Terms of Service
Acceptance of Terms of Service and Privacy Policy
In consideration for accessing and using the Mentor service, including but not limited to www.MentorHQ.com (collectively the “Site” or “Site services”), you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”), Privacy Policy and Billing Policy. These terms apply to and govern your usage of the Site and its contents.
This TOU is organized into two sections. The first section deals with general terms applicable to all users of the Site. The second section includes additional terms that apply specifically to access of secured areas of the Site (i.e., areas where a username/password are needed).
GENERAL TERMS
Modifications to Terms of Service and Privacy Policy
You understand that this TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or two (2) days after e-mail or other written notification to you, whichever comes first.
If you disagree with any modification to the TOU or Privacy Policy, you must notify Mentor (“MENTOR” or “We” or “Us”) in writing within the time period described above and immediately discontinue any Site services.
Adult Usage Only and Your Authority
In using this Site, you represent, warrant, and agree that you are at least eighteen (18) years old, possess legal guardian consent, or are otherwise able to legally enter into a contract and accept this TOU, the Privacy Policy, and Billing Policy. You affirm that you are at least thirteen (13) years. If you are under the age of 13, please do not use this Site services. If you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from the third-party to MENTOR.
Unauthorized Use
Some portions of the Site are restricted and require authorization for access (e.g., username/password). Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Accuracy of Information Provided by You
You agree that all information you provide MENTOR is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) days of a change in any information you provided us. Such notices may be sent to:
Mentor™
c/o Custom Solutions Group, LLC
33717 Woodward Ave, suite 307
Birmingham, Michigan 48009
support@mentorhq.com
Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account and usage of Site services.
You represent and warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to MENTOR and that any such data does not contain any information of children under the age of 13 or without the consent of the child’s legal guardian. You further warrant that to the extent you provided personal data about a third-party to MENTOR, you provided that third-party with notice about this Site’s TOU and Privacy Policy. You accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
Code of Conduct
Your use of Site services shall only be for lawful purposes and must be consistent with the terms, conditions, and policies set forth in the TOU, Privacy Policy, and Billing Policy. You agree to not use Site services or anything related to the services offered by MENTOR for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited uses include (without limitation): damaging Site servers or networks; unauthorized access or hacking; data mining or scraping; IP infringement; malware; harvesting personal data; spam; mirroring content without permission; reverse engineering; and violating third-party rights.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services.
Breach of the Terms of Service and/or Privacy Policy
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you breached the TOU or any other obligation to MENTOR. Without limiting the foregoing, material breach includes failure to abide by the TOU/Privacy/Billing policies, failure to pay amounts due, inaccurate information, or Code of Conduct violations. MENTOR may suspend or terminate without notice. If written notice is provided, you shall have no longer than ten (10) calendar days to cure.
Maintenance / Site Down Time
You agree that MENTOR may perform maintenance whenever it deems reasonably necessary to the Site, which may result in periodic outages of Site services. Maintenance is generally scheduled for off-peak hours. MENTOR will attempt to communicate any expected prolonged system outage in advance. MENTOR is not liable for unforeseen outages due to utilities, acts of god, natural disaster, labor issues, or conditions reasonably outside of MENTOR’s control.
Intellectual Property Rights (non-secured areas)
You agree that MENTOR holds all right, title and interest to all services, its websites, and any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being transferred to you. All content including text, graphics, downloads and software included on this site is the property of MENTOR or its licensors and protected by United States and international copyright laws.
You also grant MENTOR a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to MENTOR, solely in conjunction with marketing the Site and its services.
Disclaimer of Warranties
MENTOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF MENTOR, MENTOR DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
Backups
We backup data from the Site from time-to-time; however, you are responsible for maintaining your own backups of all data. Upon termination of your services and for a period of thirty (30) days thereafter, you shall have the right to download or otherwise obtain your data from us so long as your account is in good standing and paid in full.
Assumption of Risk
When you access the Site, download or upload content, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. You are solely responsible for any damage done to your computer, electronic device, or other property, including loss or corruption of data.
Customer Support
MENTOR provides email support for Site customers at support@mentorhq.com.
Indemnification
As a user of this Site, you agree to release, indemnify, defend and hold harmless MENTOR and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third-party or relating to violations of your TOU, Privacy Policy, Billing Policy, your submissions, services provided by MENTOR, your infringement of third-party IP, or your alleged violation of any rights of another.
Right to Refuse Service
MENTOR, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
Reports of Abuse & DMCA
If you believe content or usage violates law or this TOU, notify MENTOR in writing. For DMCA claims, email support@mentorhq.com with the required statutory elements (signature, identification of work and material, contact information, good-faith statements under penalty of perjury). Counter notices may be submitted as provided under the DMCA.
Notices and Communication
Notices to Us must be delivered via first class mail to the Birmingham address above, or email to support@mentorhq.com with “LEGAL NOTICE” in the subject line (and we actually receive the email). You authorize Us to send notices based on the information you provide Us.
Choice of Law, Jurisdiction and Venue
All purchases from the Site or for Site services are deemed made within the State of Minnesota. This TOU and the Privacy Policy shall be interpreted in accordance with the laws of the State of Minnesota (as stated on the source Site), without regard to conflict of law provisions. You agree that any claim shall be brought exclusively in the state or Federal courts with jurisdiction in Royal Oak, Michigan, and irrevocably submit to such jurisdiction.
Exclusive Remedy and Damages Cap
You agree that our entire liability, and your exclusive remedy, with respect to any claim related to the Site, this TOU, the Privacy Policy, or procurement of other services, is limited solely to the amount you actually paid for such services to us within the past 12 months. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR INABILITY TO USE THE SITE.
Time Limitations For Action
Any cause of action arising out of or related to the services provided to you by Us must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Legal Advice
MENTOR DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES.
TERMS SPECIFIC TO SECURED AREAS OF SITE
The following terms apply to usage of secured areas (username/password). If any provision conflicts with the general terms above, this section shall govern.
Confidentiality and Account Security
We will treat the information you provide in secured areas as confidential. The secured areas include industry-recognized security protections; however, no electronic service can provide absolute security. You are solely responsible for account security settings, protection of your password, and all consequences of activities on your account. We will never request your password. If you suspect compromise, change your password and contact MENTOR immediately at the address above.
If we receive any subpoena or Court order mandating disclosure of information about you or your data, we will attempt in good faith to notify you before disclosure where permitted. You agree to reimburse Us for expenses and costs (including internal staff time and external experts) reasonably incurred in responding to such process.
Intellectual Property Rights (secured areas)
Content you lawfully create remains your property. Content and software we create remains our property. You grant MENTOR a limited, revocable, non-exclusive license to use your IP stored in secured areas solely to help audit, maintain, or improve our service offering to you. You may revoke this license by advanced written notice and removing the affected materials.
Free Trial Period
If you have signed up for a free trial, We will make certain Site services available free of charge until the earlier of (a) the end of the free trial period, or (b) the start date of any purchased subscriptions. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE DURING YOUR FREE TRIAL, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL.
Also see the Master Subscription Agreement for purchased Services terms.