform will assist in or guarantee job interviews, job offers, admission interviews, or offer of admission into any academic program.
Mentors will not write essays, cover letters, or resumes or complete any applications on behalf of the Customer, and Customers bear the full responsibility for completing and writing their application materials.
AVAILABILITY OF SERVICE
The company has appointed several agents who manage our Site and App from several locations. While we do all we can to ensure that all users from around the world can access and use our services, we are not guaranteeing that our Services will be suitable or available for use in your particular location.
Where you are able to use our service in your location, the service you access may be different from the service available in other locations.
Furthermore, while we will do all we can to communicate with users through the App or Site’s email and messaging system, we are not guaranteeing the delivery of all messages.
NON-MEDICAL AND NON-MENTAL HEALTH COUNSELING SERVICES DISCLAIMER
You accept that the Company does not offer medical or mental health counseling services. While some Mentors may have licenses or other credentials in the medical and counseling fields, we have not given them our permission to use the App or Site to provide such services. Under no circumstances must you interpret any service offered on the Site or App as medical advice or psychological counseling.
PROFESSIONAL CONDUCT AND ACADEMIC HONESTY POLICIES
We provide our services simply for the purposes of knowledge facilitation. For this reason, all Customers accept not to ask or induce any Mentor to complete applications or write projects or assignments on their behalf.
No Customer may, under any circumstances, use the Me.Mentor service to breach any professional conduct policies or academic honesty policy of their employer or institution, whether current or desired.
USER REPRESENTATIONS AND ELIGIBILITY
As a user of the Me.Mentor platform, you hereby make the following representations;
That you are legally of age and have the ability to agree to these Terms. Alternatively, you must have a parent or guardian sign and share the Company’s minor consent form with Mentor through platform’s messenger system. Under this arrangement, your parent or guardian must confirm their consent through a video call with the Mentor before payments are processed and/or services are rendered;
That you will provide complete, current, and accurate information about yourself in Company registration form(s), platform dashboard(s), platform bio(s), platform service listing(s), and anywhere else on the Site or App where personal information is required;
That you will always keep your log in details, including user names or passwords safe;
That you have the authority, power and capacity to enter into this agreement with us, and that you will fully comply with its provisions;
That you will maintain and promptly update personal information and any other details that you make available to us, to keep it complete, current and accurate;
That you will accept all the risks of unauthorized access to information and other data; and
That you will only use the Site or App in compliance with all applicable regulations and laws.
By using the App and Site, you accept that Company may rely on your representations and eligibility warranties. You are guaranteeing that all representations made by you are accurate.
You also accept that we may, using our discretion only, occasionally review and update our Eligibility Conditions. Your recourse to any eligibility conditions reviews and updates that you find unacceptable is to stop using the Site and App.
The Me.Mentor platform allows users to make Content available through the Platform. Any user who chooses to so provide Content through the Services must adhere to the following rules in the provision of such Content:
The content must not contain any personal details that you are not allowed to reveal;
Your provided Content must not be inappropriate, untrue, harmful, obscene, ethnically- or religiously-divisive, controversial, pornographic, racist, or humiliating to any other user of the Services;
Your content must not be in violation of or breach a third party’s intellectual property rights;
Your Content must not contain third-party commercial advertisements;
You accept that we have the authority to delete, edit, or modify (whether in full or in part) any Content that we in our opinion determine to be in breach of these Terms, or for any other reason that we deem necessary.
By providing any Content through the Site or App, which includes but is not limited to Content which is directly uploaded by you or submitted by you to Me Mentor, LLC’s owner or marketing department, you hereby grant to us the worldwide, royalty-free, transferable, non-exclusive, perpetual, and irrevocable license to view, access, broadcast, stream, transmit, publicly perform or display, transfer, sell, license, distribute, modify, adapt, copy, use, sublicense or use any content submitted to us.
You bear sole responsibility for all content that you provide through the Site or App. You are representing that:
You are the sole proprietor of all provided Content or that you have been granted all consents, licenses, rights, that are required for you to grant us the rights in such Content; and
Neither the Content nor your provision of it or the Company’s use of your Content (or any portion thereof) on, through or by means of the Site or App will violate, misuse or breach the intellectual property rights of a third-party including trade secret, proprietary, moral rights trademark, copyright, or patent rights.
We may edit, summarize, proofread and/or delete your Content (even though we are not obligated to do so) and you understand that you have the sole responsibility of monitoring your Content and ensuring that such edited Content is accurate and consistent with your representations and warranties in these Terms.
MENTORS’ PROFILE/LISTING INFORMATION
Mentors using the platform to provide services will be required to set up a profile and service listing(s) on the Site or App that will allow such Mentors to be connected with Customers.
The information required to set up such profiles and service listing(s) may include the Mentor’s personal details such as full name, profile picture, country, and state of residence.
It may also include educational and proficiency information such as certifications, background experiences, language proficiencies, academic and/or career accomplishments, biography, linked articles, test scores, testimonials, reviews, video submissions, and website posts.
All Mentors explicitly agree to the Company’s distribution of Mentors’ profile information in any way or manner, including but not limited to Customers and/or for marketing purposes.
It is important that all users of the Me.Mentor platform conduct themselves on the Platform in the most professional manner possible. We ask that you use the Site and App in a manner that is lawful, relevant and proper.
In your use of the Platform, you agree to adhere to this code of conduct:
Your use of the Site or App must not violate any international, national, state, or local law;
You are not to upload files containing material or software breaching any third-party rights, including but not limited to rights of privacy or publicity or intellectual property rights;
You are not to upload files containing corrupted files, cancel bots, spiders, time bombs, worms, Trojan horses, viruses, or any other technologically injurious software, material or malware to the Platform;
You are not to damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any computer system, network or device connected with the Me.Mentor Site or App;
You are not to impersonate another individual in your use of the Site or App;
Under no circumstances are you allowed to allow another person or company to use your membership, user name, or password;
You are not allowed to download any material that another user has posted that you know, or should have a reasonable knowledge of the fact, that such cannot be distributed legally through the Site or App;
You may not, in your use of the Platform, threaten, stalk, harass, harm, defame, or abuse another Platform user;
You may not use the Platform to overstep any other person’s lawful rights, which without restriction includes the rights of publicity and/or privacy;
Do not spam or repeatedly post the same content;
Do not act in any way that undermines any aspect of the Site or App;
Where we have labeled some portions of our Site or App as restricted, you are not allowed to attempt to access such restricted areas without our express authorization. This includes, without limitation, other User accounts, networks, computer systems or other devices that are in any way connected to the Site or App;
Do not act in any way that restricts or inhibits any other user’s enjoyment of and satisfaction with the Site or App;
You are not allowed to promote or make available for sale any services or goods for any profit-making purpose on the Site or App that are not appropriate or relevant to the Site or App;
Do not use automated means including but not limited to harvest bots, computer programs, hacking devices, scrapers, or spiders to download or access any content from the Site or App;
Do not intentionally introduce software viruses or any other injurious software, programs, files or code that have been created to limit, destroy, or interrupt the functionality of any computer hardware or software or telecommunications equipment; and/or
You are not allowed to reproduce, duplicate, copy, sell, or exploit any material, content or information from the Site or App.
We will take any improper use of the Me.Mentor App or Site as adequate grounds for our suspension or termination of your user account.
We may do this with or without notifying you.
SPECIFIC CONDITIONS FOR CUSTOMERS
All Customers agree that:
You and no one in your home whom you have given access to your account has ever been subjected to any legal action (including without limitation a restraining order or a complaint) involving larceny, fraud, neglect, abuse, or violence, or any crime involving the endangerment of others’ safety;
You and no one in your home whom you have given access to your account has ever been convicted of any felony including but not limited to domestic violence, child abuse, or sexual crimes; or has at any time been mandated to register as a sex offender under any jurisdictional law; and
You and no one in your home whom you have given access to your account, has ever been charged with any kind of misdemeanor or felony charges, including but not limited to domestic violence, child cruelty, or sexual crimes.
SPECIFIC CONDITIONS FOR MENTORS
All Mentors agree that:
The Company may require (but is not obligated to ask) Mentors to agree to a background check which may include but is not limited to, conducting credit checks, criminal background checks, identification verifications, sexual offender registry checks, education verifications, prior employment verifications, motor vehicle records checks, and/or social media & internet checks.
Mentors agree to any collection, use or release in order to accomplish such verification.
AUTHENTICATION REPORTS FROM THIRD PARTIES
Using our discretion, we may make use of the services of third-party consumer reporting agencies that carry out identification verifications, motor vehicle records checks, credit checks, sex offender registry checks, and criminal background checks, amongst other checks and verifications ("consumer reports").
We do not in any way represent, warrant, or endorse the dependability of such consumer reports or the completeness, timeliness, or accuracy of the information contained in the consumer reports, as we do not independently authenticate any consumer report information.
Your use of the Site or App means that you are consenting to how we collect, use, and disclose any information contained in any consumer report. You are agreeing that we, using our discretion only, may revise and depend on any consumer report information to determine the suspension or termination of a user account or to carry out investigations on any user. However, we will not bear any liability in the event that any consumer report information is inaccurate, untimely, or incomplete.
Where you are the subject of an incorrect consumer report, you have the responsibility of contacting the applicable third party to contest the completeness, timeliness, or accuracy of your information.
We reserve the right to terminate and/or suspend any user account, on the basis of any consumer report information, or for any other reason in our sole discretion.
For purposes of clarity, the Company does not and is not under any obligation to carry out any background check on its Customers. You also understand and agree that the Company does not deny or confirm the authenticity of User-provided information (other than the consent of a parent or guardian of a minor) and that we do not validate or authenticate that our users have met all or any of our Eligibility Conditions.
You have the sole responsibility of assessing each user and making your own decision about which person to engage. You bear full responsibility for conducting any reference or background checks on any user you engage through the use of the Site or App.
We fully disclaim, and you explicitly release us from, all and any liability that may arise in whatever form from damages, injuries, suits, claims, or controversies, connected in any way to any incompleteness, untimeliness, or inaccuracy pertaining to a User's Eligibility Conditions and/or user’s misrepresentations or misstatements.
We reserve all of our rights under the Communications Decency Act, which without restriction includes our right to delete all objectionable materials, using our discretion only. Additionally, we have the right to remove access from any Customer or Mentor at any time and for any reason.
Please email us at firstname.lastname@example.org for any suspected improprieties by any User.
You recognize and acknowledge that, as a result of your interaction with us, you may be made aware of, come into contact with, help develop copyright or other information, or obtain access to or possession of knowledge, information, business methods, techniques, customer or client lists, identities, addresses, contact information, essays, resumes, cover letters and other letters, files, records, marketing information, trade secrets, technical information and other information, which may be written or oral, relating to both the Company's business and its clients' business (or personal information) (hereinafter "Confidential Information").
User agrees that the Confidential Information so obtained is strictly confidential and proprietary in nature. User recognizes and acknowledges that the Confidential Information is information which is known by the Company, but is not readily available to the general public or competitors; that the Confidential Information is unique and has substantial value to the Company; that the Company has expended financial resources and other efforts to obtain the Confidential Information; and that the Company has taken certain measures to guard and protect the secrecy of the information. For the period of this engagement and at all times afterwards, and except as otherwise required by law, user agrees not to disclose to anyone other than an authorized Company representative any Confidential Information including, but not limited to:
The names or contact details of any of the Company's customers or clients except as may be necessary in providing the Contractor Services;
The names or contact details of any of the Company's current, past or prospective customers or clients;
Personal information provided by the client in connection with the Contractor Services;
Any other information concerning the business, business services, business products or business operations of the Company, including its manner of operation, its plans, policies, or systems, its vendors, its suppliers, its advertising and marketing, or any other information of any kind, nature, or description which is proprietary business information.
All records, files, customers lists, reports, types of business services, types of business products, accounts, books, papers or documents relating in any manner to the Company's business, customers, vendors, services, products or suppliers, whether prepared by the Mentor, the Company, or anyone else belong exclusively to the Company, and shall be immediately returned to us upon termination of the Mentor’s Independent Contractor Agreement or upon the our request at any time.
You will not be subject to this confidential information policy where you are able to establish that:
You already had access to the information before we disclosed it to you;
The information becomes publicly available through no omission or act by you, or otherwise without the breach of the Terms;
The information was disclosed to you by a third party who had the right of disclosure;
You independently developed the information without the use of Confidential Information and without the involvement of persons who have had access to it, or
You disclosed the confidential information in compliance with a valid governmental or legal order, or as required to establish the rights of either party under this agreement and as revealed after giving us adequate prior notice so that we had the chance to object to the disclosure.
Mentor’s confidentiality obligation includes the provisions of this Section in conjunction with the confidentiality provisions of their Independent Contractor Agreement with the Company.
PAYMENT AND BUSINESS TRANSACTION TERMS
You are agreeing to abide by Company’s Mentor and Customer payment policies. You are agreeing to pay all service associated costs to the Company, which may without limitation include:
Mentor’s fee rate;
Any applicable sales, use or excise taxes.
Customer payments to Mentor are to be made before services are rendered, and they are to be made using Company’s third-party invoicing function on the Site or App. Invoices are to be sent by Mentor to Customer and are to reflect the service(s) and price(s) agreed upon by the Mentor and Customer.
Prices offered on the Site and App are in US dollars and are to be paid in this currency’s rate. Payment may be made by credit card, debit card, or any other such method as Company may introduce at is absolute discretion. To maximize security, Customer credit/debit card details are held by Company’s third-party payment provider and are not held by Company or Mentors.
NONCIRCUMVENTION AND NONSOLICITATION
You accept that we receive a commission fee on fees charged by Mentors for their services through the App and Site, and that Users receive substantial value from using our Site or App to receive or provide services. However, we only receive a commission when a Customer pays and a Mentor receives payment through the App or Site. Therefore, Mentors and Customers agree to use the App or Site as their exclusive method to request, make, and receive all payments for work or services with each other sourced directly or indirectly through the App or Site and not to circumvent the payment methods offered on the App and Site.
Mentors agree not to take any action to solicit or induce any Customer or prospective Customer accessing the Company’s website to engage with Mentors for services other than through the Company website or app or otherwise circumvent or divert the Customer interaction, service selection and delivery, or payment protocols through means or channels other than through the Company’s website or app and consistent with the Terms and the Independent Contractor Agreement.
In the duration of this agreement, and for 12 calendar months afterward, Mentors agree that they will not, directly or indirectly, either for a Mentor, Customer, or for any other person, firm, corporation, partnership, limited liability company, association or entity (other than the Company) solicit or call upon any Customers sourced or originating through the Company’s website for services similar to the Contractor Services provided for such Customer and other related services which are in any manner competitive with services rendered by the Company; or accept any business from any Customer of Company which are in any manner competitive with services rendered by the Company, or divert from the Company or take away from the Company any of the Customers of the Company for client services which are in any manner competitive with services rendered by the Company; or induce any Customer to stop doing business with us and to engage in consulting or other related services which are in any manner competitive with services rendered by the Company.
In the duration of this agreement, and for 12 calendar months afterward, Mentors and Customers further agree that they will not, directly or indirectly, for themselves or any other entity, solicit, hire or entice any other Mentor of the Company to work for Mentor or Customer or any individual or organization which is engaged in any business which is directly or indirectly in competition with the Company.
You agree to notify the Company immediately if a person suggests to you making or receiving payments other than through the App or Site in violation of this Section, if a person suggests that you violate this section in any way, or if you receive unsolicited contact outside of the App or Site by users of the Company’s App or Site. Where you become aware of a violation or potential violation of this non-solicitation and non-circumvention agreement, please submit a confidential report to the Company at email@example.com.
Refund requests from Customers must be in writing and emailed to firstname.lastname@example.org within fifteen (15) days of the date of service and/or the deliverable due date between the Customer and the Mentor. You must submit your refund request alongside a copy of your payment receipt (a screenshot will suffice), the date and time of the transaction, the name of the Mentor whose services you engaged, and a description of the reason for the refund request. The Company shall review the refund request in consultation with the Mentor and determine whether a refund is appropriate. The status of a refund will be reported in writing via email to the requesting customer. Refunds approved by the Company shall be reimbursed directly to the Customer.
THIRD PARTY ADVERTISEMENTS, PROMOTIONS AND CONTENT
Where any third party is allowed by the Company to run advertisements and promotions on the Site or App, you agree that you correspond with them, enter into business with, and participate in their promotions at your own risk, and without any liability on our part. Under no circumstances will we be answerable for any hurt, damage or loss that you may suffer as a result of our provision of such non-Company advertisers on the Site or App.
Where we provide hyperlinks to other websites and resources not under our control, you use such hyperlinks and access such third party’s websites and resources at your own risk. Under no circumstances will we be answerable for any hurt, damage or loss that you may suffer as a result of our provision of such hyperlinks on the Site or App.
SERVICE PROMOTIONS, DISCOUNTS, SCHOLARSHIPS
The Company will periodically sponsor promotions, discounts or scholarships (together, “Promotions”) for Customers. Mentors are encouraged, but not required, to participate in Company Promotions. Mentors who choose to opt in to a Promotion will be provided with information to add to their profiles/listings indicating to Customers their participation in the Promotion. All Promotions will have a limited duration and a fixed termination date. Mentors will be notified when the termination date has arrived so that Mentors who have elected to opt in will be reminded to update their profiles/listings, as applicable. No Mentor is under any obligation to offer any promotions, discounts or scholarships at any time, nor is the Company responsible for any promotions, discounts or scholarships Mentors provide or do not provide, opt-in to or opt-out of, or participate in or do not participate in.
The Company encourages Mentors to from time to time offer their own free or discounted services, at the Mentors’ sole discretions, to low-income or unemployed Customers on the Company’s platform, or to other Customers on the platform for charitable purposes. The Company is not responsible for how Mentors set any rates associated with their services. Mentors will provide quarterly reports to the Company of each discount, scholarship or free service they have provided to Customers within each Mentee Category, along with a general description of the context of each discount or scholarship (i.e., low income, charity, unemployed, Promotional, etc.), and excluding identifiable customer information. This information will be used to develop a Benefit Report for publication by the Company to the public communicating the Company’s progress towards achieving its social mission.
INTELLECTUAL PROPERTY RIGHTS
You may not create derivative works, transmit, download, republish, frame, mirror, distribute, sell, loan, lease, rent, reproduce or modify, any user content; or reverse engineer, decompile, or modify any software that we disclose to you; or modify or remove any notice of ownership, including trademark and copyright notices.
"Company Trademarks" encompasses all slogans, icons, trade dress, designs, logos, brands, marks, names, and other descriptions that we use in relation to our services. You are prohibited from removing or altering any Company Trademarks without our prior written consent; and may not incorporate the Company Trademarks into your domain names, internet addresses, company names, service marks, trademarks, or any other similar descriptions.
We reserve all of our common law and statutory rights against any violator of this section.
You only have our permission to download, distribute, copy, and display any of our Content where you add a permission notice to use such content, use the content for personal use only and not for commercial purposes, and make no alteration to the content. Under no circumstances can you copy or post such content on any networked computer.
SUSPENSION AND TERMINATION
Where we decide, in our sole discretion, to terminate or suspend your access to the Site or App (which we may do with or without reason), you are prohibited from making any further use of the Site or App.
DISCLAIMERS/LIMITATION OF LIABILITY
YOU USE THE SITE AND APP AT YOUR OWN RISK. WE MAKE AVAILABLE THE SITE AND APP AS IS, AND FULLY DISCLAIM ALL DIRECT OR INDIRECT WARRANTIES WHICH WITHOUT RESTRICTION INCLUDES INDIRECT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR MERCHANTABILITY. WE DO NOT REPRESENT AS TO THE COMPLETENESS, ACCURACY, TRUTH, SUITABILITY, QUALITY, AND USEFULNESS OF THE SERVICE.
WE DO NOT REPRESENT THAT THE SERVICE WILL BE ERROR-FREE, TIMELY, OR UNINTERRUPTED; THAT THE QUALITY OF MENTOR-PROVIDED MATERIAL, SERVICE OR INFORMATION WILL BE UP TO YOUR EXPECTATIONS; THAT WE WILL CORRECT ANY DISCOVERED RESULTS; OR THAT THE OBTAINABLE RESULTS FROM THE USE OF THE SERVICE WILL BE RELIABLE OR ACCURATE.
YOU WILL BE RESPONSIBLE FOR ANY DAMAGES SUFFERED BY YOUR COMPUTER (INCLUDING FROM COMPUTER VIRUSES) AND FOR ALL LOSSES OF DATA RESULTING FROM DOWNLOADING CONTENT FROM THE APP OR SITE.
WHILE WE OFFER A SERVICE WHERE SEEKERS AND PROVIDERS OF CAREER AND EDUCATION CONSULTING SERVICES CAN CONNECT, WE HAVE NO CONTROL OVER ANY USER’S OMISSIONS OR ACTS AND WE MAKE NO REPRESENTATIONS AS TO THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. WE WILL NOT BE ANSWERABLE FOR THE CONDUCT OR PERFORMANCE OF ANY USER, AND WILL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, SUITS, OR CLAIMS ARISING FROM ANY USER’S USE OF THE SERVICE.
EXCEPT TO HELP FACILITATE TRANSFERS AND PAYMENTS, AND TO PROVIDE A PLATFORM TO FACILITATE THE ORGANIZATION, MANAGEMENT, AND DELIVERY OF SERVICES, WE ARE NOT INVOLVED IN ANY USER INTERACTIONS, AND WILL NOT BE ANSWERABLE FOR ANY DAMAGES, INJURIES, SUITS, OR CLAIMS ARISING FROM ANY USER INTERACTION.
TO THE GREATEST DEGREE ALLOWABLE BY LAW, WE WILL NOT BE ANSWERABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF ELECTRONICALLY TRANSMITTED ORDERS, DATA, USE, GOODWILL, PROFITS, REVENUE, OR BUSINESS CONNECTED WITH ANY USER’S USE OF THE SITE OR APP, EVEN IF WE HAVE BEEN INFORMED OF THE PROBABILITY OF SUCH LOSSES OCCURRING.
WE WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY USER AS A RESULT OF (A) THE USE OF OR THE INABILITY TO USE THE SITE OR APP; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR APP; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR APP, INCLUDING BUT NOT LIMITED TO UNSANCTIONED ACCESS TO OR MODIFICATION OF DATA OR TRANSMISSION, CRIMINAL OR MALICIOUS BEHAVIOR, OR FRAUDULENT OR FALSE TRANSACTIONS; OR (D) INFORMATION OR CONTENT USERS MAY ACCESS, UTILIZE, CHANGE, OR TRANSMIT.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY TO YOU EXCEED $100 OR THE AMOUNT YOU PAID US, WHICHEVER IS LESS.
ASSUMPTION OF RISK
All risks associated with the use of the Site or App shall be borne by all users. You hereby agree to take all precautionary measures possible in your interaction with other Users.
You agree that you will give us your cooperation in the defense of any such claims, which we will assume exclusively.
All California residents waive California Civil Code Section 1542, which states that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
YOU AND THE COMPANY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Company will provide such notice by e-mail to your e-mail address on file with Company and you must provide such notice by e-mail to email@example.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Company and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and the Company, or, in the absence of such agreement, at a location determined by the Company in Little Rock, Arkansas.
The Company and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither the Company nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).
In such an instance, you are agreeing that The Company will be eligible for a permanent and preliminary injunction or any other reasonable relief in addition to all remedies and rights available to us at law.
You thereby waive any requirement for the posting of a security such as a bond if we seek such an injunction.
We may provide notice to you by posting notices on the Site and/or App or through regular mail or email.
AMENDMENT OF TERMS
We may at any time amend these Terms by posting the revised terms on the Site and App.
MODIFICATION AND TERMINATION OF SERVICES
We may at any time review, terminate or suspend the services whether in full or in part without notice. We will not be answerable for any such reviews, termination or suspension.
These Terms are governed by the laws of the State of Arkansas, and all lawsuits will be administered by the courts of Little Rock, Arkansas without regard to conflict of law principles.
Where you believe that a Me.Mentor user has used your material or content in a manner that constitutes copyright infringement, we ask that you take the following steps so that we can address the issue in a manner that complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”). You or your chosen agent must send us a notice asking for the removal of such an infringing material. The notice must include:
Your signature or that of the agent authorized to act on your behalf. This signature may be electronic or physical;
An identification of the allegedly copyrighted work;
Enough information so that we can locate such allegedly copyrighted work;
Your contact address or that of your agent, including your name, email address, and phone number;
A good faith statement that your material or content has been used in a way not authorized by you, the law, or your agent;
A good faith statement that the information provided by you in your copyright infringement notice is accurate, under penalty of perjury.
Please send the notice to us at firstname.lastname@example.org
These Terms shall be deemed the total agreement between you and us relating to their subject matter, and supersede and overthrow all prior versions of the Terms. However, you may be subject to supplementary provisions when you use our products or services or the products and services of third parties.
Me.Mentor will not be answerable to any user for any delay or failure in performing our obligations under these terms where such delay or failure is as a result of occurrences that we cannot control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions or orders, war invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to the Company’s workforce), pandemics or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate of suitable materials, materials or telecommunication breakdown, or power outage.
ACCESS OF THE SITE OR APP OUTSIDE THE UNITED STATES
We are physically domiciled in the United States of America, and while we have made our services available internationally, we make no representations that the Site or App is appropriate or available for use outside of the United States. Those who access or use the Site or App from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the United States Department of Commerce’s Export Administration Regulations, as well as the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all necessary permissions from the relevant governmental body. You may not be prohibited from obtaining United States origin products, including services or software.
In order to access or use the App or Site or App or Site services, you must and hereby represent that you are not: (a) resident in or a citizen of a jurisdiction in which using the Site or App is illegal as per relevant law, treaty, regulation, or decree; (b) resident in or a citizen of a jurisdiction that is subject to United States or other autonomous country embargoes or sanctions; or (c) a person, or a person in the employment of or associated with any individual named on the United States Department of Commerce Denied Persons or Entity List, the United States Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the United States Department of State Debarred Parties List or otherwise ineligible to receive items subject to United States export control regulations and laws or any other sovereign nation’s economic sanction rules.
CONSENT TO USE ELECTRONIC RECORDS
In connection with the Site and App Terms, Users consent that with respect to any contracts, notices, records or communications, in writing, the Company may provide these records to you electronically instead of in paper form.
Please do not hesitate to reach out to us with your query(ies) by emailing us at email@example.com. We would love to hear from you!