Terms of Use

Effective: May 15, 2024

1. INTRODUCTION

Welcome to www.menteeinsight.com (the "Website"). The Website is owned and operated by Mentee Insight, LLC, a New York limited liability company (the "Company," "we," "us," or "our"). The Company offers online courses, webinars, consulting, and other products and services. These Terms of Use (the "Terms") govern your use of the Website, our apps, software platforms, and other products and services (collectively with the Website, the "Services"). By using our Services, you agree to be legally bound by these Terms and by the Company's Privacy Policy, which is here incorporated by reference. If you disagree with these Terms, you may not use our Services.

Certain Services may be subject to additional terms, conditions, and agreements specific to those Services. Should these Terms be inconsistent with those additional terms, conditions, and agreements, the latter will prevail. The Company's consulting services are governed by a separate agreement.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS BROUGHT AGAINST THE COMPANY. PLEASE READ THEM CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY ARE SUBJECT TO BINDING, CONFIDENTIAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS IN A COURT OR HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. CONSIDERATION

You acknowledge and agree that these Terms are backed by reasonable and valuable consideration, the receipt and sufficiency of which are acknowledged by you. This includes, but is not limited to, your access to and use of the Website and the materials, data, and information provided on the Website or through the Services.

3. RESTRICTIONS ON USE

Our Services are limited as to who is eligible to use them. By accessing or using our Services, you warrant that you are at least 18 years of age. You also warrant that you are over the age at which you can provide consent to data processing under the laws of your country. Please note that certain geographic regions or offerings of the Services may have further requirements and/or other age restrictions. We may, at our sole and absolute discretion, refuse to offer the Services to any person or entity and change restrictions on use at any time.

By accessing or using our Services, you warrant that:

• There exists no law, judgment, or edict by the authorities of any State of the United States, country, or other jurisdiction that bars you from using the Services;
• You have not been previously prevented by us from registration and are not registering a new user account under a new name, without our explicit and written consent;
• You do not, and will not, falsely represent who you are or represent your affiliation with any person or entity.

Furthermore, you warrant that you will not, and will not attempt to:

• Violate any applicable laws or regulations, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements, or breach any of your contractual obligations or fiduciary duties;
• Harass, abuse, frighten, defame, or otherwise mistreat any person on the Website or through the Services, or any representative of the Company;
• Share any content on the Website or through the Services that contains illegal, obscene, threatening, defamatory, privacy-invasive, intellectual-property-rights-infringing, or otherwise harmful or objectable material, or intentionally promotes illegal activities, inappropriate advertising, promotional, or solicitation content; communicates credible threats or creates a credible risk of physical injury or property damage or otherwise encourages harm; contains software viruses or other malware; engages in political campaigning; initiates or disseminates chain letters, mass mailings, or any form of spam;
• Use our Services to engage in fraud;
• Use any content associated with the Services in a way suggesting an association with our products, services, or brands, without our explicit and written consent;
• Use our trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (collectively, the "Marks") in connection with any product or service that is not ours, or in a manner likely to cause confusion among users, or that disparages or discredits us or any other entity;
• Use the Website in a way that harms or impedes the Services;
• Share access to your user account with a third party or take any other steps that might put your account at risk;
• Access, or attempt to access, any other user's user account;
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, without our explicit and written consent;
• Access or tamper with non-public areas of our systems, without our explicit and written consent;
• Circumvent or defeat our authentication and/or security measures, or otherwise test the vulnerability of our systems or networks, without our explicit and written consent;
• Try to interfere with any user, host, or network, for example, by overloading or spamming our Website or inserting malware into it;
• Reverse engineer, modify, decompile, disassemble, or otherwise deconstruct any portion of our Services, or enable others to do so;
• Use or develop any third-party applications that interface with our Services or the services or content of other parties whose content we allow to be used with or in association with our Services, without our explicit and written consent;
• Visit or use our Services for any form of content, data, or text scraping, including, but not limited to, screen scraping, web harvesting, or web data extracting, through manual, mechanical, or automated means, including by the use of any form of data mining, bots or other similar software, without our explicit and written consent;
• Download or copy user account information for anyone else's benefit;
• Encourage or help any person or entity to do, or attempt to do, any of the things on this list;
• Otherwise violate the Company's Terms of Use.

We reserve the right, at our sole and absolute discretion, to suspend, disable, or terminate your access to all or part of the Services if you violate these Terms, applicable laws or regulations, or our Privacy Policy.

4. LIMITED LICENSE

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to access and personally use our Services. In no way does payment for or use of our Services give ownership of, or any intellectual property rights in, any part of our Services or the content you access. Use, reproduction, modification, republication, transmission, or distribution in any way of our Services other than for personal use purposes is expressly prohibited without our explicit and written consent. The license granted does not include, and expressly excludes, rights to resell or make any commercial use of our Services; collect and use any product listings, descriptions, or prices; or make any derivative use of our Services. Any commercial use must be subject to a separate agreement with the Company. Unauthorized use terminates the license granted.

You have a limited, revocable, and non-exclusive right to create a hyperlink to our Website, provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or offensive manner. Using any intellectual property as part of the link requires our and each applicable owner's explicit and written consent.

5. OFFERINGS

The Company offers online courses, webinars, consulting, and other products and services including, but not limited to, downloadable materials (collectively, the "Offerings"). The Offerings are subject to the Disclaimers and Limitation of Liability sections below. The Company does not grant academic credit for the completion of any part of the Offerings. The Company reserves the right to cancel, interrupt, reschedule, or modify any Offerings at its sole and absolute discretion, without prior notice or liability to you. Offerings might be available on a subscription basis.

6. MODIFYING OR TERMINATING OUR SERVICES

To the extent allowed by applicable law, we reserve the explicit right to add, remove, or modify the content, functions, features, or requirements of, and suspend or stop all or any part of, our Website and Services at our sole discretion at any time effective with or without prior notice and without any liability to you. The Company reserves the right to terminate your use of all or any part of our Services at any time at our sole discretion. If your use of a paid Service is terminated, a refund may be available under our refund policy. We may not be able to deliver all or part of our Services to certain geographic regions or countries for various reasons, including applicable export control requirements, Internet access limitations, software and hardware system requirements, government restrictions, or commercial or reputational reasons. Neither the Company nor any of its content providers, contributors, employees, contractors, sponsors, business partners, or other agents shall have any liability to you for any such action. You can stop using our Services at any time.

7. PAYMENTS

Price. Please note that any payment terms presented to you in the process of using or registering for our Services are deemed part of these Terms of Use.

Payment Method. Purchases for our Services are made and processed using a third-party payment processor, STRIPE.When making a purchase, you expressly consent to provide the appropriate payment according to the prices presented to you for the Services you have selected on our Website, in addition to any sales or other taxes that may be applicable by law, and you grant us permission to charge the payment method you provide (your "Payment Method"). We reserve the right to rectify any billing errors or mistakes, even after we have already received your payment. We will notify you within a reasonable time if any such adjustments are required. Should you decide unilaterally to reverse payment with your Payment Method, we reserve the right immediately to revoke your access to the Services that you purchased.

Taxes. For U.S. residents, by applicable law sales taxes for some Services must be collected. In that situation, we will calculate the tax you owe on the basis of what we know about your geographic location. Prices of our Services are exclusive of taxes; taxes will be collected, along with the price of our Services, at the time of sale. To be exempt from paying sales taxes, you must provide us with a valid certificate confirming that your tax exemption meets the requirements of your local tax authority.

Promotional Offers. From time to time, we may offer special promotional offers or discounts ("Offers") which are a part of our loyalty program. We reserve the right to determine your eligibility at our sole and absolute discretion and to revoke an Offer if we determine that you are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.

Price Changes. We reserve the right to change the prices for our Services or any part thereof in any manner and at any time at our sole and absolute discretion. Except as otherwise explicitly provided in these Terms, any price changes will take effect by posting on the Website.

8. REFUND POLICY

Course Refunds. You may request a refund within fourteen (14) days from the date of purchase of any of our courses for any reason. If the request is received more than fourteen (14) days after the day of purchase, no refund will be issued. The downloadable course materials are non-refundable.

Other Paid Services. Except as described in this section or as explicitly stated as part of the registration process, the Company has no obligation to provide refunds or vouchers for any other Services. Webinars are not eligible for a refund.

We are not obligated to provide a refund to users who violate these Terms or our other policies. Violation of the Terms or other Company policy will be determined at our sole and absolute discretion. We reserve the right to adjust our refund policy as we deem most appropriate.

Termination. If a purchased Service requires you to create a user account and we terminate your use of that Service before the time allowed for your access to the Offering has expired (e.g., access to an online course), we will refund 30% of its price (70% of that price is treated as attributable to downloadable materials and is non-refundable).

Late or Missing Refunds. If you have a refund, please allow up to two weeks for your payment to be refunded. In case your refund does not appear by the end of this two-week period, we recommend contacting your bank or credit card provider to confirm if the refund is pending. If your bank or credit card provider does not confirm the pending refund and you still have not received it after two weeks, please reach out to us at support@menteeinsight.com.

European User Rights of Withdrawal. In addition to the refund policies set forth above, you may have a right of withdrawal under the relevant laws in your country, including any applicable European Union laws, for a period of fourteen (14) days from the day that your contract was concluded. However, you do not have a right of withdrawal (a) if the Services have already been fully performed with your consent and with your acknowledgment that you will lose your right of withdrawal once we have performed the Services; or (b) if the Services have begun with your consent and your acknowledgment that you will lose your right of withdrawal upon beginning use of the Services.

To exercise the right of withdrawal, inform us of your decision to withdraw by an unambiguous statement (e.g., email us at support@menteeinsight.com). Subject to applicable law, your exercise of the right of withdrawal shall terminate the obligations of the parties to perform the contract.

9. USER ACCOUNT

To access some Services, you may need to create a user account. To create your user account and use the applicable Services, you must provide us with accurate and truthful information (such as your first and last name, email address, billing zip code, and/or country of residence, and card information) and agree to update your information to keep it accurate and complete.

Upon creating your user account, you are responsible for safeguarding the security and confidentiality of your password and username. This responsibility includes precluding unauthorized access or use. You are responsible and accountable for all communications, transmissions, activities, and obligations (including financial commitments for purchases through the Website) arising from access or use of your account, whether or not explicitly authorized by you. Please promptly inform the Company of any unauthorized use of your password or username or any known breach or potential breach of the Website's security. The Company is not obligated to investigate the authorization or source of any such access. You may terminate your account with us at any time.

10. SYSTEM REQUIREMENTS

You are responsible for maintaining, updating, and upgrading your software and devices, including the payment of all Internet access, software, and device fees, with no recourse to the Company.

11. USER SUBMISSIONS

Subject to certain limitations (see below), you may supply comments, suggestions, ideas, feedback, and other information, materials, and content related to our Services to the Website, communicate it through the Services, or otherwise send it to us (collectively, "User Submissions"). User Submissions do not include Offerings or other materials made available on or placed on www.menteeinsight.com by or on behalf of the Company. We welcome your User Submissions provided that you ensure that you do not use a false email address, impersonate, or mislead others regarding the origin of any User Submissions, or violate any of the conditions set forth in the restrictions on use (see section 3 above) as determined by us in our sole discretion.

For all User Submissions, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, sub-licensable, transferable universal license, including any moral rights (collectively, the "User Submissions Content License") to use, license, store, display, publish, reproduce, save, modify (e.g., to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, transmit, distribute, or translate User Submissions, or otherwise act with respect to User Submissions as we determine is necessary to operate, market, and advertise the Services.

Do not send us any User Submission that you do not want to be subject to the User Submissions Content License described above.

You acknowledge and agree that all User Submissions (including the name under which you made them) are non-confidential and non-proprietary, are not subject to any expectation of trust or confidence, and that no confidential, proprietary, or fiduciary relationship is thereby created between you and us. You agree not to enforce or assign any moral or analogous rights that apply to User Submissions and are not exclusively owned by us. By submitting User Submissions, you grant us (and those we designate in our sole discretion) unrestricted rights to use such User Submissions for any purpose, commercial or otherwise, without further permission from, or payment to, you or anyone else. In the course of such use, we may also use the name you submit and any other name by which you are known in connection with User Submissions.

You warrant and undertake that you own or otherwise control all intellectual property or other rights to all User Submissions you supply to us, ensuring their accuracy and compliance with these Terms and our Privacy Policy, and that our use of any User Submission will not infringe upon or violate any of the rights of any third party or violate any of the rules and restrictions contained in these Terms (including those described in section 3 above). We do not endorse User Submissions, and they do not represent our views. We expressly disclaim any responsibility or liability for User Submissions posted by you or others, or damages resulting from them. You agree to indemnify us and our affiliates for any claims related to your User Submissions. We expect users of our Services to maintain a high level of integrity when submitting User Submissions that are viewable by other users, including with respect to ratings and reviews of products or services. You undertake that you will prominently indicate if a User Submission was sponsored or paid for in any way. You further undertake that any User Submissions that are viewable by other users are made truthfully in good faith and based only on your first-hand experience.

You acknowledge that we have no obligation to pre-screen User Submissions and that we do not routinely review posted User Submissions. We reserve the right, at our sole and absolute discretion and without notice to you, to pre-screen, refuse, monitor, edit, remove, or block any User Submission or related activity. By entering into these Terms, you hereby provide your irrevocable consent to any such actions by us and acknowledge that we take such actions for our benefit, not yours. You acknowledge and agree that you have no expectation of privacy regarding the transmission of your User Submissions. Each time you access or use the Website or the Services or supply User Submissions through messaging platforms, social media, or otherwise, you confirm and ratify the User Submissions License for such content and any content previously posted by you.

The Company's consulting services are governed by a separate agreement (which is subject to confidentiality).

12. CONTENT LINKED TO THE WEBSITE

Please be aware that visiting the Website may lead you to other sites outside our control, including links to or from affiliates and content partners that may incorporate our Marks as part of an affiliate relationship. When you click on a link redirecting you away from the Website, the destination site may not be under our control, and it may have distinct terms of use and privacy policies that you should carefully read and assess. You acknowledge that we are not responsible for reviewing or evaluating, and we do not guarantee the offerings of, any such third-party site or its content. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. While we reserve the right to deactivate links to third-party sites, we are not obligated to do so.

13. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INCLUDED CONTENT OR FUNCTIONS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF TRADE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-SUBMISSIONS CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THIRD-PARTY SITES, OR THE SERVERS LINKED TO OR FROM THE WEBSITE THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS (REGARDLESS OF THE SOURCE OF ORIGINATION) AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED BY, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE OR TO THE COMPANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO OR FROM THE WEBSITE (AND WE SPECIFICALLY MAKE NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR AVAILABILITY THEREOF).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR AVAILABILITY OF INFORMATION, CONTENT, OR MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD-PARTY INFORMATION, CONTENT, OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR AVAILABILITY OF ANY OF THE INFORMATION, CONTENT, OR MATERIALS CONTAINED ON ANY THIRD-PARTY SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT, OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT, OR MATERIALS CONTAINED ON, OR DOWNLOADED FROM, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-SUBMISSIONS CONTENT), ON THIRD-PARTY SITES, AND ANY INFORMATION, CONTENT, OR MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD-PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

OUR WEBSITE AND SERVICES PROVIDED, INCLUDING ALL CONTENT, ARE STRICTLY AND EXCLUSIVELY PROVIDED FOR INFORMATIONAL PURPOSES ONLY. OUR WEBSITE AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH-CARE PROFESSIONAL. NOT ALL OUR PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY COMPANY PRODUCTS AND SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. NONE OF THE INFORMATION OFFERED OR PROVIDED ON THE WEBSITE OR THROUGH SERVICES MAY BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION RELYING ON THE INFORMATION OFFERED OR PROVIDED ON THE WEBSITE OR THROUGH SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE HEALTH-CARE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A PHYSICIAN, LICENSED PSYCHOLOGIST, OR OTHER HEALTH-CARE PROFESSIONAL. NEVER DISREGARD THE HEALTH-CARE ADVICE OF A PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH-CARE PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF THE INFORMATION OFFERED OR PROVIDED ON THE WEBSITE OR THROUGH SERVICES.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE DISCLAIMERS AND FULLY UNDERSTAND THAT THEY ARE A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our content providers, contributors, contractors, sponsors, business partners, licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of our and their respective officers, directors, owners, managers, members, employees, agents, representatives, and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with, or related to (a) any breach or alleged breach by you of these Terms; (b) your violation of any law or rights of any third party; or (c) any claim of infringement or misappropriation of intellectual property or other proprietary rights of any person or entity. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ independent counsel and assume the exclusive defense and control of any matter that is subject to indemnification by you.

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR REVENUES), PERSONAL INJURY (INCLUDING DEATH), OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE ACCESS TO OR THE USE OF, OR ANY INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN APPLICABLE COMPANY PARTY INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF CONTENT OR INFORMATION; OR (D) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100.00).

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE, HARDWARE, OR NETWORK; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SERVICES.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS ABOVE AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR THE COMPANY'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES OR THE ACCESS TO OR THE USE OF THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. APPLICABLE LAW AND VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, which applies without consideration of conflict of laws principles, treating these Terms as a contract fully entered into and performed within the State of New York. You agree that, subject to the binding arbitration section below, any dispute arising from or relating to the subject matter of these Terms of Use or any products, services, property, or other claims involving the Company shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. You agree to exclusive jurisdiction and venue in such courts.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ CAREFULLY

ARBITRATION. Any dispute arising from or relating to the subject matter of these Terms of Use, or any products, services, property, or other claims involving the Company is subject to confidential binding arbitration in the State of New York, by a neutral arbitrator selected in accordance with American Arbitration Association rules; provided, however, that to the extent that you have in any manner violated or attempted to or threatened to violate our intellectual property rights, we may pursue injunctive or other suitable relief in any state or Federal court in the State of New York.

JURY TRIAL AND CLASS ACTION WAIVER. SHOULD A DISPUTE ARISE, EXCEPT FOR CERTAIN TYPES OF DISPUTES AS DESCRIBED IN THE ARBITRATION PROVISION ABOVE, YOU AND THE COMPANY HEREBY EXPRESSLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS OR SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18. ELECTRONIC COMMUNICATIONS

When you access or use the Website or the Services or send emails or other communications to us, you give your consent to receive communications from us electronically. Our means of communication may include email or posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement for written communication. Electronic communications from you should be sent to support@menteeinsight.com.

19. AMENDMENTS

We reserve the right, at our sole discretion, to amend these Terms of Use at any time. Any such changes will be posted on this Website and will be effective upon posting. If we make a material change to these Terms, we will notify you in accordance with applicable laws. You are advised to review these Terms of Use periodically for any changes. In all cases, your continued use of the Services after such changes are posted constitutes binding acceptance of the revised Terms of Use.

20. MISCELLANEOUS LEGAL PROVISIONS

Entire Agreement. These Terms represent the entire agreement between you and us concerning the Website and Services and supersede any prior or contemporaneous agreement on that subject matter. If any provision of these Terms is deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that aligns with our original intent to the extent permitted by applicable law.

No joint venture, partnership, employment, or agency relationship. You acknowledge that no joint venture, partnership, employment, or agency relationship arises between you and us due to these Terms or your use of the Website or our Services. These Terms do not diminish or limit our right to comply with governmental, court, and law enforcement requests or requirements related to your use of the Website or information gathered by us in connection with such use or our Services. A printed version of these Terms and any electronically provided notice is admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.

No Waiver. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have nor that we intend to forego such action (including taking action in the future).

Assignment. You may not assign rights under these Terms without our prior written consent. We may assign rights under these Terms without your consent.

Notice for California Users. Under California Civil Code Section 1789.3, California site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Address:
Mentee Insight LLC
1280 Lexington Ave FRNT 2 #1042
New York, NY 10028
United States