Effective Date: March 4, 2020.
The MyMentor.life website located at www.MyMentor.life is a copyrighted work belonging to MyMentor.life. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
The MyMentor.life website located at www.MyMentor.life is a copyrighted work belonging to MyMentor.life. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
The contents of the services, information and coaching services obtained from users of the services, licensors, and other material contained on the services are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
THE SERVICES PROVIDED BY MyMentor.life ARE NOT MEDICAL ADVICE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE ENCOUNTERED WITH THIS SERVICE. MyMentor.life DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIAN, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY MyMentor.life, MyMentor.life EMPLOYEES, PARTNERS, OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
LICENSE TO USE CONTENT
MyMentor.life grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content, including Content provided by a Coach pursuant to an Arrangement, retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of MyMentor.life. All rights not expressly granted in these Terms of Service are expressly reserved for MyMentor.life.
By accessing, browsing and/or using the services, you agree that you are solely responsible for any habits you may choose to pursue using the services and MyMentor.life does not warrant any habits listed on the services, nor does it recommend or endorse any particular habit by listing such habit on the services. We have no obligation to review or modify user postings on the services or other content and in all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content. Under no circumstances will MyMentor.life be liable for any loss or damage caused by your reliance on any content.
THIRD PARTY SITES / LINKS / ADS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by MyMentor.life of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
Like any other website, MyMentor.life uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The content available via the services is provided with the understanding that neither MyMentor.life nor its affiliates or users are engaged in rendering medical, counseling, legal, accounting or other professional services or advice. Such content is intended solely as a general educational aid. It is not intended as medical, counseling, legal, accounting, healthcare or other professional advice, or to be used for medical diagnosis or treatment for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider, attorney, accountant or other professional advisor familiar with your unique facts. Always seek the advice of your physician, qualified healthcare provider, attorney, accountant or other professional advisor regarding any question or issue you encounter that requires such professional advice.
The coaches and mentors relationship to MyMentor.life is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and the rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of MyMentor.life. Each User acknowledges that MyMentor.life does not, in any way, supervise, direct, or control a Coach’s work or Coaching Services performed in any manner. MyMentor.life does not set a Coach’s work hours or location of work. MyMentor.life will not provide any equipment, labor or materials needed for a particular Arrangement.
MyMentor.life makes no representations or warranties whatsoever with respect to any aspect, including accreditation, registration or licensing, of any Coach, the Coaching Services or the Content requested and provided by Users through the Services whether in public, private, or offline interactions.
You understand that MyMentor.life does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. MyMentor.life does not verify of confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Coaching Services offered by Coaches through the Services. MyMentor.life does not assume any responsibility for the accuracy or reliability of this information.
ARRANGEMENTS BETWEEN COACHES, USERS AND MYMENTOR.LIFE
A Coach and a User may enter into an arrangement for the Coach to provide Coaching Services to the User through the Services (an “Arrangement”). Coaches and Users will use the features of the Services to enter into Arrangements. Any Arrangement you enter into is between you and the other User, and MyMentor.life is not a party thereto.
If you are a Coach, you acknowledge and agree that you are solely and fully responsible for any and all Content you post and publish in your Coach Profile and any and all Coaching Services you provide to Clients through the Services. Accordingly, you represent and warrant that your Coaching Services and any Content you post and provide (i) will not breach any agreements you have entered into with any third parties, including obligations of confidentiality, and (ii) will (a) be in compliance with all applicable laws rules and regulations that may apply, (b) be truthful, accurate and not misleading, and (c) not conflict with the rights of third parties.
A User may terminate an Arrangement that it is a party to at any time by using the features of the Services and such termination will be effective immediately. Upon termination of an Arrangement, any pre-paid Coach Payments (as defined below) will not be refunded or otherwise provided back to Client.
MyMentor.life assumes no responsibility for Users’ compliance with or fulfillment of any Arrangements with other Users, including early termination of an Arrangement by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. MyMentor.life does not endorse any Coach, Client, Coaching Service or Content.
Each Client is solely responsible for selecting a Coach and the Coaching Services. Any decision by a Client to receive Coaching Services, and any decision by a Coach to provide Coaching Services, is a decision made in such User’s sole discretion.
LIMITATIONS ON LIABILITY
Under no circumstances shall MyMentor.life or its affiliates be liable for any damages resulting directly or indirectly from any aspect of your use of the website, content or services. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that MyMentor.life is not liable for the defamatory, offensive or illegal conduct of users or third parties. Additionally, in no event will MyMentor.life or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the services; (2) the cost of procurement of substitute services, items, or websites; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the services; or (5) any other matter relating to the services. These limitations will apply whether or not MyMentor.life has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
In order to use certain features of the Services, you must register and create an account with MyMentor.life (your “Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by MyMentor.life). MyMentor.life reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination.
If you have been accepted by MyMentor.life as a Coach, you may create a profile that describes your coaching skills, qualifications, price list and the Coaching Services you offer (your “Coach Profile”), which you can make publicly available via the Services. Once you make your Coach Profile publicly available, other Users will be able to communicate directly with you, by using features of the Services, regarding your Coaching Services and the details of an Arrangement or potential Arrangement (as defined below). MyMentor.life reserves the right, at any time and without prior notice, to remove or disable access to your Coach Profile for any reason, including if MyMentor.life, in its sole discretion, considers your Coach Profile to be objectionable for any reason or in violation of these Terms of Service.
By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MyMentor.life with respect to such User or third party’s actions or omissions.
The services are only a venue for connecting users. Because mymentor.life is not involved in the actual communications between users or in the arrangements between users, in the event you have a dispute with one or more users, you release mymentor.life (and our officers, directors, agents, investors, subsidiaries and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Company.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES
MyMentor.life reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice. If MyMentor.life amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
RESTRICTIONS ON USE OF SERVICES
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
– Publish, upload, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
– Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
– Collect or store any personally identifiable information from the Services from other Users without their express prior permission;
– Impersonate or misrepresent your affiliation with any person or entity;
– Provide Users with medical, counseling, legal or other professional services or advice.
– Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
MyMentor.life will have the right to investigate and prosecute violations of any of the above, including providing medical, counseling, legal or other professional advice, or intellectual property rights infringement and Services security issues, to the fullest extent of the law. MyMentor.life may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that MyMentor.life has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MyMentor.life reserves the right, at any time and without prior notice, to remove or disable access to any Content that MyMentor.life, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Services.
You represent and warrant that any Content you provide, submit or post to the Services will be non-confidential and MyMentor.life will not be liable for any use or disclosure, whether by MyMentor.life or Users, of Content. You acknowledge and agree that your relationship with MyMentor.life or your Arrangement with a User is not a confidential relationship.
As a Coach, you may receive non-public information from Clients that would reasonably be understood, under the circumstances, as confidential information, including personal details of Clients (“Confidential Information”). As a Coach, you acknowledge and agree not to use any Confidential Information of a Client for any purpose other than for providing the Coaching Services to such Client. You shall not disclose or permit disclosure of any Confidential Information of a Client to any third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of a Client in order to prevent it from falling into the public domain or the possession of third parties. You agree to notify the Client of any actual or suspected misuse or unauthorized disclosure of Confidential Information of the Client’s which may come to your attention. Confidential Information you receive regarding a Client will not be deemed Confidential Information if it: (a) was in the public domain, including publicly available through the Services at the time it was disclosed or has entered the public domain through no fault of your own; (b) was known to you, without restriction, excluding restriction imposed by Clients in anticipation of entering into an Arrangement, at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of the Client; or (d) becomes known to you, without restriction, from a source other than the Client without your breach of these Terms of Service.
You agree to indemnify and hold harmless MyMentor.life, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) the User Content, including if you are a Coach your Coaching Services, that you provide, create, submit, post, or transmit through the Services or offline; or (3) your (a) use of the Services, (b) your Arrangement or interaction with any other User, and (c) if you are a Coach, the use of your Content or Coaching Services by any User or third party, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental or otherwise) of any kind arising in connection with or as a result of an Arrangement.
These Terms of Service and the resolution of any dispute related to these Terms of Service or the Services shall be governed by and construed in accordance with the laws of FLORIDA without giving effect to any principles of conflicts of law. Any legal action or proceeding between MyMentor.life and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in Tampa, Florida United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.