Last Revised: March 18, 2019
Welcome to MentorCloud
MentorCloud™, an online platform (hereinafter the “Platform”) for mentoring and knowledge sharing, is a proprietary solution offered by MentorCloud, Inc., a Delaware Corporation (hereinafter “MentorCloud”, “We”, “Us”). The Platform is intended for individual users or members (hereinafter “Members”, “Users”, “You”) affiliated to a specific organization. We provide services (hereinafter the “Service”, “Services”) through one or more websites (hereinafter our “Websites”). Our current Websites may be found at http://www.mentorcloud.com and http://X.mentorcloud.com (where X is the name referring to the organization for whom We provide our platform and the Service, pursuant to separately executed forms and agreements) Please read the following important terms and conditions (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Services, including any content, information, products therein. This is a legal agreement between You and Us.
Under the Service, we make available to You a variety of tools that allow You to meet other professionals, exchange information and perspectives, access content, share knowledge, make decisions from building trusted relationships with individuals or groups of individuals. For example, You can create personal profiles, where You can share information about your name, professional history, academic history, accomplishments, work experience, areas of interest, blogs and websites You manage or wish to refer to, preferences to connect and communicate with other Users. You may also find Users who share Your interests and goals, and begin to communicate with them, either privately or in public discussion forums. Notwithstanding the foregoing, the number of features and tools made available to You to facilitate Your professional growth, may vary at our sole discretion, and We do not make any representation that a particular feature or tool will be available at any given time.
Modification of the Service or Terms of Service
We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified terms and conditions will be effective after We have notified You of the changes. If any modified terms and conditions are not acceptable to You, your sole remedy is to cease using the Service, and if applicable, cancel your account by sending an email to firstname.lastname@example.org (or to your organization’s administrator if You are accessing the Service as a member of a specific organization for whom we provide the Platform and the Service). By continuing to access or use the Service after We have notified You of the changes, you agree to be bound by such changes.
Use of the Service
You may use the Service only if You can and are competent to form a binding contract with Us, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must provide Us with accurate information, including your real name, when You create your account on our platform. We may, without prior notice to You or to Users generally, change the Service, stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Services. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under your password. We encourage You to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. We will not be liable for any loss or damage arising from your failure to comply with these requirements. You must be at least 18 years of age to register for the Service or to otherwise use the Service. Do not register for or use our Services if you are not 18 years of age.
If access to MentorCloud has been given to You by another organization or other legal entity, such entity may have a separate agreement with Us, besides these Terms of Service, but You are nevertheless individually bound by this Agreement. If You do not want to become a user, do not agree with these Terms of Service, DO NOT register yourself for the Service, or click on any activation link, and do not access, view, use any page of the Service. By becoming a user You acknowledge that You have read and understood the terms and conditions of this Agreement and agree to be bound by all of its provisions.
User DO’s & DON’T
As a condition to access the Service, You agree to this user Agreement and to strictly observe the following DOs and DON’Ts:
Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
Limitation of MentorCloud’s Liability
IN NO EVENT WILL MENTORCLOUD INC., ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SUBSIDIARIES, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, CONTENT AND USER ACTIVITY WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED $100.
These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Us that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service shall constitute the entire agreement between You and Us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Termination & Cancellation
We may immediately terminate or suspend your access to the Service and remove any content from our servers, in the event that You breach these Terms of Service. Notwithstanding the foregoing, We also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, You understand and acknowledge that We will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to You by these Terms of Service will immediately cease. We will not be liable to You or any third party for termination of the Service or termination of Your use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED VOLUNTARILY OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, We will have no obligation to maintain any information stored in our database related to your account or to forward any information to You or any third party. You may terminate your account at any time and for any reason by sending an email to email@example.com. Upon any termination by a User, the related account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Us. Any suspension, termination or cancellation will not affect your obligations to Us under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
GDPR and PRIVACY SHIELD: For our European Customers and Individuals